Handbag ruined by Cardigan - Rights?

Pythia

Hey,

Just wondering about people's opinions on this.

I bought a pink cardigan yesterday and wore it to work today. I went for a walk at lunch today and brought my handbag which I wore over my shoulder. After ten minutes I went to take something out of my handbag and saw it was now covered in pink. Basically the bright pink colour from the top had transferred onto the handbag where it had been touching me.

The handbag is kind of canvas material and was brown but some parts are now pink toned. It's really obvious and makes it look awful. The worst part is it's a designer handbag which was bought as a present for me.

I rang the store where the jumper is from and spoke to the manager. I am meeting her tomorrow with the handbag and the cardi. She has asked me to bring the receipt for the handbag. I don't have it as it was a present. I did manage to track down the details of the receipt from the store it was bought in (it was bought in New York so can't just get a copy).

I'm just wondering what I should ask for (or have a right to ask for?)

The handbag was very pricey and if I was to buy it over here again it would cost more than was originally paid. The manager has admitted this shouldn't have happened and the jumper is faulty.

Thanks!

mcbads08

Well at least you know going in that the manager is willing to take responsibility and help you out with it!

I can't imagine they will be willing to offer compensation for the full cost of the handbag without a receipt .. and to be fair they couldn't be expected to take your word with so many chancers out there (not suggesting that you are btw )

I'd suggest asking for a reasonable compensation against the cost of the handbag - ie. if the handbag was bought a year ago for $100 I think asking for €40 plus credit or replacement of the cardigan is reasonable.

It's likely the manager may be more inclined to offer hefty compensation if you are willing to take the compensation as a goodwill gesture in store credit - that's a win/win for everyone, you get some compensation for the issue and the store, while they lose some money at least get the money put back into the shop! Having been on the receiving end of some completely unreasonable and agressive product complaints as part of my job my advice is the more reasonable and respectful you are the better chance you have of coming to an agreed compensation that you will be happy with!

Best of luck with it!

AlexBM

Pythia wrote: »

Hey,

Just wondering about people's opinions on this.

I bought a pink cardigan yesterday and wore it to work today. I went for a walk at lunch today and brought my handbag which I wore over my shoulder. After ten minutes I went to take something out of my handbag and saw it was now covered in pink. Basically the bright pink colour from the top had transferred onto the handbag where it had been touching me.

The handbag is kind of canvas material and was brown but some parts are now pink toned. It's really obvious and makes it look awful. The worst part is it's a designer handbag which was bought as a present for me.

I rang the store where the jumper is from and spoke to the manager. I am meeting her tomorrow with the handbag and the cardi. She has asked me to bring the receipt for the handbag. I don't have it as it was a present. I did manage to track down the details of the receipt from the store it was bought in (it was bought in New York so can't just get a copy).

I'm just wondering what I should ask for (or have a right to ask for?)

The handbag was very pricey and if I was to buy it over here again it would cost more than was originally paid. The manager has admitted this shouldn't have happened and the jumper is faulty.

Thanks!

I would look for a replacement bag - it's ruined now, and I think you should be entitled to it, particularly given that the manager admitted that this shouldn't have happened with your cardigan. I'm presuming it's actually available over here, as you said it would be more expensive? They may just offer you the monetary value of the cost you actually paid, but I don't think I'd be happy with that, personally. It was a designer bag, a special gift, and it's ruined now.

Of course, it may complicate things if either of the items are marked as 'warning - colour may transfer...' blah blah blah, you know the usual statement. But as I said, the manager admitted fault, and you should be amply compensated for it, IMO.

Disclaimer - all of this is my own opinion. Not legal advice. Before anyone starts to quibble with me over it.:)

Pythia

The handbag cost approx $700 and was bought in Jan 08. It's Gucci.

The store (Saks) emailed me a copy of the receipt and it was bought on a credit card so the card statement will back up this.
The manager could probably also ring the store with the details to verify what the print out says.

The cardigan came with no warnings whatsoever. My coat also has pink stains on the inside from when I put my coat on to protect the bag although I'm not so worried about this as it's an old coat and not very expensive.

I am not interested in store credit as it's a fairly cheap high street store and wouldn't be able to replace a Gucci handbag there.

It's so annoying a cheap jumper has ruined my handbag!

