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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU if you offer a guarantee you can't just take it away because it doesn't suit.

47 replies

Rollintodarkness · 05/02/2021 18:05

Like many others I'd imagine, I bought school shoes for my daughters from Clarks with their guarantee that if your child outgrew them before February half term they would exchange them for the correct size.
My daughters are both still in school (as am I as a teacher). 1 pair has worn really badly and barely fit, the other pair has given my daughter sores because they are too small. Only just noticed so called clarks to be told oh we rescinded the guarantee as our shops are closed.
That isn't good enough. Imagine buying a car and them taking away the guarantee after 6 months because they decided it didn't suit them any more.
I am livid. The shoes weren't cheap, haven't lasted well, certainly don't fit now but they've got my money and they don't care about me, my daughters or their feet.
Interestingly the deal is still on their website.
Is this OK? Can they just change their term and conditions?
AIBU or have they just ripped off probably thousands of families who chose Clarks specifically to buy into the guarantee?

OP posts:
Flickoffboris · 05/02/2021 18:11

I bought Clarks too under the same offer, but I really don't see how they can honour it-they aren't legally allowed to open their shops.
They've said we can have 30% off another pair of shoes instead, I don't really see what more they can do.

SoupDragon · 05/02/2021 18:13

How do you think they are going to honour it given they can not check the fit of the shoes?

smoothchange · 05/02/2021 18:14

What on earth do you expect them to do? The shops are closed Confused

sadpapercourtesan · 05/02/2021 18:15

You could try tweeting them, that sometimes embarrasses companies into honouring their promises.

Clarks have gone to the dogs anyway. Their fitting service is slapdash and their shoes are overpriced crap.

SoupDragon · 05/02/2021 18:16

They explain it clearly on their website.:

Back to School Shoe Fit Guarantee
Like many companies classed as non-essential retail, Clarks has been impacted by Covid-19 restrictions and the legal requirement to temporarily close our stores.
Our Back to School Shoe Fit Guarantee, which was due to run until 28th February 2021, relies on customers going to store to check their eligibility for the Guarantee and have their child’s shoe fit assessed by a trained fitter. With no time frame for when our stores will be able to reopen, we are very sorry to inform our customers that we can no longer continue with the Guarantee.
While this decision has been made directly as a result of Covid-19 restrictions, we appreciate how popular the Guarantee has been and are truly sorry for the disappointment this news may cause.

StillCoughingandLaughing · 05/02/2021 18:17

@smoothchange

What on earth do you expect them to do? The shops are closed Confused
Manage it the same way they would any other online return? It’s not 1996.
Aprilx · 05/02/2021 18:19

The guarantee states that they will not offer a replacement if the second fitting takes place after 30 November or 28 February as applicable.

As the stores will not be open before 28 February, I don’t see what else they can do but rescind the offer. Legally, I would say this is probably a frustrated contract and if so it would discharge them of the obligations.

StillCoughingandLaughing · 05/02/2021 18:19

@SoupDragon

They explain it clearly on their website.:

Back to School Shoe Fit Guarantee
Like many companies classed as non-essential retail, Clarks has been impacted by Covid-19 restrictions and the legal requirement to temporarily close our stores.
Our Back to School Shoe Fit Guarantee, which was due to run until 28th February 2021, relies on customers going to store to check their eligibility for the Guarantee and have their child’s shoe fit assessed by a trained fitter. With no time frame for when our stores will be able to reopen, we are very sorry to inform our customers that we can no longer continue with the Guarantee.
While this decision has been made directly as a result of Covid-19 restrictions, we appreciate how popular the Guarantee has been and are truly sorry for the disappointment this news may cause.

And people wonder why traditional retail is failing. Why can’t they just say if you have proof of purchase within the guarantee period, we’ll take your word for it on the foot growth and let you do an online return. Saying they can’t do it without in-store proof is a very small-minded mentality. They would earn way more in goodwill than it costs them in shoes.
smoothchange · 05/02/2021 18:35

Manage it the same way they would any other online return? It’s not 1996.

It's not any other return though? It's a guarantee that needs in store checking

SoupDragon · 05/02/2021 18:45

Why can’t they just say if you have proof of purchase within the guarantee period, we’ll take your word for it on the foot growth and let you do an online return.

Yeah... because that's not going to backfire with people taking the piss is it?

StillCoughingandLaughing · 05/02/2021 19:06

Of COURSE people will take the piss. You don’t need to be a genius to work that out. What I’m saying is, the physical retail market is in its worst state in history. Would you have believed even five years ago that all the Arcadia brands would leave the high street? Businesses have to do what they can to stay relevant. If that means taking the hit on replacing a few pairs of shoes, I’d say that’s worth it.

