I wonder if anyone can give me any advice.
I ordered a surface Pertex Jacket from Triton Cycles on 17th August this year 2012.

After a couple of months use it started to fray around the stitching of the cuffs. See pics. I’m a bit gutted as the actual wind/waterproofageness/comfort has been excellent.

I sent it back to Triton who took 4 weeks to send it to Surface (part of Charge Bikes)

Triton and Surface have now said this is not a warranty item and is my fault. I don’t think so as it is obviously frayed around the stitching.

So I am a bit miffed.

I wonder if anyone can advise me as to how to proceed. Or even point out what I cannot see – ie that it is my fault..

looking further round the cuff that stitching looks very shoddy, if you get no joy I would be going down the TS route

TS ?

I was just discussing Surface with a LBS owner today. The question was how tech the clothing was. Despite the issue here, how does it perform?

Its windproof and waterproof, folds up tiny. The only issue is that it does not have very good breath-ability, well not as good as I was hoping, it isn’t as sweaty as a cagoule, but it does not take long for me to end up very wet inside it. It’s just doesn’t perform as I expect/hoped pertex to perform.. But then I think breath-ability is a myth as I have never had clothes that were both waterproof and breath-able.

If it wasn’t for this I would buy another. (In fact I did buy two others, straight away, as I am a bit like that, I instantly loved it so I wanted to be sure I had replacements.)

Trading Standards.

Defo escalate it – doubt you’re entitled to money back though, as you’ve accepted it.

It does look like dodgy stitching. Given that you’ve just said you bought 2 others ‘cos you loved them I think Surface/Charge should sort you out!

Cynic-al “accepted it” que? I sent it back when the fault occurred? I don’t understand..

I don’t want my money back I want a replacement.

Phinw – given that Triton took a month to send it I have to say I was not sure when they told me that Surface had rejected it. So I called Surface and was given the heave-ho. I don’t think the warranty girl at Triton bothered to look at my account to see what else I had bought.

Its only a 40 quid jacket but it has left me peeved.

I thought there was SOGA thing that if it failed in less than 6 months then they had to prove it was my fault?

Inside six months the onus is on them to prove that the fault wasn’t inherent; after that it falls to you to prove. So if you only bought it in August, we can assume that it’s an inherent fault unless they can categorically prove otherwise (say, scuff marks surrounding the damage which might imply that you’ve fallen whilst wearing it).

They should be repairing / replacing / refunding that, IMHO.

Triton took a month to send it I have to say I was not sure when they told me that Surface had rejected it. So I called Surface and was given the heave-ho.

It’s nothing to to with Surface, your contract is with the supplier. They’re legally obliged to make good, without excessive inconvenience to yourself. If Triton have to send it back to Surface and Surface reject it, that’s their problem to chase.

Did they say why they’d rejected it, out of interest? Is there more to this you’ve not told us yet?

toys19 – Member

Cynic-al “accepted it” que? I sent it back when the fault occurred? I don’t understand..

I don’t want my money back I want a replacement.

You can’t get your money back if you have “accepted” the product (I think there’s more too it than just that tho) – to not “accept” something you have to reject it – return it straight after purchase.

I inferred that you wanted your money back from:

If it wasn’t for this I would buy another.

I think the 6-month thing is right tho.

Yeah they just said I had obviously ripped it, when even from the pics you can see that its come away at the stitching and then frayed. I only called Surface to check that Triton were not BSing me.

Al- it isn’t the fact it has failed that prevents me from buying another, its that fact that they have rejected my claim that makes me not want to give them any more of my money.

I’m not even sure its warranty its still under SOGA right?

I’ve had a little think and I’m considering following small claims route. Although a mate and Cynic-Al say contact trading standards. I am happy to do small claims as I have done this lots of times before, but never over a consumer issue. I wonder though is there a trading standards/other procedure I should do before small claims, or am I free to just follow small claims..

no procedure as such, but do warn them

I’m gonna do 14 days letter before action etc, I was just worried I’d get to allocation or somethign and they would say – you havent followed x procedure so naff off and do that first..