My resently purchased Paramo jacket was damaged in a shop he other day

I mentioned it the the sales assistant, who fed it up the management chain

Who then Let customer services handle it.

It was agreed that we should try cleaning it, as directed by Paramo, they have said that I could use non bio detergent with vanish and if that didn't work dry cleaning

The dry cleaners informed me that using non bio could effect their cleaning process so I have had it dry cleaned first but the stain is still present

I have emailed them photos before and now after dry cleaning and advised them I wish to have a replacement jacket

The store has confirmed that the oil came from their shop a old bag of fishy dog food, but were do I stand officially in obtaining a replacement coat

Firstly it's £300 to buy new, but secondly I got it on a offer for less than that, but this is no longer Available

So what's my rights, new coat or have to accept my purchase price back Former Mod/Member, with the most post & Chicken George Arch nemesis

no doubt the Doc will update you on your rights Pinky

Iain

In a nutshell, you need to be placed back into the position you were in before this happened. This would equate to them buying you a new coat or giving you money to buy it yourself.

What kind of shop is it that has done this? Dog food shop going by the content of the topic? LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

A national chain of stores which for thoses with pets at home Former Mod/Member, with the most post & Chicken George Arch nemesis

cheers  Former Mod/Member, with the most post & Chicken George Arch nemesis

Don't worry about naming and shaming them, no defamation worries there

I would imagine they will be fine about it but you are looking at the tort of negligence as the obvious avenue. They owe customers a duty of care in the shop and via their email have admitted breaching that duty by letting some manky oil get within the area that customers roam and that breach has caused you a loss. You have tried repair which has failed so a replacement is the only option. I can't imagine it going to such arguments but they may try the old contributory negligence argument if you were (for example) trying to reach for something when you should ask staff for help.

The other avenue is breach of statutory duty, i.e. Occupiers Liability Act 1957 which states in S.2: An occupier of premises owes the same duty, the “common duty of care”, to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise.

The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.

 LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

The oil was from a older bag of fish based dog food

I believe they will try get out of, the CS person has been very avoiding the subject of replacement, not discussing it till it had been cleaned ( at least attempted)

Will see when he respond, I have a feeling they will try store vouchure first, but they done sell coats unless it's a dog type  Former Mod/Member, with the most post & Chicken George Arch nemesis

If they do try to get out of it then send them a letter along the lines of the above. Of course as I have now learned in the world of legal practice, solicitors don't fire off a shed load of legal speak when addressing non legal people so if a solicitor wrote to them on your behalf, they would use simple terms but outlining the fact that they are liable. Nothing to lose and all that!

In fact, a solicitor would offer up to 30 mins free advice and for a short letter would probably charge £70 ish which may scare them into coughing up. Whatever happens, always use email or recorded post because any promises or admissions etc. made over the phone will conveniently never have happened if the chips are down. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

just blasted off a email with proof of purchase and waiting to see what they say

the fact that i got my jacket cheaper than they are now, due to it been used in a photoshoot will give them cause to argue on the full replacement jacket cost, but its no different than it been hung up in a shop and tried on by 10 people before me buying it and i still would pay full price.

well heres waiting on their response  Former Mod/Member, with the most post & Chicken George Arch nemesis