Thanks for the replies btw.

mcbads08

AlexBM wrote: »

I would look for a replacement bag - it's ruined now, and I think you should be entitled to it, particularly given that the manager admitted that this shouldn't have happened with your cardigan. I'm presuming it's actually available over here, as you said it would be more expensive? They may just offer you the monetary value of the cost you actually paid, but I don't think I'd be happy with that, personally. It was a designer bag, a special gift, and it's ruined now.

Of course, it may complicate things if either of the items are marked as 'warning - colour may transfer...' blah blah blah, you know the usual statement. But as I said, the manager admitted fault, and you should be amply compensated for it, IMO.

Disclaimer - all of this is my own opinion. Not legal advice. Before anyone starts to quibble with me over it.:)

No your dead right there should definetely be some compensation! I'm talking from memory here so could be wrong but I think from a legal perspective you are only entitled to compensation for the amount that was actually paid for the bag - ie. if it cost $100 in the US but costs €250 in ireland then legally I think you would only be entitled to the current euro equivalent of $100... Crap I know as it doesn't really compensate you for the actual loss but the shop who sold the cardigan can't be expected to foot the bill for a price difference in products in different countries!

I'm open to correction but I think this is one of the terms of the Consumer Act 1979?!

passive

Have you taken the bag anywhere that might be able to clean it? Dry cleaner or somesuch? Then the shop can compensate you for that, I'm sure.

AlexBM

Pythia wrote: »

The handbag cost approx $700 and was bought in Jan 08. It's Gucci.

The store (Saks) emailed me a copy of the receipt and it was bought on a credit card so the card statement will back up this.
The manager could probably also ring the store with the details to verify what the print out says.

The cardigan came with no warnings whatsoever. My coat also has pink stains on the inside from when I put my coat on to protect the bag although I'm not so worried about this as it's an old coat and not very expensive.

I am not interested in store credit as it's a fairly cheap high street store and wouldn't be able to replace a Gucci handbag there.

It's so annoying a cheap jumper has ruined my handbag!

Thanks for the replies btw.

Hmmmm....I'd definitely seek monetary compensation, rather than store credit then. I'd get them to foot the bill for cleaning my coat, too, although that might not even get the stains out. I feel really sorry for you, actually. That's a huge amount to spend on a bag (even if it was a gift) and to see it ruined...it reminds me of the time I bought a pair of Christian Louboutins and wore them once, and the heel tip came off, exposing the steel. Or metal, or whatever it is. They're knackered, anyway .:(


Back on topic...can you name and shame where you bought it, or am I being too pushy? I'd definitely seek full value. And would go to the area manager, head office, and so on, if I didn't get it. And I'd probably write to the Evening Herald to get them loads of bad publicity, but maybe that's just me...:D

Pythia

passive wrote: »

Have you taken the bag anywhere that might be able to clean it? Dry cleaner or somesuch? Then the shop can compensate you for that, I'm sure.

No, not yet. I want the manager to see it in its original form first before I go doing anything to it.

mcbads08

Pythia wrote: »

The handbag cost approx $700 and was bought in Jan 08. It's Gucci.

The store (Saks) emailed me a copy of the receipt and it was bought on a credit card so the card statement will back up this.
The manager could probably also ring the store with the details to verify what the print out says.

The cardigan came with no warnings whatsoever. My coat also has pink stains on the inside from when I put my coat on to protect the bag although I'm not so worried about this as it's an old coat and not very expensive.

I am not interested in store credit as it's a fairly cheap high street store and wouldn't be able to replace a Gucci handbag there.

It's so annoying a cheap jumper has ruined my handbag!

Thanks for the replies btw.

Oh I'm sorry for your troubles... you must be disgusted having a bag like that ruined!!!

The legal right I mentioned (if it's correct!!) would apply to compensation though anyway so how you get it should be your choice, if you it's a high street chain then store credit wouldn't be considered a reasonable compensation for the damage. So you should have every realistic possibility of getting a minimum of the euro equivalent of $700..

ok here's what I would do (for what it's worth)

• Ask for full compensation of the total loss when you talk to the manager (cost of the bag, cost of cardigan and dry cleaning the coat)
• If he/she isn't playing ball tell them you have checked out your rights with the C.A.B and will take the matter further if needed, but would prefer to settle in store
• If they still aren't willing to give you what you are looking for ask for the store managers name and employee number and the name and contact details of the area manager for the store, also ask them for their position on the situation in writing there and then and ask them if they are happy for their suggested solution to be sent to their area manager!
• If needed send it to the area manager and advise that if you don't hear from them in 10 days you will be making a formal complaint to the CAB
• If you don't hear anything at that stage I would go down the formal route with the CAB

Hopefully you won't have to go through all of that but if you do keep notes of the date and time of every interaction with the store and who you spoke to!

