Am I being unreasonable

hurricanewyn

I just wanted some advice please.

My OH bought my son a new pair of shoes on Friday 14th May, after school. He didn't wear them until Monday 17th. I noticed on Wednesday afternoon (26 May) that the sole is coming away from the upper on one of the shoes. He didn't wear them yesterday and today I took them back to the shop for a refund (with the receipt).

The lady at the customer services desk took one look at them and said "I don't think we can do anything" and went to speak to a manager. She came back and said that as they weren't every-day shoes and as he had worn them to school that what had happened was fair wear & tear and they couldn't offer a refund. I argued back, saying that regardless of the type of shoes, it was reasonable to expect more than 8 days wear from a pair of shoes, but she wouldn't budge.

I had a look in the children's section of the store - the shoes themselves aren't marked formal/dress shoes and are with the rest of the boys shoes. They're not with the occasion-wear or anything like that.

I was really annoyed when I came out of the shop and called consumer direct, who have mailed me a template letter to send to the shop.

Before I send it though, am I being reasonable? My son is 7, almost 8, and is quite tough on shoes. I generally buy cheapish shoes (Supermarket, Deichmann, Next etc rather than clarks as he never gets longer than a term out of them) but have never had a pair last such little time before. He wears them every day for school, but takes them off as soon as he comes in from school and doesn't wear them on weekends at all - trainers or sandals for weekends - but if they weren't for everyday wear (which I wasn't aware of and TBH they don't look all that smart) am I right to expect more than 8 days wear from them??

I'm annoyed about it now, but would appreciate some other opinions, as I don't want to waste my time on something that I'm being unreasonable about.

thanks for getting this far!!

hurricanewyn

These shoes were from BHS if that makes a difference....

escortg3

My son was really hard on shoes at that age, but i always put him in clarks. They have a great returns policy. When he broke one pair i took them back to the shop and they measured his feet again, the policy was if he is the same size they replace them free of charge. If they have increased a size they charged £5.00:T excellent service. he did only ever break one pair, and if measured correctly they should last him a whole school year. September to July.:)

bonty44

I don't think you are being unreasonable and I don't think it makes a difference where you bought them; if the sole has come away after a maximum of 8 days wear at school, then they are not 'fit for purpose' or of 'satisfactory quality'

Quote:
The Sale of Goods Act 1979 (as amended) says that goods should be:

• 
  
• The seller’s to sell.
• Of satisfactory quality - Goods must meet the standards that any reasonable person would expect, taking into account the description, price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods. Satisfactory quality includes the goods' appearance and finish, safety and durability and freedom from defects (including minor faults).
• Fit for purpose - Goods of this type are generally sold for this purpose. They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement.
• As described - Goods should correspond with any description applied to them.
  
  Therefore shoes that have lasted only 8 days are not fit for purpose or of satisfactory quality - none of this nonsense that they are not everyday shoes, you expect people to wear shoes everyday - I would continue to fight. I usually find I get a better response at the weekend in a very busy shop when I demand to see a Manager ...
  

*Louise*

8 days...I would have taken them back as well!

bluenose1

I would have been fuming and asked to see the manager. I always thought BHS was a good shop.
Can't remeber the laws but "fit for purpose" does not apply here. I would ring the shop up and ask to speak to the manager. Ultimately the store manager or their Head Office.
Good luck

a8amg

Ring your trading standards people (part of the council) see what they can do for you.
I know shops, do know the rules, but try it on.... don't let it rest..... take then to court, judges are reasonable people, they will agree with you.

daska

bluenose1 wrote: »

I would have been fuming and asked to see the manager. I always thought BHS was a good shop.
Can't remeber the laws but "fit for purpose" does not apply here. I would ring the shop up and ask to speak to the manager. Ultimately the store manager or their Head Office.
Good luck

If this is correct wouldn't ConsumerDirect have advised the OP that this was the case?

OP - did you have the shoes fitted or just pick them off the shelf? If you had them fitted they usually ask the purpose so that's an additional argument for you to use. (Sorry, don't have a BHS near so I don't know if they do 'fitting'.)

daska

a8amg wrote: »

Ring your trading standards people (part of the council) see what they can do for you.
I know shops, do know the rules, but try it on.... don't let it rest..... take then to court, judges are reasonable people, they will agree with you.

"Consumer Direct is the government-funded telephone and online service offering information and advice on consumer issues. Consumer Direct is funded by the Office of Fair Trading and delivered in partnership with Local Authority Trading Standards Services."

gravitytolls

Contact head office, make a complaint about the shoes and the staff, make the complaint in writing, send it recorded. It's absolutely outrageous to decline to refund for shoes in such a short time.

I would be pointing out that I've used BHS for years, would have recommended them to anyone, wouldn't be in a position to recommend .................branch due to poor customer services. You use BHS because always found them good quality and value for money, until now etc.

mrcow

I agree - call head office and complain. Ask them for a contact name to authorise the return and then take them back to the store in question and get your money back and ask for a refund of your petrol for the extra journey that you are now having to make.

I'm shocked that BHS would be so unhelpful. Sign of the times I guess......