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QuiteAnnoyed

CLOGGIS of Hyde, Cheshire - BEWARE

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Hi,

Last week, I tried purchasing 2 pairs of those Crocks look-alike sandals online but ended up phoning the order through as I couldn't get past the 2nd page on the website. Been wearing this style a couple of years and they ARE comfortable. Anyway, both pairs arrived within 24 hours (good!) However, one pair was not well made and couldn't be worn either with the strap in the up OR the down position. Total cost was £6.99 per pair, £3.99 postage for first pair and £3.00 for 2nd pair, even though in the same parcel.

 

Their returns rules are, the buyer pays the return package PLUS ANOTHER £3.00 to cover their costs... They would check them then decide whether they think they're faulty and would send a replacement. NO refunds. Mmm.

 

I phoned them and to say they were unprofessional is an understatement. The Customer Services bod, Dawn Kirk, was very difficult to pin down, and Michael, the lad who answered was ... well, I won't go into that, but I doubt whether he'd had a-n-y- training whatsoever on how to deal with customers.

 

I called Consumer Advice in Lincoln who suggested I return and request a refund, including both the original and the return postage costs, currently standing at £12.14.

 

I was out all Wednesday morning, I returned to find ANOTHER pair of Cloggis had been delivered. There was NO covering letter, there was NO 5 free Cloggis charms THAT ARE PROMISED on their website, they just snipped my address from the letter I'd sent them and taped it on the envelope - not even my name!! I greatly doubt whether they read it - they certainly didn't acknowledge the letter.

 

I called Consumer Advice again, they suggested I send them a second letter, including a copy of the first I'd sent and request a pre-paid envelope to return them. Give them 10 days and if no joy they'd refer it to Trading Standards.

 

We're not talking about hundreds of pounds here, but I DO NOT like to be made to feel an idiot - or taken advantage of. It's the principle of the thing, and especially in these times hate to think they're treating customers like this who maybe cannot afford to lose money in this manner.

 

Can I please have your thoughts on this, I'm not sure what to do next.

 

This is the link to their website, although someone might remove it from this thread::

 

http://www.cloggis.com/Been speaking to Michael this morning - was passed to him by Dawn. Spoke for 16 minutes - he then put the phone down. He even talked about a faulty £15k car he once had and couldn't get a refund... very relevant. He kept telling me to view the T&Cs - NO REFUNDS only CREDIT NOTES. Just spoken to Trading Standards again, they MUST refund for faulty goods.

 

I've sent the letter recorded an hour ago. Lets see whether they have the good manners to respond to that. They additionally don't seem to want to reply to emails either...

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Mmm. Quite a few views, no advice. Anyone had any similar problems to this? ONLY offer a credit note, NO refunds??

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Guest Old_andrew2018

Keep on to trading standards, you could write to their local trading standards at hyde, cant see what more you can do, I wont use them myself after reading their terms and conditions shown on their website.

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Back in a mo


I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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By the way this company is not a large one - just thought I'd let you know that. Dawn and Michael are probably related as well.

 

The local TS are not a bad lot compaired to some of the TS around the country that I've dealt with. I would suggest you write to the local TS as if you write to your local one the probably wont do anything about it but the local one may have other complaints on file.

 

DG:)


I have no legal training my knowledge comes from my personal life experiences

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Local Trading Standards address

 

Trading Standards

Tameside MBC

Council Offices

Wellington Road

Ashton under Lyne

Lancs

OL6 6DL

 

email: online.tameside.gov.uk/tradingstandards

 

Sorry can't put the direct link on my old mac wont let me.

 

DG:)


I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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have a look at the

 

Distance Selling Regulations [DSR]

 

The Office of Fair Trading: Distance Selling Regulations

 

and you'll find that you do have an enormous amount of rights when buying goods unseen over the internet or through a publication.

 

But

 

getting them enforced is a little more difficult sometimes.

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If you have had them for 7 working days or less from the day after you received them, then you need no excuse at all to return them. They have to accept them and refund you in full within 30 days.

