SMART CONSUMER: My bag was faulty. Am I entitled to exchange it?
Published 09/06/2011 | 05:00
Q Edel contacted Smart Consumer about a bag she got at Christmas, which came apart.
She writes, "I was bought a Paul's Boutique bag for Christmas (for €80) from Brown Thomas. In March the handle of the bag came away from the bag and I bought it back to the shop. The girl said she would exchange it for me as a gesture of goodwill and because I had my receipt."
As the original bag was sold out at that stage, Edel chose a different bag from the same range to replace her broken one.
But just two months later the handle and zip on the new bag broke.
This time when Edel went into Brown Thomas she was told they couldn't do anything for her and that she should write to the manufacturer.
Edel says she wrote two emails and made numerous phone calls but has heard nothing back.
"What are my rights?" asks Edel.
A Edel's rights are pretty straightforward here and fall under the Sale of Goods and Supply of Services Act 1980.
If the bag is faulty Edel is entitled to a remedy; either a repair, replacement bag or a refund.
When Edel returned the first broken bag she was given a replacement, but she was entitled to this.
It should not have been described to her as a "gesture of goodwill" as Edel reports.
When the replacement bag broke, again the situation should have been rectified and Edel should not have had to contact the manufacturer.
Smart Consumer contacted Brown Thomas who acted promptly.
They said they were "flabberghasted at the way Edel was treated and would like to rectify the matter immediately."
The store said they would like to rectify the matter "promptly and efficiently."
They offered to "refund her fully for the bag, or offer an exchange, whatever option she prefers."