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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to not be sure if the shop assistant was right?

96 replies

worldgonemad72 · 02/01/2011 15:54

Hi

basically my mum bought a pair of boots from clarks, she got them home, recycled the box and put them in the shoe cupboard, she cant find the receipt. She came to wear them yesterday but they had given her 2 right feet.
she's been back today to see if they can swap it, the cashier asked her if it was a size 4.5 as they had one missing, mum said yes.
Anyway the cashier said as she didn't have the box or receipt she couldn't exchange them, so mum went to put them back in the bag she took them in but the casher said she couldn't take them incase she was making it up and had stolen them from the shop!.
My mum isn't very assertive so came away a bit teary and phoned me. They've kept both of the boots. ive told my mum to get a mini statement from the bank to take in to see if this helps.
Was the cashier correct or should my mum complain?

OP posts:
Hatescolds · 02/01/2011 19:11

disgraceful from clarks and as other people pointed out can be checked with debit card etc.

Same thing happened to me in john Lewis, bought shoes in store, got home ( over hour away) and realised 2 right shoes. big difference though , JL could not have been more apologetic, couriered other shoe to me, refunded postage when i posted the second shoe back and gave me £10 on card as good will gesture. And was all done over phone so no receipts etc. Am not sure why Clarks took this stance

AnnOnimous · 02/01/2011 19:12

I think the store manager will no doubt be a lot more sympathetic than the shop worker. Hope you get it sorted.

tearinghairout · 02/01/2011 19:18

Legally they have to sell things that are 'fit for purpose'. These boots clearly weren't, so Clarks are in the wrong and your mum is entitled to another pair. Stand your ground!

cornshilk007 · 02/01/2011 19:18

Can't stand clarks - stroppy 17 year olds measuring my child's feet incorrectly.
OP this is appalling service even for Clarks. Hope it gets sorted out. Your poor mum must have been mortified.

alemci · 02/01/2011 19:22

i don't think this is good at all. has she looked high and low for the receipt and has the packaging gone or is it still in the recycling bag.

However did your mum not try both the boots on before buying or did she just try one on and ask for the other one to go with it but not try the 2nd boot on.

i am really funny with shoes and would have to try them both on.

pickgo · 02/01/2011 19:26

Agree with tearing hair out legally goods should be fit for purpose. If they're not you can demand exchange even without a receipt.
Shop workers should know basic legalities of retail!

narkypuffin · 02/01/2011 19:27

You know the Daily Mail love stories like this.

theevildead2 · 02/01/2011 19:31

I can't believe they didn't check CCTV!! I would call and speak to someone as high up as possible, demand an apology and some vouchers!

TandB · 02/01/2011 19:32

Scurry is correct. This is not theft. The issue is one of dishonesty - the word is in the statute for a reason. A situation like this would not be dishonest unless there was some suggestion that the shop did this as a scam.

The police would therefore, correctly, consider this to be a civil matter.

However, just because it is not theft doesn't make it right. Ideally, your mother should not have left the store as they now hold all the cards and she is in a position of having to establish two things - one that she was mis-sold these boots and two, that they took them off her. She should have refused to hand them over and had the manager called. however, it is understandable that she did just want to leave.

Provide proof of purchase via a bank statement and ring Clark's head office.

theevildead2 · 02/01/2011 19:33

Oh and fwd this thrad if you email a complaint, let them know how many people will see it

PinkElephantsOnParade · 02/01/2011 19:45

But the shop had no reason to think the boots were nicked kungfu. How can it be right for them to take them?

Actually this situation is more akin to a mugging as OPs mum was intimidated into leaving the boots behind.

nickschick · 02/01/2011 19:51

I think that this is a rarity Clarks have been very receptive with me and have replaced the same style of shoe 3 times for me with no receipt.

mrstimlovejoy · 02/01/2011 19:51

i took a pair of dd's school shoes back to clarks that were faulty.i didn't have the receipt so took bank statement and they refunded the money with no problem
hope you get it sorted what disgusting customer service

Eglu · 02/01/2011 19:53

I hope you get this sorted out for your poor Mum. I also hope you make them apologise to your Mum.

