gaz said:
the product is clearly not fit for it's indented purpose and as such, the shop you bought them from should either refund you the money or swap out the shorts.
Says who?
Do you think a retailer is obliged to accept the purchasers opinion that they weren't fit for purpose at the time of purchase?
What if (And I'm not suggesting this is the case);
The instructions say was at 30c and they've been washed at 90C?
Or there is a fault with the saddle and it's been rubbing?
Or they were far too small and the material has been stretched beyond it's design?
Or I could think of a dozen other scenarios. Would it be reasonable to expect the retailer to be able to determine this?
You are right that the retailer is obliged to make right a faulty item. You're wrong if you think they are not permitted to take reasonable steps to determine whether they were faulty at the time of purchase. They can use a third party to do this, that third party can me the manufacturer, distributer or anyone else with the expertise or understanding of the product.
Even in Germany with the best consumer legislation in Europe the retailer is permitted reasonable time, as I experienced with a Vaude product purchased from a German shop, which took a month to resolve.
