Shoes Faulty, returned without the original box???

derrick

JamesJ35mm wrote: »

It was about 9 or 10 days after delivery? When I spoke to the guy on the phone he just said to 'send them back and they'd see what they could do' he did actually offer a refund.

Flyboy152 wrote: »

This is actually very important, was it nine, or was it ten days and what was the actual date of delivery and what was the date you called them to report the fault?

Thing is, if you are referring to DSR, unless stated somewhere that they will accept return/refund under DSR by phone, you are supposed to state in writing in a durable form,(email counts), of your intention to return under DSR and make it clear you want to use DSR.

There is no mention in the OP of DSR being mentioned.


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JamesJ35mm

The shoes were delivered on the 23rd of July, I called them on the 1st of August to inform them of the fault.

The shoes were originally £325 but I got them in the sale for £243.75 - does that make any difference?

derrick

JamesJ35mm wrote: »

The shoes were delivered on the 23rd of July, I called them on the 1st of August to inform them of the fault.

The shoes were originally £325 but I got them in the sale for £243.75 - does that make any difference?

You where within the 7 working days beginning the day after delivery to comply with DSR, but as per my post above did you inform them you wanted to return under DSR and is there somewhere that says they accept a phone call for this procedure? If not and you did not inform in writing,(including email), then DSR will not apply and you will be looking at the SoGA.


The fact they where in a sale makes no difference to the regulations.

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vax2002

How did you pay ? credit card ?

JamesJ35mm

Debit Card!

JamesJ35mm

derrick wrote: »

You where within the 7 working days beginning the day after delivery to comply with DSR, but as per my post above did you inform them you wanted to return under DSR and is there somewhere that says they accept a phone call for this procedure? If not and you did not inform in writing,(including email), then DSR will not apply and you will be looking at the SoGA.


The fact they where in a sale makes no difference to the regulations.

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No I only spoke to them on the phone, the returns form on their site had a tick box to confirm I was returning all original packaging - which I wasn't.

Equaliser123

JamesJ35mm wrote: »

No I only spoke to them on the phone, the returns form on their site had a tick box to confirm I was returning all original packaging - which I wasn't.

Doesn't matter. The shoes were rejected under SOGA. It was the first time they were worn and would not have been 'accepted' thus entitling OP to a refund.

Flyboy152

derrick wrote: »

You where within the 7 working days beginning the day after delivery to comply with DSR, but as per my post above did you inform them you wanted to return under DSR and is there somewhere that says they accept a phone call for this procedure? If not and you did not inform in writing,(including email), then DSR will not apply and you will be looking at the SoGA.


The fact they where in a sale makes no difference to the regulations.

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That would depend on how they communicated their obligations under the Distance Selling Regulations to the buyer. They have a duty to tell the buyer, in writing, what the consumer's rights are. If they don't the buyer has three months to reject the item, under the regulations.