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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a small independent fashion retailer. A customer tore

Customer Question

I am a small independent fashion retailer. A customer tore her jacket on a display fixture. It was a standard designed fixture. No nails sticking out, nothing broken or damaged, nothing negligent, just an unfortunate accident.
Several questions.
What are my liabilities?
Do I offer repair or replacement?
Can I ask for proof of the cost of the jacket?
If the customer says the jacket cost one ammount, but I can replace for a lesser price, can the customer insist on the balance?
Can I ask for and keep the damaged jacket once I offer an exchange?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Has the customer made any claim against you and how did the customer tear her jacket?
Customer: replied 2 years ago.
I was not in store at the time of the incident and have yet to speak directly to the lady concerned. However, my manager has said that she expects us to replace the jacket. I do not know if this is expected in cash or kind.
Jacket was damaged on a 1cm rounded hook, used to hang displays on the upright support of a clothes rail. This was not added by us, but a standard part of the rail when purchased.
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.
You may offer to replace the jacket like for like as the customer is not allowed to profit from this incident, so you may ask her to hand the jacket to you and you can see if it can be repaired to the same standard it was before it got torn or replace it with a similar jacket. As a last option, you may offer to pay her in cash if the other options are not viable I.e. Repair or replacement.
May I help further?

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