In saying all of that if the manager has already accepted responsibility over the phone I'd say you've every chance of getting it sorted tomorrow if you approach it the right way!

c4cat

Pythia wrote: »

The handbag cost approx $700 and was bought in Jan 08. It's Gucci.

The store (Saks) emailed me a copy of the receipt and it was bought on a credit card so the card statement will back up this.
The manager could probably also ring the store with the details to verify what the print out says.

The cardigan came with no warnings whatsoever. My coat also has pink stains on the inside from when I put my coat on to protect the bag although I'm not so worried about this as it's an old coat and not very expensive.

I am not interested in store credit as it's a fairly cheap high street store and wouldn't be able to replace a Gucci handbag there.

It's so annoying a cheap jumper has ruined my handbag!

Thanks for the replies btw.

Surely you must have a customs receipt showing that Duty and VAT was paid on this expensive bag when your friend declared it on his/her arrival back in Ireland from NYC USA which would prove it's value.............

Pythia

Sorry, who is CAB? I only know of the Criminal Assets Bureau! :eek:

Thanks for all the advice everyone!

Pythia

c4cat wrote: »

Surely you must have a customs receipt showing that Duty and VAT was paid on this expensive bag when your friend declared it on his/her arrival back in Ireland from NYC USA which would prove it's value.............

Lol, come on.

mcbads08

Pythia wrote: »

Sorry, who is CAB? I only know of the Criminal Assets Bureau! :eek:

Thanks for all the advice everyone!

LOL Wouldn't go that far with them now!

Sorry my mistake was talking about the Citizens Advice Bureau but see it's actually now called the Citizens Information Board - here you go might get something useful out of this
http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-complaints

c4cat

Pythia wrote: »

Lol, come on.

what do you mean come on?, There must be a receipt for vat and duty on this item or a criminal offence of Tax evasion has taken place.........

FruitLover

Pythia wrote: »

The handbag cost approx $700

I know it's OT and all, but I'm curious whether I'm the only one who thinks spending $700 on a handbag is kind of sick?

Pythia

c4cat wrote: »

what do you mean come on?, There must be a receipt for vat and duty on this item or a criminal offence of Tax evasion has taken place.........

Look, this is not what this thread is about so please keep on topic.
I did not buy the bag either so there's no point in telling me that.

Pythia

FruitLover wrote: »

I know it's OT and all, but I'm curious whether I'm the only one who thinks spending $700 on a handbag is kind of sick?

Yes, it is OT. People spend thousands on new cars, drink, cigarettes, etc which I would think are a gigantic waste of money but meh, how you spend your hard earned money is up to you.

Now, we are talking about a handbag ruined by dye from a jumper!

c4cat

Pythia wrote: »

Look, this is not what this thread is about so please keep on topic.
I did not buy the bag either so there's no point in telling me that.

Well you said that you had difficulty proving the value of the item, and since by law this item had to be declared to customs, (even if you did not buy the bag )then one would assume that a tax receipt issued by the government Customs agency would be your best way to prove its value. If one is in possetion of a smuggled item knowingly then one is also a party to the crime of smuggling

I assume as you would be looking for compensation on the replacementTax paid value here in Ireland, well if duty and VAT have not been paid then an attempt of taking a pecuniary advantage would also be a criminal offense

c4cat

Pythia wrote: »

Look, this is not what this thread is about so please keep on topic.
I did not buy the bag either so there's no point in telling me that.

Well you said that you had difficulty proving the value of the item, and since by law this item had to be declared to customs, (even if you did not buy the bag )then one would assume that a tax receipt issued by the government Customs agency would be your best way to prove its value. If one is in possetion of a smuggled item knowingly then one is also a party to the crime of smuggling

I assume as you would be looking for compensation on the replacementTax paid value here in Ireland, well if duty and VAT have not been paid then an attempt of taking a pecuniary advantage would also be a criminal offense

Pythia

I rang the manager again today.

