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

[Rollintodarkness]

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 Only just noticed so called clarks to be told oh we rescinded the guarantee as our shops are closed.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?

There were always terms and conditions to the guarantee. It always involved having to physically go to a shop before the 28th, needed to prove that the kid had outgrown the shoe.

You can't go to a shop now. Clarke's can't take your word for it. Most kids are not in school now, so don't need school shoes. So there would be nothing to stop anyone claiming the size their kids will need next year when, hopefully, all this is over.

It sucks if your kids have actually outgrown their shoes. But Clarke's haven't broken any of the terms of the guarantee.

And I think you're underestimating how many people would look for a free pair of shoes, and overestimating how much good will is actually worth to a company that were struggling before the pandemic halted their sales!

Take to social media. A lot of my friends bought Clarks because of the guarantee, and spent more on the shoes than they usually would.

a 30% off voucher if you don't normally buy their shoes is a poor compromise.

Doctor Martens had a similar thing that they nipped in the bud pretty quickly (it was a lifetime guarantee for boots) but they are honouring the ones they sold under the scheme.

Thanks for all your points of view. So sorry I didn't know this had already been discussed (otherwise I would have known before phoning them today that it wasn't worth the phonecall).
If they'd called it a good will gesture that would have been one thing, but the term "guarantee" is a stronger word with legal implications. I spent £46 on one pair and £42 on another, 30% off still makes them more expensive than many other places and they have deceived me so why would I put more of my hard earned cash into their business?
Photo of screenshot of the guarantee that is STILL on their website is included because I know MN like photos...sorry there are no pictures of parking spaces!

Yes, and point d in your photo says that your child must be remeasured in-store.

That's simply not possible and it's not Clarke's fault.

You can't get your child's feet remeasured at the moment so how would they be able to honour this? The company obviously didn't factor in another lockdown being an issue.

Terms and conditions state (and were appropriate at the time of purchase) that they had to be returned in store and the child have their feet measured. Due to government rules they cannot open.

So in the uk children's shoes are not essential?
But takeaways are ok.
How bizarre.

@Greenevalley

So in the uk children's shoes are not essential? But takeaways are ok. How bizarre.

Is it? The only shops that can open are those selling food. Takeaway businesses fit into that category. It seems entirely logical to me.

The terms and conditions are still there. The actual offer is not. There is updated information.

Just read the guarantee. It’s particularly generous - I would almost wager they must have been expecting to cancel it due to further lockdowns. I have two kids and when they were small they never had a pair of shoes fit right through to Sept - Feb half term. They must have been expecting to replace a fair few.

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 that will have no one being dishonest will it?

Actually they're going to be really struggling currently. No one I know bought more than school shoes from them. I've bought 3 fewer pairs of shoes over the last year between the 2 younger dc. They needed new school shoes round Easter, so didn't get them, and ds would have needed a new pair if they'd gone back after Christmas as he's grown that much.
So they'll have had far fewer shoes bought due to not needing them, far fewer wearing out of work shoes too.

They introduced the deal to encourage trade from parents who might have been wary of buying expensive shoes, just in case the Lockdown didn't ease/there was another Lockdown just as term started. They didn't foresee such a long second lockdown.

They would have factored in that some customers would replace shoes due to wear, rather than growth.

It's a shame, but they can't meet the original terms and they probably can't afford to rely on parental claim because people are liars so many parents will make a claim.

The high street is unlikely to recover from the lockdowns, imo.

it's simple - require a photo of the foot on a tape measure. Then you can see the size and send it back.

Badwill does more damage than goodwill does gain.

@MargaretThursday

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 that will have no one being dishonest will it?

Actually they're going to be really struggling currently. No one I know bought more than school shoes from them. I've bought 3 fewer pairs of shoes over the last year between the 2 younger dc. They needed new school shoes round Easter, so didn't get them, and ds would have needed a new pair if they'd gone back after Christmas as he's grown that much.
So they'll have had far fewer shoes bought due to not needing them, far fewer wearing out of work shoes too.

Can you not see that you’re completely contradicting yourself here?

If you read my posts, you’ll see that I’ve acknowledged that it WILL result in people being dishonest. Of course it will. This isn’t new. In the days when M&S used to offer a no quibble, no time limit refund policy, do you think no one took the piss then? Of course they did. But it was a major selling point for M&S. Of course the retail landscape has changed massively, but dropping that policy proved a major factor in the end of their ‘most trusted high street brand’ status.

You laugh at me for suggesting Clarks takes a hit here for the greater good of its business - yet in the next sentence acknowledge how much they’ll be struggling and that fewer people are buying their flagship product (school shoes). Why the hell would you alienate the customers you DO have?

I'd have a bit more sympathy with the "must get checked in store" argument if Clarks didn't offer online fitting appointments to be honest.

If they're saying online fitting isn't accurate therefore they can't use it to honour the guarantee, why do they offer it as a service?

I’d be surprised if Clarkes reopen ever again.

I would use start rite shoes instead. So much better than Clarks. They've always been a rip off.

@peak2021 You cannot directly contact a trading standards officer. They are no longer a public facing body. Citizens Advice take the calls for them and pass along the information.

Op- if a trader has guarantee terms and conditions and they don’t uphold them you can try and argue a breach of contract. If in the terms and conditions it gives them the right to change the offer at any time then you won’t have a leg to stand on.

My local store has closed down. Looks like someone didn’t think through this promotion, it’s done more to damage their sales and brand reputation than no promotion. When my children were primary school age all school shoes were from Clark’s but I would never buy from them again after this situation, they would lose my trust.

@Rollintodarkness

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?

Fight your corner. Martin Lewis Moneysavingexpert may have specifics for you legally. Managers probably have tight monetary margins in current curcumstances. Print the webpage before it "disappears"

If the first pair has worn out then I would pursue a return or refund separate to the fitting guarantee.

However I would second pp's recommendation of Start-Rite. DD came home from school one Tuesday last half term and we noticed that the leather was coming away from the rubber at the sides. I emailed Customer Services, sent the photos that they requested, and they came straight back to me agreeing that the shoes were faulty. They arranged for a replacement pair to be sent out and they were with us by Thursday. I was impressed.

Fight your corner.

There’s no corner to fight. The terms and conditions mean the guarantee is null and void while Clarks shops are closed.

I get that it's annoying - but it's a business decision. They're entitled not to honour the guarantee because they can't check the fit or wear in store.

Obviously, they've costed it out & decided that they'll lose more money by replacing shoes than they would by refusing & losing repeat customers.

I'm going to be cynical here, but my PFB had his first few pairs from Clarkes because late XFIL had a thing for wanting to take his dgs for his first shoe fitting, which I was happy to go along with.

They offered to fit 'your other little boy' with 'crawling shoes'. Dd1 was about 14 months, wearing her brother's hand me down clothes & didn't need shoes to crawl in, so I silently rolled my eyes & went elsewhere next time.

All dc managed fine in supermarket shoes from there on in, or by trying on more expensive ones.

Anecdotally most of my friends were the same - they abandoned Clarkes fairly early on because they were over priced & not all that great.

So I suspect Clarkes know perfectly well that they lose customers as parents have more kids & look for cheaper but just as good alternatives.

Their business model is more about new customers than about retaining existing ones, so they aren't that fussed if they lose your future custom.

& their arse is covered in the T&C, so it makes sense to them to risk pissing you off.

I'd also be surprised if they survive this.