What's my rights?

[buffymad]

Bought a pair of wellies from TK Maxx on 12 November. Only started wearing them when the snow started. I've had them less than a month and noticed the seams were starting to come apart (wet feet!) and today a big split has appeared across the front (possibly where my foot bends). I know wellies aren't indestructible but surely they should last longer than this without falling apart?!

Can't find the receipt but as I paid by credit card it appears on my statement.

So my question is what are my rights? Can they only offer me an exchange as I don't have a receipt? Or does the fact that the wellies are faulty (not doing what they're meant to do) mean that I'm entitled to a refund?

Just want my facts straight before I go into the shop so I can stand up for myself!

[Buenchico]

Your right to a refund, in respect of faulty goods, only lasts until the point when you've legally 'accepted' them. The length of that period isn't defined in law. With many items it might only last a day or so, just giving you time to get the goods home and check that everything seems to be in order. However there was a case where a court ruled that a woman who had bought a car in the winter months hadn't legally accepted it at the point, in the summer, when she found out that the air conditioning wasn't working. (The court ruled that, because she'd had no reason to test the air conditioning before then, the 'pre-acceptance' appraisal period had not ended).

So, if you had bought your wellies in the summer sales, and not found out that they were defective until you first wore them in the winter, it's likely that you'd still have the right to a refund. However, since you actually reached a point (a few days after you first wore the wellies) when you were apparently satisfied with them, you've almost certainly 'accepted' the wellies. So your only right now is to a repair (which is obviously impractical) or a replacement.

The absence of a receipt doesn't affect your right to a replacement.

Chris

[tigwig]

I would definitely take them back to the store with your statement which is your proof of payment and as good as a receipt. Explain that you've only worn them for a month and that they are obviously not of the satisfactory quality you would expect and you would like a refund. They may or may not give you one but they should exchange them if not. Goods have to be fit for purpose and last a reasonable amount of time and I think that wellies should bloody well last more than a month. I personally have taken things back on several occasions and have never usually had a problem. Just be friendly and polite and don't be rude or shout!