A.s.o.s , my rights?

Hi, im not sure where i should be posting this, i looked on the forums and couldnt see anywhere to ask advice about something ive bought on the net and ask all of you my rights.. so please feel free to move it to a more suitable place and my apologies for putting it here.

I ordered a pair off boots from asos, they arrived no problems, however on my second time off wearing them the heel snapped (making me look a right wally walking round town with a broken heel, thank god i wasnt on my own!) Also on the same boot the buckle came unattached (3 buckles going up the side of them just for show), i only paid £35 for them so wasnt expecting them to last forever but on the 2nd time ive ever worn them i was really dissapointed. Anyway, to save hassle and time i thought id try and superglue them, it worked fine on the strap but the heel still felt unstable, so i contacted asos last nite and explained what had happened and was it possble to replace the boots and i got this reply

'Dear Kate



Thanks for your email



I am very sorry to hear that your heel snapped.


I am sorry to say that due to the fact you have made an inconsistent alteration to these shoes you have accepted the fault.



I am once again very sorry that I am unable to help you further in this matter.



Yours sincerely



James Milton

Customer Care

https://www.asos.com



Fax: 01442 835 850

Address: ASOS Customer Care, Maylands Avenue, Hemel Hempstead, HP2 7DE


Here is what i sent to them last night.......

Original Message
Sent: 20 December 2006 02:55
To: ASOS Customer Care
Subject: Faulty Item


Hi, i recently ordered some brown buckle boots from you, the item was fine on arrival but on the 2nd time off wearing them the heel broke and the middle strap broke off the boot (right foot) , as i stated this was on the 2nd time off wearing them and i wasnt doing anything vigourous or anything that would off caused this except for walking. I have tried to superglue the heel but it doesnt feel secure and i dont want to wear the boots out again and then be stuck with a broken boot again.. the strap has stayed glued on but to be honest im just not happy that came apart so easily, and dont see why i should have to try and superglue them when ive only wore them twice. If possible i would like to return the boots and exchange them for some more. I really like the style of the boots and am hoping it is just a one off with what has happened.
Many thanks'



Can anybody help me, im really peed off as i havent got alot off money and wish id bought them in town now as i wouldve just taken them straight back, the only reason i tried to fix them myself was to save the hassle of sending them back etc and having to wait for them over xmas and n.y. to be returned, you cant even see where i tried to fix it, i wish id kept my mouth shut and not been honest!

Can anyone help me please!!!

(ps im still within the 30 day period to return them if that makes any diff)

Thankyou x
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Comments

  • joshtbh
    joshtbh Posts: 1,410 Forumite
    hi, maybe try to email them back stating your rights under trading standards which are:

    The goods are of satisfactory quality.
    The goods must be fit for their purpose

    and say that you are not happy with the response

    this site might help also:

    http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml
  • skintio
    skintio Posts: 65 Forumite
    hi joshtbh, thanks for that il give it ago..
  • skintio wrote:
    "I am sorry to say that due to the fact you have made an inconsistent alteration to these shoes you have accepted the fault."
    Unfortunately, from a strictly legal point of view this is probably correct. Your rights under the Sale of Goods Act in respect of defects only apply so long as you don't accept the goods, defect and all. An irreversible repair like using superglue is, in my (unqualified) opinion, an act inconsistent with the ownership of the goods reverting to the seller, so you've impliedly accepted the defect.
    Don't let this stop you from making a fuss though because you may still persuade them to back down, just don't go starting proceedings for the small claims court.
  • justevi
    justevi Posts: 378 Forumite
    I would also add that you intend to post the situation all over the web if you dont get satisfaction. Point them in this direction for a start, not worth the custom they will lose!
  • skintio
    skintio Posts: 65 Forumite
    Thanks supernashwan and justevi,

    What a pain in the A**, well it is certainly the last time il be buying from them, i only did it to save hassle (the glue) lol, oh well, looks like im gonna be a hop-a-long for a bit!

    If i dont get anywhere with them i guess my best bet is it to see if a shoe repairers can do anything for them, oh well, thanks again everyone ...
  • shakka
    shakka Posts: 298 Forumite
    I hope you get somewhere with them, it looks to me like they're making excuses to avoid giving you an exchange.
    I bought a dress from Asos in the Summer which I wore twice, washed once and it then came apart at the seams. They offered me a 40% refund due to the wear and tear/enjoyment I'd had from the garment! I wasn't happy with that and told them so, but as they refused to offer me a better deal I accepted it begrudgingly as I felt I had no other option and it was better to get something back rather than nothing. I love Asos clothes but their customer service is pants! Good luck...
  • dbonbon
    dbonbon Posts: 425 Forumite
    Sounds like ASOS need bringing to heel.
    It's not the taking part but the winning that counts.
  • FloFlo
    FloFlo Posts: 32,720 Forumite
    contact trading standards, they're first advice will probably be to contact the company by letter setting out the problem and what you would like i.e full refund. Send it recorded delivery, mention that you are doing this as advised by TS. Then if they don't refund ask trading standards to intervene. You could always say you used the superglue as a temporary measure as you were out and had no other footwear with you.
  • Well hearing your experiences has definately made me think again, I was just looking at their sale stuff and thinking about making a purchase from them for the first time, will give it a miss!
  • MrSaver
    MrSaver Posts: 167 Forumite
    lillydrip wrote:
    Well hearing your experiences has definately made me think again, I was just looking at their sale stuff and thinking about making a purchase from them for the first time, will give it a miss!

    i just want to put in their favour that i have ordered numerous things from them and they have arrived in perfect timing and condition.
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