Consumer advice/legal assistance required - new waterproofs leaking

Hi All

I'm hoping there might be someone on here with some legal knowledge
who could offer me some advice:

About a month ago I bought a textile jacket and trousers on-line,
apparently 100% waterproof and breathable.

The first time I wore the gear in the rain water came through the
trousers within minutes, and has done the same a couple of subsequent
times, even in quite light rain (I had no choice to continue using it
as I was away touring).

I contacted the shop where I bought the kit at the first opportunity
to tell them the problem and ask for confirmation that I could return
the goods for a refund, as would be my right with faulty goods.

The reaction of the shop at first was "It doesn't happen" (regarding
this particular item).
They then said they wouldn't give a refund until they'd sent the goods
back to the importer for confirmation of a fault.

At the moment I haven't accepted this as I don't consider that it's in
impartial assesment of whether there is a fault or not. Also my
contract is with the shop and nothing to do with the importer but it
seems the burden of proof that a fault exists lies with me.

Any informed advice on my best course of action or the best way to
prove my case would be greatly appreciated.

Thanks in advance

Kr1s

.

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