help with returning shoes to shop

Flyboy152

Pollycat wrote: »

Your example is silly.
Primark do sell underpants (and shoes), I doubt you'd be able to buy a car from WHSmith.

I'm not sure I would trust a car salesman to tell me what oil I need to put in the engine.
I'd do my own research.

It doesn't matter if you do your research, the average consumer may not and therefore accepts the advice given by the person selling the goods. The car, WH Smith and the oil are irrelevant (the whole point of analogies), the point is, if someone sets up a business to sell something and gives advice on the use and suitability of the goods, they have entered into a contract with the buyer to give sound advice, where the one giving the advice has the duty of care toward they one they are advising. If that advice later proves to be incorrect and causes any damage or loss, then the consumer may have right to recourse.

Pollycat

Flyboy152 wrote: »

I think you are missing the point. There is no legislation that says:

The Shoe Fitting Experts Act 2001 section 14,

1.
a) any shop assistant that gives incorrect advice will go to prison for fifteen years.

It's about logic and common sense.

I knew there wasn't legislation.
So who is going to determine between the sales assistant and the OP who is in the right if it's just 'logic and common sense'?
It would have been common sense for the Mum to check personally if the shoes really did fit.

Perhaps I am, I wasn't aware there was a requirement to know them all.
As you admit you're perhaps clueless about high street shoe shops, maybe its not clever to post about them.

And how is the consumer expected to know this? By the very fact that it is shoe shop, surely gives one the impression that they would get some advice on the fitting of shoes. In fact the shop assitant did give advice on the fitting of shoes, but as it turned out, that advice was at fault.
It doesn't give me the impression that all high street shoe shops would give advice on shoe fitting.
But then again, I'm not clueless about high street shoe shops and the service they offer.

Again, not the fault of the consumer. How is the consumer supposed to know this? Was there an announcement at some point, of which we should have taken heed?
Maybe the consumer could ask an assistant if they offer specialised shoe fitters - now that's an innovative idea.

If someone sells shoes and they give advice on the fitting of those shoes, how is the consumer supposed to know the one giving the advice doesn't know what they are talking about? Are there signs on the walls or leaflets given out, is there someone who stands at the entrance warning shoppers that any advice given is personal opinion and has nothing to do with the company who own the store? Extreme, I know, but without any prior indication that the advice given is not to be trusted, how can anyone guess that it is or isn't erronious?
Yes, very extreme.
Your lack of knowledge and experience of high street shoe shops is clear.
I suggest you take a walk into Shoe Zone or Jonathon James or similar shop to see what sort of shop they are and see if you think you would get advice on specialist fitting of children's shoes

Until then, you're talking about something you are clueless about.

Pollycat

Flyboy152 wrote: »

It doesn't matter if you do your research, the average consumer may not and therefore accepts the advice given by the person selling the goods. The car, WH Smith and the oil are irrelevant (the whole point of analogies), the point is, if someone sets up a business to sell something and gives advice on the use and suitability of the goods, they have entered into a contract with the buyer to give sound advice, where the one giving the advice has the duty of care toward they one they are advising. If that advice later proves to be incorrect and causes any damage or loss, then the consumer may have right to recourse.

Please post a link to that legislation.

bod1467