 

You will be liable for the return postage as they have stated that in their terms and conditions.

 

One thing they say is that a credit note or exchange will be issued - no - they have to pay you the full amount you paid including the postage cost to send them to you.

 

The above is only if they have sent you your rights (in writting) under the DSRs with the parcel or by email or letter. They have not given them on their website, so must send them with the parcel, by email or by letter in which case the 7 days does not begin until your receive them. If you haven't received your rights in writting, then you have 3 months in which to reject them and return them for a full refund including postage.

Edited by Conniff

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If they haven't sent you their returns policy then you have only to take reasonable care of the item whilst they arrange to collect the item from you at their expense.

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Good Morning and many thanks, old_andrew2007, diamondgiel, middenmess and conniff. This is all very helpful. The ONLY enclosed paperwork I received, and that was in the first AND second shipment, was a 'with compliments' type of thing - the wording on the back states::

 

RETURNS INFO. If you need to return goods to us you need to

do so within 7 days from the date of purchase. We can exchange

for a larger or smaller size providing shoes have not been worn,

all original packaging has been retained and original labels are still attached.

Please post Cloggis back along with your name and

address, new size required and a £3.00 per pair to cover our

new postage costs to: Cloggis, Adamson Industrial Estate,

Croft Street, HYDE Cheshire SK14 1EE.

Please Note: ALL CHEQUES PAYABLE TO D. KIRK.

 

Above is exactly as it appears, including bold type. Something I'm wondering, in the past when purchasing either via phone or online, I've been posted with the goods a till receipt, often with 'customer not present' or similar wording.

 

It crossed my mind too diamondgirl, that Dawn and Michael might be related.

 

Just looked at their website again - I've found a discrepancy - here's what it says::

Cloggis will exchange or issue a credit note if all four conditions

below are met:

 

  • the item has not been worn and is in resaleable condition.
  • the item is returned to cloggis within 14 days of purchase.
  • there is a valid receipt or proof of purchase.
  • the original labels are still attached.

 

This does not affect your statutory rights.

 

Returns address:

Cloggis, Unit G, Adamson Industrial Estate, Croft Street, Hyde Cheshire SK14 1EE, UK

Notice that on the compliments slip it states 7 DAYS yet on the website 14 DAYS?????

 

I agree and think it IS a very small outfit, I wonder whether they're fully conversant with rules and regs of supply in the UK.

Their email address is::

 

dawn.kirk@btconnect.com

 

I was told by MICHAEL (Dawn KIRK in the background giving him instructions...) that their MD is : LEE STEVENS, his email address is rainbowfeet@hotmail.co.uk. I haven't emailed the hotmail address but even Dawn KIRK doesn't appear to be reading her email.

I also questioned a Hotmail address for a business??!!!

 

Just had to have a laugh too - just been reading their FaQs - item 7. Not the same as, but suspiciously similar to the explanation that appears on the Crocs (the REAL Crocs) website on how the concept first came about. I wonder whether they have a legal team to oversee what their site states??

 

Thanks again for reading and helping.

 

QA

xx :grin:

Edited by QuiteAnnoyed
typo

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The first time I wore anything like these was almost 2 years ago, they were called GEKKOs and I purchased them from a cabin at a shopping centre (not near me though). They cost £11 and ONLY finally wore out last week, which is why I went ahead and purchased these. I've been wearing these for 9 days now. They are comfortable. Now - I'm NOT overweight, and I DON'T walk 40 miles per day. I've noticed that the bottom is showing signs of wear.

 

Another thing, it doesn't state on the Cloggis website that the image might differ from the goods received, as it DOES in probably everything 'consumer' I've purchased. The shoes on the website are NOT quite the same as these I've received. In fact, it looks SUSPICIOUSLY like they've used the CROCS image on all the colours, NOTICE the black stud-shape that holds the strap either side... ONLY the tie-die images show a 'C' (as mine do - AND one of the C's has fallen off...) and the eg Khaki, Cream, Red, Blue,White, Green, Purple, Orange,Yellow and Silver pairs ALL show with the strap at the BACK, thus NOT showing the name stamped on the strap.

