Faulty boots-Shop being awkward-Please help!!

[bankhater10]

Hi, 4 weeks ago i went to my local outdoor shop and asked for a pair of walking boots around the £35 mark, i was given what seemed like a decent pair and bought them. 3 weeks ago i went for a 4 mile walk in them and noticed the stitching had come undone around the laces area and near the sole so i took them back last friday to the shop to get a refund, provided my bank statement as proof of purchase but the lady who served me didn't think they were worthy of a refund, i asked to get the manager's opinion and she took them to him, came back and said he said the same plus they were walking boots and not walking boots(they do have a steel toe-cap in them but i asked for walking boots and the box actually says 'hiking' on there) so i asked to see the manager personally. He came to see me but it was blatantly obvious that he had no intention of refunding me the money, he said that he could see that the stitching was beginning to come away but it wasn't yet bad enough to complain about, i asked does he expect me to use them for a further few weeks and then bring them back to him? He then changed tack and said the damage looks to have been done by the laces rubbing against the stitching and that the damage was aesthetic and didn't warrant a refund. He was also rude to me by smirking at me so i had him about that loudly infront of his staff to which he blushed and apologised. I have a witness to all what he said too. Then i decided to take the boots to the head office in another town, i spoke to the manageress there, explained the problem with the boots and showed the bank reciept(i didn't inform her about my dealings with the other branch) she was about to give me a refund when she phoned the other branch for the receipt number(so she could process the refund) when their manager overheard what was going on and after a long wait she claimed she didn't have the authority to refund me and that id have to see the owner who wouldn't be back for 3 hours. I then rang back to speak the the owner in 3 hours time who was incredibly defensive and wrongly stated that both managers had said that the boots were not worthy of a refund, i told her that the second manager was about to give me a refund but she denied this so asked if she herself would take a look, she agreed but when i got to the store their 'head of operations' spoke to me and told me they would be sending the boots back to the makers for their opinion and if they agreed that it was poor quality then he would process the refund to my bank card and that i wouldn't have to come back in...i then mentioned that if the boot company declined that they were faulty i wiuld then want a refund for being sold the wrong boots(i asked for walking boots) and he said he would deal with things one step at a time. I rang up yesterday and he said he hadn't had a reply from the company yet! Now what i want to know is what can i do? I really am in the right here and am incredibly frustrated by this, i have a feeling that this store are going to stall me at every step..
Please help...

[Conniff]

Yes you are completely within your rights.

When the boots are returned from the manufacturer, don't take the shops word for anything, insist that you see the report sent to the shop with the returned boots if it is not offered to you.

(I'm very suspicious that they may just wait and then say no)

This, of course, has nothing to do with the manufacturer, it is between you, the shop and the soga.

[bankhater10]

Really? Wow that is interesting, thankyou! My main worry is that the company's report will obviously say that the boots haven't got a fault bad enough for a refund etc, if and when that happens please can you advise me as to what to do next? I rang the operations manager yesterday and he said that when he knows he will let me know a.s.a.p, shall i ring him again? I will definitely ask for the company's 'report'!!

[gyzmo]

You may be pushing it for a refund but you are certainly entitled to a replacement as the goods are not as described (s. 13) and not of durable quality (s.14). Thats two counts upon which you can get a replacement. Ideally you want to put everything in writing and, as conniff says, forget the anufacturer - that is for the store to take the issue up with them. You take it up with the store as that is who suppleid them and who described them (well, supplied in response to a required description anyway).

[Fuzzgin]

I'd still insist on a refund. Why would you want a second pair with potentially the same fault? Particularly when the shop are being so obstructive. (If it hapens again, you'll have the same problem) I'd go to trading standards.

[bankhater10]

Hi, thanks for that, i will keep you updated!
Ideally, what id like is some sort of written info on the s.o.g.a that explains that it is up to the store to reimburse me/sort my problem out, not for them to deal/argue with their supplier? Can anyone help please??

[Conniff]

Sale of Goods Act Quick Facts - BERR

There you go.

[bankhater10]

BRILLIANT!!! Thankyou!!
I shall mention 'It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.' and let you know what he/they say!!

[gyzmo]

spot on! good luck.

[Alipeeps]

Originally Posted by bankhater10

BRILLIANT!!! Thankyou!!
I shall mention 'It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.' and let you know what he/they say!!

Precisely. I've had this issue myself with a shoe shop who wanted to send the shoes back to the manufacturer before agreeing to any kind of refund etc. That's codswallop. The contract of sale is between you and the seller - if they choose to send the product back to the manufacturer that's between them and the manufacturer. Your rights are enforceble against the seller and if the goods are faulty or not fit for the purpose intended (which they clearly are as any boot should be able to be worn more than once without damage/deterioratin occuring!) then the seller is obliged to refund or replace.

[Fuzzgin]

It makes me angry as hiking boots are essential to your safety if walking and MUST be reliable!

[Esio Trot]

Sometime around 1969 when I was 14 years old, I bought a pair of shoes from my hard-earned paper round money.

A week later the sole stared coming away from the upper, and I had not misused them. I took them back to the shop asking for them to be replaced. Maybe because of my age, but I was given short shrift, and told to go away - I must have been climbing trees in them or something.

I felt really miffed at this, and though it took some courage, I stood outside the shop with the shoes and just started to say out loud what a rubbish shop this was, the shoes were faulty and replacement was refused, to think carefully about shopping here, etc. I was outside for at least 10 minutes when suddenly the manager came out, invited me in and gave me replacements without further argument.

At that tender age, it made me aware of the power of protest. Ever since then I have been a pain in the proverbial to all sorts of companies, public bodies and institutions.

If the shop is in one of these modern Malls, then this is private property and protest can be easily stiffled by security staff insisting you leave the premises. Much better results when there is a high street entrance.

[bankhater10]

Hello again, well before i tell you all the verdict of my boot complaint let me just say what a truly brilliant story Esio trot posted, i thought it was brilliant and a real motivational story, iv even told my friends at work about it!!
Ok, about the boots- After many, many phone calls and voice messages to the 'Operations manager' i got a phone call from him saying that the manufacturers have agreed that the boots were faulty and i was welcome to go into the store to get my refund!! Well...as you can imagine i was really REALLY looking forward to getting my refund!! One thing i should point out is that originally when i spoke to the manager at the store and he refused me a refund i told him "Ok, let me tell you this- i WILL get my refund and im telling you that when i do, im coming to see you!!" So when i walked into the store and asked to see the manager, i was raring to go! The manager duly started to process my refund and as he was doing this(infront of a queue of customers and staff) i said "I told you i was coming to see you when i got my refund and here i am!", it felt very very good! I also pointed out that he wasn't smirking anymore(see first post by me), what i did particularly enjoy was pointing out to the other customers the whole process i had to go through just to get my refund, luckily one of the men in the queue said "Good for you!!" to me, the manager was cringing and it was just a lovely feeling, as i walked out of there i felt like i was the king of the world.........a little exaggerated but i really did! So thankyou all for your help and let this be a reminder that stamping your feet and standing up for your rights does actually get you somewhere!!
Ps- 2 weeks after that i rang the owner who had been so defensive and rude to me on the day i originally complained and happily reminded her who i was and how happy i was to finally get my refund and how i thought her company's policy of refusing customers refunds was wrong!! Oddly, she didn't share my enthusiasm!! How strange!!

[Fuzzgin]

I do love a good happy ending!

[gyzmo]

Especially one with an abundance of Schadenfreude!