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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To expect a shop to change a pair of split shoes after 4 wears?!

44 replies

Myfairone · 29/05/2009 18:22

Sooooooooooo angry (and upset if Im being honest!) right now.

Bought my 2 year old a pair of shoes (£32) from a local shop (support the community etc.) last Friday. They are Startrite shoes and have stitching around the front. So he's worn them 4 times this week.

Noticed yesterday that the stitching has all come undone, so went back to the store today, thinking they would swap them for me or allow me to change them for something else...

Oh how wrong I was. The sales assistant (approx 12 years of age!) said it was my fault because of how he walked on them! how can he possibly walk on his toes!?

I asked to see the manager who made me wait 20 minutes. When she came over she glanced at them and said 'nothing I can do, its not my fault if your kid kicks a wall and splits them'! Who mentioned wall kicking? not me?! My 2 year old has never kicked a wall, let alone wearing a pair of £32 shoes!!!!

I asked why she was being aggressive and she said that she wasn't.... clearly!

Does anyone else think Im being unreasonable to expect them to change them? I mean, they are one week old and have been worn 4 times!

I've come home and cried (I know its stupid!) but i was expecting these shoes to last him all summer (according to the lady that sold them to me!) and now he has a split pair of shoes!

So if anyone lives in Sidcup, DO NOT GO TO PARES AT BLACKFEN TO BUY SHOES!!!!!!!

OP posts:

FluffyBunnyGoneBad · 29/05/2009 18:26

I've had this problem with Startrite before. Email head office and see what they say. I don't think you are BU to ask them to change it. They are covered under the Sale of Goods Act, are clearly faulty and not fit for purpose. They should offer you an exchange. here you go smile.

FluffyBunnyGoneBad · 29/05/2009 18:26

doh,

icedgemsrock · 29/05/2009 18:27

You need to go back and insist on your money back, never mind an exchange.
They are not fit for the purpose intended - which is to wear them!!
You have rights as a consumer and you should get your money back.
I'd do it for you if i lived nearer.
Oh and also ask for petrol and parking money!!

IneedacleanerIamalazyslattern · 29/05/2009 18:28

YANBU contact Startrite, I had a problem with an independant that sold their shoes (problem not as sever as yours either) and they sorted it out for me.

MaLopez · 29/05/2009 18:31

They should give you your money back. Had the same problem with Startrite shoes as well wit stitching becoming undone. Take a picture so you have proof and take them back. Ask to speak to a manager as well.

Worked a treat for me. Take your receipt with you. They are not fit for purpose if they split after 4 wears and you have not hacked at them with scissors!

AprilMeadow · 29/05/2009 18:33

Shocking! I think you could go in and get them on Trades Description Act - Fit for the purpose (clearly they are not)

I used to work for Clarks (about 10yrs ago) and seem to remember dealing cases like yours. I think given his age (2) its safe to say that he wont be kicking walls just yet. They should have taken them back and exchanged them. It could be a fault with the style of shoe or just bad luck. They wouldnt lose out as HO would refund their store for the faulty product.

Go back and in stand your ground! You didnt pay £5 for them you shelled out a whopping £32 for toddler shoes FGS possibly more than you would spend on shoes for youself.

If you dont get anywhere with them 2nd time round then make sure you get the staff names and then contact HO and kick up an almighty fuss

curlygal · 29/05/2009 18:54

Oh Myfairone almost exactly the same thing happened to me with clarks.

DS was 2 and had clarks shoes with stiching round the front (sounds v similar to the shoes you refer to) the stiching came away after a few wears.

I took them back to clarks fully expecting to be given a replacement/refund immediately as the shoes were clearly hardly worn.

BUT OH NO, the excuses given by the sales assistnats included:

He's been riding a scooter (he hadn;t and the shoes were not scraped at all)

He;s been kicking a ball (he had just turned two so no way could he kick a ball hard enough to split his shoes.

They then measured his feet and informed me that as his feet were now measuring a half size bigger (allegedly) he must have streached them!!!!!

I walked out of the shop on two ocassions and then eventually managed to get teh manager to agree to give me 50% off a new pair. They kept the shoes and told me they would send them to the head office.

I was not happy with this outcome and wrote an offical complaint and was told that there was nothing I could do as I no longer had to shoes when I said they were sent to head office they said they hadn;t been.

In the end I wrote to trading standards and got the right wording to use - fit for purpose etc as someone else said, I think I wrote four or five letters to clarks as well as going to the shop three times and EVENTUALLY got a credit voucher for the other 50% of the value of the shoes.

At the time I was totally riled and it put me off buying from clarks again.

Definitely write to statrite head office and I would hope that they would give you your money back or replace the shoes.

Here is the info from consumer direct

www.consumerdirect.gov.uk/after_you_buy/know-your-rights/

good luck I hope that you get your money back.

Really puts you off buying from that shop again. Not sure what they hope to achieve by treating customers like that!

smudgethepuppydog · 29/05/2009 18:59

You are right, they are in the wrong. The Sale of Goods Act 1979 protects you. Go back again with proof of purchase (doesn't have to be a reciept, a cheque stub or credit card bill will do) and ask for a refund. If they refuse tell them you will contact Trading Standards.

