help with returning shoes to shop

Pollycat

Flyboy152 wrote: »

The attitude of the five year old is irrelevant and ultimately she is still a five year old and is not expected to know if shoes don't fit properly. The expert in the store is however.

The mother allowed the attitude of the 5 year old to become relevant when she decided to opt for the reorder instead of taking the refund offered - because

lauragti wrote: »

my daughter wanted the shoes

Flyboy152 wrote: »

Because the expert in the shop told her that they fit.

But was it really an expert in the shop?

Was it a shop that properly measures childrens feet or was it just a Jonathon James type shop that doesn't generally employ people who know a lot about children's feet?

Pollycat

Flyboy152 wrote: »

It doesn't matter if you need one or not, if one has told you that it fits, they have taken the responsibility to accept any liability if that advice is incorrect.

Can you post the link to that piece of legislation, please.

I find it hard to believe that if I cram myself into a size 8 dress when I'm really a size 12 and the assistant say's 'Oooh, suits you, madam', I would be entitled to a refund because it doesn't fit.

alistair.long

Pollycat wrote: »

Can you post the link to that piece of legislation, please.

I find it hard to believe that if I cram myself into a size 8 dress when I'm really a size 12 and the assistant say's 'Oooh, suits you, madam', I would be entitled to a refund because it doesn't fit.

The shop attendant is trained and therefore must be deemed as a expert compared to the person who buys 1 pair in a few months.

If a expert says its right, then a individual cannot really question it.

alistair.long

As for a refund, there is a case under the Sales of Goods Act, in that the item was not fit for purpose. and as the shop donot have the correct size then why do you have to settle with a voucher.

It is a little tricky in what to do.
The easiest way would be to goto the shop and ask for a refund as the item was not fit for purpose. but they may refuse as they dont want to loose money.

You can write to head office and inform them of the situation and under Sales of Goods act as amended you want the correct size or a full refund, and not a credit note.

This is not advised, to get a credit note and then chase there main headoffice for the exchange of a credit note into a voucher.

Pollycat

alistair.long wrote: »

The shop attendant is trained and therefore must be deemed as a expert compared to the person who buys 1 pair in a few months.

If a expert says its right, then a individual cannot really question it.

The point I am making is that not all shoe shops have trained staff.
In fact, the majority don't.

So I disagree that the shop attendant is trained and is therefore deemed an expert.

If it was a Clarks shoe shop, then yes, there should be someone who is trained and should be deemed as an expert.

If, however, it was just an ordinary shoe shop, it is very unlikely that there would be someone there who is trained to fit childrens shoes.
Most of these ordinary shoe shops do not have the equipment to measure the correct fit and width.

The OP hasn't said which shop she bought the shoes from.

Flyboy152

Pollycat wrote: »

The point I am making is that not all shoe shops have trained staff.
In fact, the majority don't.

So I disagree that the shop attendant is trained and is therefore deemed an expert.

If it was a Clarks shoe shop, then yes, there should be someone who is trained and should be deemed as an expert.

If, however, it was just an ordinary shoe shop, it is very unlikely that there would be someone there who is trained to fit childrens shoes.
Most of these ordinary shoe shops do not have the equipment to measure the correct fit and width.

The OP hasn't said which shop she bought the shoes from.

That is the business's problem, not the consumer's.


Any business that sells any goods is considered to the "expert." The consumer is not expected to establish the qualifications of the seller before buying.

arcon5

alistair.long wrote: »

As for a refund, there is a case under the Sales of Goods Act, in that the item was not fit for purpose. and as the shop donot have the correct size then why do you have to settle with a voucher.

It would be under not as described -- afterall irrespective of whether they fit ops child or not, they can still be used for their primary purpose, shoes

dcems

Buying kids shoes is slightly different to buying a dress thats 2 sizes too small. Not the best example to give!

Unintentional

Pollycat wrote: »

The point I am making is that not all shoe shops have trained staff.
In fact, the majority don't.

So I disagree that the shop attendant is trained and is therefore deemed an expert.

If it was a Clarks shoe shop, then yes, there should be someone who is trained and should be deemed as an expert.

If, however, it was just an ordinary shoe shop, it is very unlikely that there would be someone there who is trained to fit childrens shoes.
Most of these ordinary shoe shops do not have the equipment to measure the correct fit and width.

The OP hasn't said which shop she bought the shoes from.

If staff in a shoe shop are not trained to fit shoes, it sounds like a pretty rubbish shoe shop to me.

sharpy2010

Pollycat wrote: »

Can you post the link to that piece of legislation, please.

I find it hard to believe that if I cram myself into a size 8 dress when I'm really a size 12 and the assistant say's 'Oooh, suits you, madam', I would be entitled to a refund because it doesn't fit.

Madam!! lol.

Who says "madam" these days!