The images of the Blue Disney, Light Pink and kids Black that do show the strap at the front ALL appear to have the name on the strap obscured, either with Charms or 'buy now' stamp.

Curiouser and Curiouser .......

 

user_online.gif report.gif post_thanks.gif edit.gif quote.gif

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Oh, for goodness sake, what a lot of faffing about!

 

Letter:

 

Dear Sir/Madam, I purchased [items] over the phone on [date] after viewing them on your site [web addy].

 

It is quite clear that the items you have sent are not in fact the same as pictured on your site. Furthermore, they do not conform to contract as they are not "as described" and not "of satisfactory quality".

 

I hereby invoke my statutory rights under SOGA 1979 (as amended) and demand a full refund of the goods + P&P. Furthermore, if you wish for the goods to be returned to you, you will please send me a pre-paid lable so as not to cause further inconvenience.

 

Failure to do so will result in me issuing a Small Claims Summons to you to recover the sum of [£xxx], + my court fee + APR at 8% accruing.

 

You have 14 days to comply.

 

Yours etc...

 

 

**********************

 

Flesh out as required and send to them, no need to send registered, go to PO and get a certificate of posting (it's free).

 

After 14 days, if they haven't complied, you send them another letter, this time titled "Letter before action" in which you express your disappointment at their lack of response and give them another 14 days to comply. After those 14 days, you sue them. We can help you with that.

 

Bear in mind it looks as if they may be a dodgy outfit, breaching copyright and what not, so TS at this point is probably not your best option as if they were to get closed down, you'd never get your money back. Much better to try and force them into reimbursing you. THEN get them closed down. ;-)

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Morning Bookworm... love you...:lol:

 

The Cloggis I ordered though, ARE the same as on the website - I'm only pointing this image thingy as I **think** they **might** have cut n pasted those images from elsewhere...

They don't seem to conform to quality either::

>>

I've sent the 2nd letter (with copy of the first) and await their response (or not)....

 

:mad:

 

 

Oh, for goodness sake, what a lot of faffing about!

 

Letter:

 

Dear Sir/Madam, I purchased [items] over the phone on [date] after viewing them on your site [web addy].

 

It is quite clear that the items you have sent are not in fact the same as pictured on your site. Furthermore, they do not conform to contract as they are not "as described" and not "of satisfactory quality".

 

I hereby invoke my statutory rights under SOGA 1979 (as amended) and demand a full refund of the goods + P&P. Furthermore, if you wish for the goods to be returned to you, you will please send me a pre-paid lable so as not to cause further inconvenience.

 

Failure to do so will result in me issuing a Small Claims Summons to you to recover the sum of [£xxx], + my court fee + APR at 8% accruing.

 

You have 14 days to comply.

 

Yours etc...

 

 

**********************

 

Flesh out as required and send to them, no need to send registered, go to PO and get a certificate of posting (it's free).

 

After 14 days, if they haven't complied, you send them another letter, this time titled "Letter before action" in which you express your disappointment at their lack of response and give them another 14 days to comply. After those 14 days, you sue them. We can help you with that.

 

Bear in mind it looks as if they may be a dodgy outfit, breaching copyright and what not, so TS at this point is probably not your best option as if they were to get closed down, you'd never get your money back. Much better to try and force them into reimbursing you. THEN get them closed down. ;-)

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Shame you didn't mention in your first post that you had been wearing them. The initial replies would have pointed you to SOGA and not DSR.

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No, I HAVEN'T been wearing the faulty pair, Conniff. I bought 2 pairs remember, I pair was OK I only sent the faulty pair back, requesting a refund. They ignored TOTALLY the letter and sent another pair by return!!

I've sent a SECOND letter, requesting they either collect this (now 3rd pair) from me and refund or send me a pre-paid envelope and refund.

 

I await their response..

