Returning a faulty pair of trainers

[Lip-Balm]

Hi All,


Purchased a pair of trainers for my daughter from a well known sports shop ... fast forward 8 weeks later the inside layer around the toe area has come away - leaving what looks like a hole in the mesh at the front.

Have taken the trainers, along with box and receipt back to shop for an exchange to be told that was 'fair usage' and if i disagreed to email customer support.

I am really not getting anywhere with customer services, they agree that the trainers also show signs of fair usuage - although when I asked if 8 weeks were acceptable was told that the store didn't actually have a specific time for usage.
They are now also saying that the wrong size was purchased. I bought my daughter a uk6 - got them home and realized her previous ones (same make/brand she has had for 12 months) were a uk7 so took them back unused the following morning and exchanged for a 7.
Point being there's no way the material has been stretched due to wrong sizing. As we went up a size!

Am absolutely livid and have told the store I will take them to small claims court if i need too.

Sorry tried to keep it brief - would appreciate any advice.

LB

[des8]

Re: Returning a faulty pair of trainers

hi and welcome.
First stage is to email your complaint to the CEO of the outfit. Customer (dis) service are often useless.

If that doesn't get a result you will need to send a "letter before action", which is the final stage before issuing court proceedings.

Could you name the concern; they may be known to someone here who knows the way to a successful result

[Lip-Balm]

Re: Returning a faulty pair of trainers

Hi there. Thanks for your reply. Didn't know about emailing CEO :/

I have actually sent a "letter of action before court" which states they are given 30 days before proceedings start to find a satisfactory outcome.

Their reply was a link to Trading Standards. For me to contact T'S if unhappy. I replied to say that I will see them in court.
No reply as yet.

Footlocker is the store

[des8]

Re: Returning a faulty pair of trainers

What address did you use?
It might be worth having a word with Trading Standards as it could save the stress of court

[des8]

Re: Returning a faulty pair of trainers

What address did you use?
It might be worth having a word with Trading Standards as it could save the stress of court

[Lip-Balm]

Re: Returning a faulty pair of trainers

Address? the footlocker email address? is the generic shop support one for GB.

I have also tonight emailed the Duty Officer at TS at my local council. See if they can advise.

[des8]

Re: Returning a faulty pair of trainers

was this the address: questions_en@footlocker.eu ?
This puts their contact address in the Netherlands,to which I imagine they will refer you.
However there is a Uk holding company (Footlocker U.K. Ltd) and it might be easier to sue them than the Dutch.
If it gets that far come back before you initiate court proceedings to ensure you only proceed against the right people!

[Lip-Balm]

Re: Returning a faulty pair of trainers

Many Thanks for your reply

The email address was shopsupport-GB@footlocker.eu

Had reply email back from Trading Standards - with another link to Contact Consumer Services @ Citizen Advice! :tinysmile_hmm_t2:

I have just rang them and spoken to an adviser who has advised now after all the emails which have been sent backwards and forwards to footlocker that I now need to obtain a written report from an Independent Party i.e any shoe retailer - so basically have to walk into a similar shop who sells trainers and ask them to give me a written report to pass on to footlocker with my final letter of what I expect as a satisfactory outcome.

Apparently some will do it - some wont. ?

If i have any problems after that then to contact Citizens advice again.

[wales01man]

Re: Returning a faulty pair of trainers

for a report to have any effect surely the writer would need to be a bit more than a shoe shop assistant where does one find an expert?

[des8]

Re: Returning a faulty pair of trainers

At this stage you don't need an expert's report, and even if it went to court I can't see such a report being required.
Confirmation from another retailer just to show Footlocker that it's not just an idle claim might get them moving.
I assume you are in london (as that is where their UK shops seem to be located) so you might be able to find a shoe shop who'd help

[Lip-Balm]

Re: Returning a faulty pair of trainers

I'm in Manchester and agree that the idea of getting another shop to do a letter isn't much of help to neither me or footlocker?

These trainers were paid for in a debit card. Could the bank help?

Thanks for all u your input so far x

[des8]

Re: Returning a faulty pair of trainers

Certainly try your luck as the card provider may be able to reverse the transaction as a problem has occurred.
There are deadlines which depend partly on the card scheme.
Typically it will be 120 days from the date you become aware there is a problem with a cut off of 540 days from when the transaction happened. Or it could be 120 days from the date of purchase.
Rules vary depending on the type of card and the kind of transaction so check out the particular terms and conditions pertaining to your card.

[dan_1207]

Re: Returning a faulty pair of trainers

I think suing a retail giant for the cost of a pair of trainers is a little drastic.

I'm presuming that the trainers were purchased before 1 October 2015, which saw a rather big change in consumer law with the introduction of the Consumer Rights Act 2015. If so, then you are able to rely on two provisions; s14(2) and s14(3) of the Sale of Goods Act 1979. If purchase was after 1 October 2015, then rely on s9 and s10 Consumer Rights Act 2015 (which are the now relevant sections for contracts entered into on or after 1 October 2015 for your situation)

S14(2) - the seller of goods will promise that the goods sold are of satisfactory quality, when selling in the course of a business. This implies a term into the contract, which would mean that (as a term) you have, by law, the right to claim damages (and repudiate, but ignore that term for this case). Further, s14(2B)(e) provides that durability is, in appropriate cases, an aspect of the quality of goods. It also takes into account price (i.e. if you paid £4.00 for them, don't expect them to last months). It assumes you've not been told of any defects prior to purchase too.

S14(3) - there is an implied condition that, where the buyer makes known to the seller any particular purpose for which the goods are required, the goods will be fit for purpose, whether or not it is a purpose for which goods of that kind are commonly supplied. (If the product has only one purpose or its use is obvious, however, the court will assume that the seller knew what this was.) See Priest v Last [1903].

These tests apply from the viewpoint of a "reasonable person", so getting an "expert's" report is rubbish and is, IMO, a waste of your time.

Practically speaking, if they've refused to consider a refund which would be the most suitable response, and you've served a protocol-compliant letter before action, you are technically able to sue, but is it really worth it?

[Amethyst]

Re: Returning a faulty pair of trainers

My dad took some shoes back to M&S after 8 years as the sole had come away , and although they found it amusing, they did give him a voucher towards the cost of the replacement pair he wanted. He didn't have to get any independent report from anyone, let alone a random shoe shop assistant.

( random unhelpful comment #6, but some companies do still have customer service that doesn't glue itself to the absolute minimum they can get away with by law)

[paisey]

Re: Returning a faulty pair of trainers

Hello
I am having the same problem with Footlocker in Bristol. Bought my son a pair of **** air force for school, they insisted on measuring him then said he was a 6.5 ( he has been wearing a 9 for over a year) then they said the size 8 fitted which i bought but with doubts. After wearing them for 3 weeks they have frayed and split at top by lace, tried returning with receipt but they refused refund or exchange saying wear and tear. I have since had numerous emails to footlocker who last emailed to say will not do anything as my fault for not buying size 6.5 and they broke because too big. This is obviously ridiculous even wear they have broke could nit be caused by wrong size and if anything they are too small. Ive contacted **** but they expect you to pay to return them to the Netherlands for inspection. Ive decided to write this off as a bad experience and never step foot in footlocker again. I would be interested to know how you get on and be happy for you to quote my similar experience to Trading Standards if you do proceed.