Then take your refund elsewhere and buy him new shoes.

ilovesprouts · 29/05/2009 19:05

hope you get your money bk shoes should last more than 2 weeks

Original poster

Myfairone · 29/05/2009 19:47

Oh thank you all so much! I've been crying (stupidly) over it because I seemed to be the only person who thought I was being reasonable to expect them to last longer than 4 wears.

What upset me more than anything was that one assistant said it was how he had walked and the other accused him of kicking walls!!!!!!! Totally ridiculous!

I will never ever buy from them again and I am normally a supporter of the local community stores but I know that if I had bought these from somewhere like John Lewis I would have got an immediate replacement.

Just really angry and narked tonight.

Definitely going to write to Startrite and also going to study the consumer direct link. Once again, thanks guys! Really really appreciate the sanity here!!!!

OP posts:

thederkinsdame · 29/05/2009 22:32

Contact your trading standards for some advice. i had a problem with a blender once and trading standards advised me of what I should say to the shop, who were being really difficult. As soon as I mentioned the Sales of Goods Act etc their attitude changed. Stick to your guns though as Malopez is right -they are not fit for purpose.

GodzillasBumcheek · 29/05/2009 22:39

at all these mean sales assistants!

Had to take DD's shoes back today as the sole was split - she's 11 but had only had them a month. She does take good care of her things though as she knows we can't afford to replace things too often.

Was in the shop 5 minutes before a refund or exchange was agreed and that was for a pair of £10 shoes which i fully expected to be laughed out of the shop for!

giraffesCantRunA10k · 29/05/2009 22:43

YANBU at all, and anyway you should be able to kick a ball /go on a scooter etc with shoes on anyway!! What do they suggest you wear for these activities - do they have extra special reinforced shoes that are actually designed for children to play in?

iamaLeafontheWind · 29/05/2009 22:51

Giraffe's point is a good one, point out that if their shoes are that crap that they can't stand normal wear and tear then you've been missold (or should that be soled?)

Sorry.

Original poster

Myfairone · 01/06/2009 14:01

Thank you all so much for your help...and a big thank you to curlygal for the link. I called Trading standards and was told that the shoes at 1 week have not been 'legally accepted' by me, so I am entitled to a full refund as they are not fit for the purpose of which they were sold!

So even if my son had kicked a wall (which he hadn't!) they were still not fit for the purpose!

Ive written my letter (with proof of postage) and look forward to their reply.

I doubt this is going to be easy!

But thanks all for your help.

OP posts:

muffle · 01/06/2009 14:09

I have had this attitude before with boots that a buckle fell off - they were Hobbs so not cheapo -
"But these are fashion shoes, they are not designed for heavy use"
"What so you mean I'm not supposed to walk in them"
"No not really" (they weren't even high heels - just normal boots)

I did prevail in the end by just arguing with them. But that's adult shoes - children's start rites should definitely withstand wear and tear. You are in the right and you will get your money back if you keep at it.

dilemma456 · 01/06/2009 14:16

Message withdrawn

BarbaraWoodlouse · 01/06/2009 14:21

I second the recommendation of Consumer Direct. Give them a call. They will tell you exactly what to say, what legislation to quote and supply template letters.

I found them incredibly helpful in a dispute I had getting a refund from an internet site. And I have a law degree!

PS Yes, you have everyright to get your money back. I'm sure you will eventually.

pooka · 01/06/2009 14:25

Myfairone - am shocked that this was at a Pares shop! We use the Blackheath kids branch of Pares and they have been fantastic at changing shoes if necessary. A friend returned some (I think more worn) shoes that had sort of come apart and they changed them, no questions asked.

Definitely follow up on this. Is completely unacceptable customer service.

Original poster

Myfairone · 02/06/2009 10:15

Was advised to reject the goods as they were only 1 week old and request a full refund.

The store has responded by saying that the shoes in question are not faulty. They have been damaged by being scraped
against a hard surface!!!! SO now they have accused my son of a)walking incorrectly b) kicking a wall and c)scraping them against a hard surface! All of these allegations are unfounded!!!!

Trading standards have advised me to once again reject the goods and advise them that the 'burden of proof' is on them to prove that the split shoes are due to wear and tear (good luck with that one, considering as they have only been worn 4 times in a week!).

This is just sooo frustrating...any reasonable person would expect shoes to last longer than this!

So now I've had to buy him another pair of shoes! So far he's had £70 of shoes this week, but the week isnt over yet!!!

OP posts:

wolveschick · 02/06/2009 10:22

I would not bother with the store and go straight to head office.

Original poster

Myfairone · 02/06/2009 10:23

Unfortunately Wolveschick there are only two stores and the head office is above one of the stores! Serves me right for supporting the local community! John Lewis would have just swapped em over!

OP posts:

Nahui · 02/06/2009 10:40

This reply has been deleted

Message withdrawn

Original poster

Myfairone · 02/06/2009 12:02

Nahui, my DH asked me the same question and I don't know!!!

I guess I assumed that expensive shoes would not only last longer but would be better for his feet...my experiences so far have proved otherwise!

OP posts:

juicychops · 02/06/2009 12:48

i bought ben 10 trainers from mothercare and took them back last week as the same thing happened to them. the stitching either side of the toes had come undone and i had had them 6 weeks he'd worn them 10 times at most. they swapped them for a different style no problem

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