 

 

 

 

 

Shame you didn't mention in your first post that you had been wearing them. The initial replies would have pointed you to SOGA and not DSR.
Edited by QuiteAnnoyed
typo

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Well, the 7 days notice I gave CLOGGIS in the 2nd letter expires tomorrow. Trading Standards have been alerted. When they contact me, I'll point out I believe CLOGGIS have breached copywrite and used the Crocs images and are passing them of as their own on their website. Getting interesting...

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I was just about to order some cloggis when I came across your post. I am interested to know what happened - did you get your money back?

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Hi Rainysummer, thanks for post.

 

It's being dealt with via Trading Standards. I've had N-O-T-H-I-N-G from Cloggis, not EVEN a compliments slip acknowledging my 2 letters.

 

I'm very glad you've posted here rainy, because if this encourages just one person (hopefully more!)not to deal with what I think is a disreputable outfit, then I'm glad.

 

I'll keep everyone up to date on what's happening when it happens.

 

Thanks,

 

xx :)

 

I was just about to order some cloggis when I came across your post. I am interested to know what happened - did you get your money back?

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Have you issued a Small Claims Summons? If not what was the point in sending the second letter?

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Because BSC, my local Consumer Advice Centre told me to. After sending the 2nd letter, as advised, if I didn't receive any response from Cloggis within a certain time, that time now expired, then Consumer Advice would (and have) passed it to Trading Standards. I think they *probably* know the law, would hope they do, and am awaiting their answers...

 

Thank you for your message,

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My point it that YOU stated YOU would take action which YOU have now failed to do.

 

By all means report to Trading Standards but you'll be waiting till Xmas until anything gets resolved.

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Think you *might* be acting a bit pedantic - I'm willing to give TS a chance, I've uncovered more stuff re. Cloggis, not going into it here. Cloggis might well be in for more than they bargained for..

 

Thank you for your message..

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Think you *might* be acting a bit pedantic - I'm willing to give TS a chance, I've uncovered more stuff re. Cloggis, not going into it here. Cloggis might well be in for more than they bargained for..

 

Thank you for your message..

 

So you wasted time sending a letter setting out what you would do and then not bothering. Personally 14 days up, LBA giving 14 days and that's it.

 

I'm willing to bet the company fold or the owners disappear before TS do anything. They will get there in the end but every Local Authority only move at one pace. That's from plenty of first hand experience from both sides of the fence ;)

 

Let us know how you get on though

 

BSC

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What was the outcome?

I noticed the website is still up and running and they are still using the same T&Cs :(

 

My Suspicions were raised when:

The price looked 'to good to be true' when compared to Crocs

Postage costs were excessive

which led me to the delivery link (which didn't work)

leading me to the T&Cs and return polices

then the FAQs and 'where did the idea of Cloggis come from'

.....whilst walking in Las Vagas!

Mastermind genius businessman, more like doorman from Burt's Nightclub!

 

If they're not a well known company or someone you've dealt with before, do some snooping around before you part with your hard earned cash

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What was the outcome?

I noticed the website is still up and running and they are still using the same T&Cs :(

 

My Suspicions were raised when:

The price looked 'to good to be true' when compared to Crocs

Postage costs were excessive

which led me to the delivery link (which didn't work)

leading me to the T&Cs and return polices

then the FAQs and 'where did the idea of Cloggis come from'

.....whilst walking in Las Vagas!

Mastermind genius businessman, more like doorman from Burt's Nightclub!

 

If they're not a well known company or someone you've dealt with before, do some snooping around before you part with your hard earned cash

 

Morning Land Raver, thanks for your message. NOTHING happened regarding Trading Standards, they are a C-O-M-P-L-E-T-E croc of S*** as far as this case was concerned. They weren't interested, they couldn't advise me further, they coculd not have cared less!! I've just looked again at Companies House webcheck - this is all I found (as before) : WebCHeck - Select and Access Company Information slightly different address but certainly the same people. I'd LOVE to think they've gone out of business, or imprisoned etc. The way the trading laws (in my view) work in this country though, I doubt it's the case. More likely nipped off and set up elsewhere, to rip off their customers again.

 

Cheers

 

QuiteAnnoyed

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