Once I have the credit card statement and the email receipt she will take the handbag from me and refund me the euro cost of the dollars on the credit card statement and will also refund me the cost of the cardi.

It's a pity as I probably can't get the handbag over here but at least the shop is being very co-operative.

AlexBM

Good to hear you've gotten it all sorted, although it's a shame it had to happen this way. I'm presuming Saks don't do mail order? If they did, and you really loved the bag, you could get it sent over.

May I ask how much the cardigan was? Just out of curiosity.

Doctor DooM

Keep us updated OP, as another poster mentioned you get alot of chancers in retail and it sounds like the manager is going to help, which is good.

mcaul

FruitLover wrote: »

I know it's OT and all, but I'm curious whether I'm the only one who thinks spending $700 on a handbag is kind of sick?

Either you're a guy who has never looked at the price of good handbags or a girl who has yet to have handbag fetish (it will come someday:D)

€400 is fairly standard for good leather handbag, so $700 is not outrageous.


A for the cardigan, basically I'd guess that the colour was not sealed in the manufacturing process and the store is happy to find out the problem early and be able to withdraw the product to prevent other customers having the same problem.

hairymolly

passive wrote: »

Have you taken the bag anywhere that might be able to clean it? Dry cleaner or somesuch? Then the shop can compensate you for that, I'm sure.

I agree with passive, why not see if it can be cleaned, especially since it was a gift and a replacement would'nt be quite the same.

Pythia

AlexBM wrote: »

Good to hear you've gotten it all sorted, although it's a shame it had to happen this way. I'm presuming Saks don't do mail order? If they did, and you really loved the bag, you could get it sent over.

May I ask how much the cardigan was? Just out of curiosity.

It was e60. It was actually a concession item, but bought in a large shop on the Green.
They do a small range of items they don't actually make and this is one of them.

dudara

c4catPlease leave the tax/duty issue alone. This has nothing to do with this Consumer Issue.

To other posters, this is not a forum to discuss the merits etc of handbag prices.

Any further deviation from the original topic will result in a one week ban from CI.

dudara

parsi

dudara wrote: »

c4catPlease leave the tax/duty issue alone. This has nothing to do with this Consumer Issue.

It may have - if the company decide to contest the value of the damaged item and asked for documented proof of the price paid and if it's a grey import they may (with/without success) claim that they will only pay once it is regularised with Customs..

Tails142

I know I shouldnt talk about this aspect and hope I dont get banned but in relation to the above...

If DUTY was paid then the cost of replacing the item would only be HIGHER, i.e. $700 + around 30% so its hardly in the shops interest to be worried about it as it would involve them having to compensate for MORE


on topic; I am amazed that the shop is even considering to compensate you. I have scuff marks from my shoes on the interior of my car, I wonder if Clarks will spring for a valet/detail.

craichoe

Tails142 wrote: »

I know I shouldnt talk about this aspect and hope I dont get banned but in relation to the above...

If DUTY was paid then the cost of replacing the item would only be HIGHER, i.e. $700 + around 30% so its hardly in the shops interest to be worried about it as it would involve them having to compensate for MORE


on topic; I am amazed that the shop is even considering to compensate you. I have scuff marks from my shoes on the interior of my car, I wonder if Clarks will spring for a valet/detail.

It only has to be declared if its being sold on, if its a personal effect or a gift its a different story.

if that was the case customs could claim everything you have in your bags and what your wearing should have tax paid on it.

If you have tags etc on new items then customs can claim you are going to sell on this item and demand the tax from you.

RE the comment the comment with scuff marks, if you scuff the interior of your car with your shoes then you did it. She was using an item as it was supposed to be used and it damaged something else in proximity.

I.E.
You kick someone in the face with a clarks shoe its your fault
A laptop burns down your house due to a design flaw then its the manufacturers fault.

Doctor DooM

Pythia wrote: »

I rang the manager again today.

Once I have the credit card statement and the email receipt she will take the handbag from me and refund me the euro cost of the dollars on the credit card statement and will also refund me the cost of the cardi.

It's a pity as I probably can't get the handbag over here but at least the shop is being very co-operative.

Thats great customer care, I must say. I've rarely seen a retail company part with their cash so readily, even when it is clearly their fault!

Perhaps spend it on something thats not a handbag to keep the natives here happy?

Cactus Col

Of course ... if the manager knows how to clean that dye off ... she's just bought herself a cheap gucci handbag!