How badly can people possibly abuse this offer anyway? If they have to send the shoes back, it’s not like they get two for one. Let’s say a customer sends the shoes back now when actually their child probably could have worn them until May. Okay, the parent hasn’t had to replace the shoes at their cost - but, if the child doesn’t actually need the bigger shoes until May, they still need something to wear on their feet until then. It’s not like the parents got the freebie AND kept the shoes they need now.

On the other hand, a parent who genuinely needs to take advantage of the guarantee now and is told they can’t will have to buy shoes from somewhere else - and guess what? It probably won’t be from Clarks.

Aprilx · 05/02/2021 19:06

They would earn way more in goodwill than it costs them in shoes.

Doubt it. I think you are being naive if you think people would not take advantage in vast numbers.

StillCoughingandLaughing · 05/02/2021 19:07

@smoothchange

Manage it the same way they would any other online return? It’s not 1996.

It's not any other return though? It's a guarantee that needs in store checking

Only because they decided it needs in-store checking. They could easily change that policy.
VinylDetective · 05/02/2021 19:08

I have deja vu. Didn’t we have this exact same thread recently?

StillCoughingandLaughing · 05/02/2021 19:11

@Aprilx

They would earn way more in goodwill than it costs them in shoes.

Doubt it. I think you are being naive if you think people would not take advantage in vast numbers.

‘Vast numbers’? I think you’re overestimating there.

But anyway, as I’ve said, even if people DO take advantage, it’s not like they get two pairs of shoes out of it. They would have to send back a pair of shoes that do fit in exchange for ones that don’t fit yet. Of course a lot of parents would happily take free shoes that their children will grow into - but how many will want to send back shoes that do actually fit?

Eslteacher06 · 05/02/2021 19:13

I was wondering about this as my daughter was complaining they were too small.

Very annoying as I wouldn't have bought the shoes if I had known.

I'll just get them half the price from Asda instead.

namechange5575 · 05/02/2021 19:14

If the shoes are of poor quality you can get a refund anyway, sold as defective or. It fit for purpose. You would expect a pair of child's shoes, paid £30 for, to last six weeks. If they don't, they 'aren't fit for purpose' and you can claim a refund under your statutory rights. And yes Clark's quality is dreadful - but startrite, excellent quality and great value sales.

AndIquote · 05/02/2021 19:17

They should honour the guarantee by offering a pre-paid package to send the shoes back for inspection accompanied with the receipt.
If the deal is still on their website then they are deceiving the consumer by false advertising.
In my experience it is notoriously difficult to argue a case about shoes with the shop.
Could you try trading standards?

JohnMiddleNameRedactedSwanson · 05/02/2021 19:31

@VinylDetective

I have deja vu. Didn’t we have this exact same thread recently?
Yes.
smoothchange · 05/02/2021 19:38

I don't see where the offer is still available on their website

MissMarpleDarling · 05/02/2021 19:40

Yabu. Just buy your kids shoes that now fit from different shop and breath.

peak2021 · 05/02/2021 19:41

I would suggest contacting your local Trading Standards Officer. Part of your local council, or the one local to where you bought the shoes.

People have been unreasonable with retailers in returning things I agree, but that is not what is at stake here, it is what a retailer can do within the law. Which I expect few on MN are experts about.

zaffa · 05/02/2021 19:44

@AndIquote

They should honour the guarantee by offering a pre-paid package to send the shoes back for inspection accompanied with the receipt. If the deal is still on their website then they are deceiving the consumer by false advertising. In my experience it is notoriously difficult to argue a case about shoes with the shop. Could you try trading standards?
But if you send the shoes back, and have to wait for inspections and such like before new shoes were dispatched, what will your child wear to school in the meantime?
smoothchange · 05/02/2021 19:49

@peak2021

I would suggest contacting your local Trading Standards Officer. Part of your local council, or the one local to where you bought the shoes.

People have been unreasonable with retailers in returning things I agree, but that is not what is at stake here, it is what a retailer can do within the law. Which I expect few on MN are experts about.

It's nothing to do with the law. The guarantee was over and above that.

nimbuscloud · 05/02/2021 19:50

They should honour the guarantee by offering a pre-paid package to send the shoes back for inspection accompanied with the receipt.

How do you propose they measure the child’s feet so that if can in fact be proven that the child has indeed outgrown the shoes?