Split wellies - what are my rights?

[Bruce17]

Can anyone confirm please?

I bought some wellies online in mid December, they arrived within under a week. They have now split right across the front of the foot. I've only been walking around the yard in them a few hours a day so to me that makes them unfit for purpose.
Obviously it's now February so more than 30 days for a full refund. But I think the law is up to 6 months if not fit for purpose, I'd still be able to have a replacement or repair?

I've emailed the seller to ask what they will do. I believe my rights are for either a replacement or a repair?
Anyway they've emailed back to say they have contacted the manufacturer and will let me know what they say. I'm not sure if that's to ask about a repair or to see if they will refund.
But I think, my contract of sale is with them? So if they cant repair then they need to replace them? Can anyone confirm please if I'm correct?

I will wait to hear what the seller comes back with but, id like to be informed of my rights in case they say no.

Thanks

 

[Annagain]

Yes, your contract is with the seller. They do this to try to fob people off and hope they'll go away or so they can blame the manufacturer for not dealing with the issue when it's their place to do that. They can then choose to take it up with the manufacturer if they wish.

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

 

[Courbette]

I used to work in retail (5 years ago) and at the time under EU consumer law the contact would of been considered with the retailer and as you are under 6 months from the sale date the onus would be the retailer to prove the product was fit for purpose. That said things could of changed as I haven't worked in retail for half a decade and this was EU law so I have no idea if it still stands with Brexit. Some retailers were better at complying with this than others.

 

[OrangeAndLemon]

Not sure this helps but...

I bought some leather Ariat riding boots and rode in them once or twice a week, generally looked after them and followed manufacturer advice but 11 months later the leather started to fall apart. I contacted the seller (Eileen Douglas tack shop) with pictures, they contacted Ariat who agreed to send a refund for the original cost once I provided photos showing I had cut across the toe so I couldn't resell or continue to use them.

Very happy with the service from Eileen Douglas and Ariat. It only took a couple of weeks to resolve.

 

[Bruce17]

Yes, your contract is with the seller. They do this to try to fob people off and hope they'll go away or so they can blame the manufacturer for not dealing with the issue when it's their place to do that. They can then choose to take it up with the manufacturer if they wish.

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

Thanks. I have seen the advice here but I'm a bit confused about the repair bit! I assume the seller (a well known online tack shop) wouldn't be capable of repairing the wellies themselves (the wellies are a brand name, not made by the sellers) so could they be emailing the manufacturer to check about a repair? Or is the law that if they can't repair themselves they must replace? I don't want to be without wellies for weeks in this weather!! ?

 

[Annagain]

Thanks. I have seen the advice here but I'm a bit confused about the repair bit! I assume the seller (a well known online tack shop) wouldn't be capable of repairing the wellies themselves (the wellies are a brand name, not made by the sellers) so could they be emailing the manufacturer to check about a repair? Or is the law that if they can't repair themselves they must replace? I don't want to be without wellies for weeks in this weather!! ?

They could be looking for them to repair or seeing if a repair is viable before offering a replacement or they could be buying some time and hoping you'll go away. Keep on their case.

 

[Keith_Beef]

Keep on at the retailer, with whom you have a contract. The general rule in EU law is that any item sold new is guaranteed against faulty materials or manufacturing for two years from the date of the sale, and I expect that this consumer protection will have been transcribed into the law in the UK before Brexit and will not have been watered down yet. The retailer has the option to replace or repair the item, but I doubt very much that a repair will be offered on a pair of wellies.

The retailer might then take it up with the manufacturer, who might want to get the boots back or might simply want information about the boots. Rubber and plastic articles often have manufacturing date and batch numbers moulded into the space between heel and sole, that could help the manufacturer identify a problem with the manufacturing process or with the materials used.