Any chance of getting a refund? Please Help!

velogal · 14 October 2008 at 2:38PM

I do advanced Step classes at the gym several times a week, and replace my trainers approx 4 times a year (when the "cushioning" starts to go), in order to avoid injury to my weak right knee..

5 days ago, I walked into a specialist running gear shop, explained my needs (ie, not for outdoor running, but for indoor Step which involves constant directional changes) and asked if they had a pair of "highly cushioned" trainers suitable for my purpose, within my budget of 50-60 pounds. The assistant assessed my gait, and I tried on several pairs. The trainers I wanted were not available in my size/colour, but by that time, I had spent 40 minutes in the very busy shop and felt pressured into buying something -- I ended up walking out of the shop with a pair of trainers costing 100 pounds.

On my way home, I bumped into an instructor at my gym, and I showed her the running shoes that I'd just bought. She looked them over and said they would not be suitable for the Step classes because (a) the "tread" of the running shoes was not safe for the rubberised surface of the Step platforms, and (b) the trainers had black soles, which would mark the wooden floors of the gym, and were not permitted.

I took the shoes (unworn, still in the box), together with the receipt back to the shop today, and explained that they "did not suit my purposes" (my exact words), but the manager adamantly refused to give me a refund, only offering store credit. She also said there was a sign next to the till saying "no refunds" (which I had not noticed, because the shop had been so busy.) A 100 pound store credit would be useless to me, because I now know that I have to stick to indoor cross training shoes, which the shop does not stock.

I have now read the MSE Consumer Rights article, and understand that you cannot take back goods simply because you changed your mind. However, having informed the shop of my specific needs, as a specialist sports shoe shop, could they not have advised me that these trainers were not suitable for my purpose?

Any advice much appreciated!

RadoJo · 14 October 2008 at 3:08PM

Hi,
Not sure about the ins and outs of the tread on the soles, but I would be surprised if any shop would take responsibility for the shoes not meeting the gym's requirements for the sole colour - if you do take it further I would not mention that as it is your responsiblity to know what your gym allows, not the shoe salesperson.
As I said, I am not an expert on different types of trainers, so these are just general questions:
1. Did the sales assistant offer you any specific advice other than trying to find shoes of the kind you originally specified?
2. Do the store make any claims about their staff's qualifications?

Unfortunately I suspect that unless the store makes any claims about the qualifications of its staff they may be within their rights to say that it is up to you to know what kind of trainers you need and that if you weren't happy with what you were offered you weren't obliged to buy anything (although I completely understand how it feels when you've been in a shop for a while!).

But even so, all is not lost provided you can flog the credit note to someone who does shop there - maybe a note up in the gym you go to or ask the nice instructor whether they would ask around?

velogal · 14 October 2008 at 3:53PM

Hello RadoJo, thanks for your speedy reply!

Your question 1 -- I'm not quite sure what you mean. I think the shop assistant was mostly concerned with finding shoes that matched my gait.

2 -- Yes, the shop is well-known for its informed staff. It's a specialist running shop, with staff that can assess people's gaits just by looking, and they offer expert advice to suit each individual's needs (I'm paraphrasing their mission statement here). Their prices are slightly higher than elsewhere, but people go there for the advice and attention to detail. It's meant to be the antithesis of shops like Footlocker or JJBs (I'm not knocking them btw!) where the staff aren't trained to be informed about gait (e.g. over-pronation) or surface suitability (road, off-road, etc.)

The thing is, until I was informed otherwise by my instructor, I had no idea that these trainers were completely unsuitable (ie, actually unsafe) for use in high-speed, advanced Step classes. In fact, the shop assistant kept on referring to my activity as "your aerobics classes", and I had to say "no, it's not aerobics on the floor, it's high speed Step; up and down and spinning off a platform" -- so in retrospect, I think she may have simplified my needs in her head.

Our gym does not have a bulletin board for personal notices, or a running club, and I doubt if the nice instructor can flog a 100 pound credit note for me, that's only good for a specialist running shop. *sigh*

I think I will try to ring the shop when the owner is supposed to be there, tomorrow. And explain my situation. The shop has a good reputation, seems to have a sense of ethos (e.g. fund-raising activities), and after all, customer care is their selling point...

Wish me luck?

RadoJo · 14 October 2008 at 4:28PM

That's cleared it up for me - from your initial post I wasn't sure whether you had gone to a chain store staffed by untrained sales assistants rather than a specialist running shop, which is why I asked whether they offered you specific advice as even if it was someone without training, if they offered you advice, I would have thought that was grounds for considering it to be their 'professional opinion' either way.

From what I now know, I would say that you have grounds for a refund due the shoes not being fit for purpose - if this shop promote themselves as being specialists with expert assistants, then presumably they expect you to take their advice. If you do so, and are told by someone even more specialised in the field that the product they have advised you to buy is inappropriate for the stated purposes for which you bought it, then they have failed to provide you with a product that is fit for purpose.

They may well have a sign saying 'no refunds' but this cannot override your statutory rights. The sticky at the top of this board has all the details of your statutory rights, so that you know which part you are enacting.
I would be tempted to go back and state your case again with reference to the SOGA, and if they still refuse then you could either write to their head office (if they have one) or go back on another busy Saturday and explain the situation again in front of a shop full of customers...?

velogal · 14 October 2008 at 5:00PM

Thank you RadoJo, for your concise and very helpful assessment!

I've just looked up SoGa, and as you say, "Fitness for purpose, s14(3) -- If the buyer expressly or impliedly makes his purpose for the goods known to the seller, the seller is obliged to make sure the goods provided are fit for that purpose, if it is reasonable for the buyer to rely on the seller's expertise" -- this part seems to match my situation.

I'll telephone the shop tomorrow (when the owner is supposed to be in), and report back. Thanks again.

RadoJo · 14 October 2008 at 5:21PM

It was a pleasure - good luck! I'll have my fingers crossed...

velogal · 15 October 2008 at 2:15PM

RadoJo,

Thank you for your advice and for crossing your fingers!

I was wracked with nerves before making the phone call, but I did it.

And after a lot of discussion (along the lines of "but why on earth did you come to a running shop for non-running shoes?", "because the salesperson seemed completely confident that she could find me suitable shoes", etc) and some appealing for pity ("there's nothing in your shop I can use a credit note for -- you only sell running shoes, thermals and climate-proof clothing"), the owner finally said she'll make a special exception in my case. But I have to go into the shop tomorrow when she's there, and she sounded pretty annoyed with me. But yay, I will get my refund

)))

RadoJo · 15 October 2008 at 2:44PM

Good job - a victory for MSE, the SOGA and you!
Glad they relented, although if not you would have had a case to pursue them through more official channels. However, that kind of thing can take over your life so it's a good outcome all round - congrats! ;-)

Any chance of getting a refund? Please Help!

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