welshbyrd · 02/01/2011 19:54

Its pretty amazing that a cashier would think someone nick two right footed shoes, unless your mum was limping and has only one leg [right one of course] then the shop is being stupid

susall · 02/01/2011 19:56

I ran a footwear department for many years and if I had been the assistant I would have made it clear that I was really sorry for the mix up and sorted her out with her matching pair without any question. To me that would be good customer service and as the assistant had already admited to having the other one the fault was truly theirs, mistakes can and do get made at busy times. What your mum got was the worst possible service as she was accused of theft. When you go with her make sure you are firm on what you want. You also need to get an address to put in a formal complaint suggesting the staff need to be re-trained in customer service as the branch fell far short of even basic customer services with your mum.
I hope you get things sorted out and do not deal with anyone other than a manager or you will end up repeating yourself over and over.

saffy85 · 02/01/2011 19:57

AFAIK shop doesnt have to offer a refund or exchange without a receipt but they had no right to take the boots off of your mum- she paid for them so they are HERS.

Complain big time, the shop assistant fucked up utterly. I'm sure even without a bank statement they could check their stock levels and see if they sold those boots in that size on the day your mum says she bought them. All she wanted was the matching boot to hers, not a refund or even exchange. For the sake of harmony they should have been happy to do the swap. I would have done in my shop and we have a major problem with people trying to theive off us in sneaky ways.

Hope your mum gets a grovelling apology from Clarks and the stupid shop assistant.

AmazingBouncingFerret · 02/01/2011 20:03

If an item is faulty or not fit for the purpose it was sold for then you can return goods without original packaging and receipt, you are entitled to full refund, swap or repair.

floweryblue · 02/01/2011 20:24

But you do need to provide evidence that the items 'faulty or not fit for purpose' came from that seller, the seller is not responsible from goods from another seller. Agree with others who have said take in card/bank statement and request to speak to manager.

Please bear in mind that the shop assistant may not be very experienced or aware, especially at this time of year when temp staff may be employed.

ilovesprouts · 02/01/2011 20:32

complain deffo ,i wont shop in clarks as i once went in and one of the sales assistents looked at me as tho shed stepped in dog shit Shocknever been back since

Piggles · 02/01/2011 20:33

Your poor mum. How awful for her.

I can hardly believe any assistant would be so stupid and so rude.

It is true that the shop assistant may have been temp staff or new, but in that case it surely would have been better for her to summon a manager or more experienced member of staff if she was unsure of what to do? That is what I always told my newer staff to do if they were ever unsure of how to proceed.

I ran a shoe department for some years, and would have made the swap no questions asked with huge apologies for our error. I think that with no indicator that the shoes had been pinched that is the only thing that can reasonably be done. If they had wanted to be sure that a pair had been sold on the day your mum said she bought them they could have checked their records for the sale and asked her to provide a bank statement or something to support her story about making the purchase.

notmyproblem · 02/01/2011 21:00

laying devil's advocate here, but how is OP's mum going to prove anything? She phones and says "the shop asst took my shoes back", the shop asst denies it, and that's the end of i? Sure she's got a bank statement, but unless what if the store manager is unsympathetic and says the shoes are at home and OP's mum is lying? It's her word against theirs.

Or do CCTV cameras point right at the cash so they can see the real story?

notmyproblem · 02/01/2011 21:00

Erm, P devil's advocate...

LoopyLoopsOfSparklyFairyLights · 02/01/2011 21:23

DO complain, ASAP.

Let us know how it goes.

floweryblue · 02/01/2011 21:29

Notmyprob, I think any reasonable manager would look at their sales records and see that a mistake had been made, and that manager should also stand their ground if there is no evidence of a mistake and they suspect theft.

I believe a receipt should have been issued for the two shoes, with writing stating that the matter was 'in dispute pending further investigation'. Or something like it.

No shop worker/owner/manager would deliberately upset a genuine customer but we do live in a world where many people who appear to be genuine are actually thieves (I am not trying to suggest OP's mother is, just pointing out that it happens, a lot).

I know we have made mistakes in our shop, as soon as we know, the mistake is noted, so that if the customer comes back our staff will easily be able to see the error and rectify it.