Consumer rights explained: A zip has broken on my 18-month-old runners. Can I get a refund?

Q: I bought a pair of therapeutic runners from a specialist shop about 18 months ago. I bought them for walks but don’t wear them regularly. 

Around five months ago, I noticed that the zip on one of the runners was broken. As soon as I put my foot in, the zip opened apart.

Since I don’t wear the runners often, and was busy with work, it took a couple of months to bring the runners back to the shop. When I did return with them recently, the shop told me that they would not take responsibility for the broken zip as the runners were more than six months old. 

When I bought the shoes, no one explained that they were guaranteed against fault for only six months. I believe the shop should be liable for a faulty product, especially when the runners cost about €190. Can you recommend a recourse for me?

Joe, Dublin

Joe, your query highlights the importance of reporting any faults with a product to the business as soon as possible. The sooner you bring it to their attention, the stronger your rights are.

In Ireland, you can seek a remedy for faulty goods for up to six years from the date you received the goods and it is the trader’s responsibility to resolve the problem.

If a fault arises in the first 30 days after you receive the goods, you can cancel your contract and return goods to the seller for a full refund. If it has been more than 30 days but less than a year, consumer law presumes that the fault existed from the date you received the item, meaning it’s up to the business to prove that the item was not faulty when you received it.

As you bought the runners more than a year ago, you would need to prove that the fault was already there when you purchased them. I can understand your frustration about this as you don’t wear them regularly, so it may have taken longer than usual for the fault to become apparent.

However, it is worth noting that the runners being “more than six months old” does not affect your statutory consumer rights. While you will need to prove the faulty zip was not a result of normal wear and tear or your own misuse, you can still take the runners back to the trader for up to six years after purchase.

In this case, I think it would be worth going back to the seller, either by asking to speak to the manager or writing a formal complaint outlining your consumer rights when it comes to faulty goods and any information or proof you have to show that the fault was not as a result of normal wear and tear or misuse. Failing that, you could consider seeking a full refund from the small claims court. It costs €25 to apply and is available for claims of up to €2,000.