consumer rights on returning boots that aren't waterproof?

buswell

hi there,

i went into cotswolds outdoor shop in Manchester to buy some boots and the boots they fitted and advised me to buy are not waterproof. i've tried them a few times in the rain and they leak after a few hours. for £180 i definitely did not want leaking boots! (otherwise i could have stuck with my old ones).
These the boots are Lowa Munro's (sorry I can paste the link to the website as i've just joined the forum)
and it clearly says here they are "water repellent". So I have defintely been missold a product. (and for reference, the same company does waterproof boots that look the same at the same price same price but described as "waterproof"!)

when I was in the shop I had my feet measured up and tried on loads of pairs of boots. None felt like they fit. there was only one last boot I was recommended to try (a Meindl burma) but they didnt have that in stock (although many other shops in Manchester would have). as I was about to leave the assistant brought out one last boot for me to try, they fitted really well. Then just as I was about to buy them the sales assistant told me that because they are not goretex lined i have to really take care of the leather. I told the assitant that I only wanted goretex boots because I need waterproof boots, and was told that the boots were waterproof.

do I have any consumer rights for this?

I'm going to take the boots back next week and try and get a refund or store credit for some boots that are actually waterproof. also I spent about £1000 in total at cotswolds in the week when I bought the boots (for a big camping trip), if that would help me in anyway.

Thanks for your help,
Buswell

wealdroam

Welcome to the forums Buswell.

Here is a link to Cotswold Outdoor's webpage...
http://www.cotswoldoutdoor.com/index.cfm/product/munro/fuseaction/products.detail/code/32110371?cm_mmc=Google-_-GoogleBase-_-GoogleBase-_-32110371

That description says "2.4mm thick seamless water repellent Nubuck leather upper".

You appear to have asked for waterproof boots but been sold water repellant ones.

On the face of it, and with just that information, you appear to have been sold something different to that which you requested.

Most boots that I have seen, especially in this price range, usually come in a box with all sorts of writing on it.
Did you see/get a box?
What does it say on it?

If you relied on the assertion of the salesman/woman that they were waterproof and they are not, then clearly you have been mis-sold.

Yes, you do have consumer rights.

You may also have a problem if the store deny telling you they were waterproof.

Go back to the store and state calmly and politely that they have sold you water repellant boots when you asked for waterproof boots.

The fact that you have spent a lot of money there recently may encourage them to help you, but you may not have an easy time.

What is the relevance of other shops stocking or not stocking other boots?

Optimist

These boots just have a leather upper without a Gortex or equivalent liner I would only expect them to be water resistant rather than water proof.
If as Wealdroam says they were sold as waterproof take them back although you may have a fight on your hands but stick to your guns politely. Some people actually prefer these type of boot as the feet don't sweat as much. Otherwise you might wish to try something like Nikwax to waterproof them.

buswell

thanks so much Optimist & wealdroam. Thats already cleared some stuff up (i didnt expect this forum to be so good that people could even talk about the type of boots ;^) )

@wealdroam - the box says nothing. its a generic box with the lowa brand name on and a sticker saying the type of boot. inside there is just a generic "caring for your boot" manual. so there is no way I could have known they were water resistant (unless i distrusted everything the salesman said and did my own research, which would defeat the point of buying from a high street shop).

judging from my previous items bought from cotswolds all being top of the range waterproof coats, dry bags, tents and bags with waterproof bag covers, it should be obvious that i would want waterproof boots! (in this country i can see no reason why you would want anything else).

the significance of cotswolds not stocking the meindl burmas is that i was just about to leave the shop to go and try them on in a different store when the cotswolds staff brought me these water resistant boots. it makes me think it was a trick to get me to buy something.

@optimist - thats exactly what i said to the sales assistant! it's only leather not goretex, and was assured that "goretex is for people that dont care for their boots.... if you spend the time cleaning your boots after every walk and caring for them they will stay waterproof for a long time"
obviously now i feel a fool for trusting anything a sales person tells me!

i will try and take them back tomorrow based on that. specifically, on consumer rights law, is it the "fit for purpose" part of the consumer rights law/act? (again sorry i cant link to this)
am I foolish not to have recorded everything the sales person said?

thanks for your help, buswell

wealdroam

buswell wrote: »

judging from my previous items bought from cotswolds all being top of the range waterproof coats, dry bags, tents and bags with waterproof bag covers, it should be obvious that i would want waterproof boots! (in this country i can see no reason why you would want anything else).

Well Optimist gave you a reason...

Optimist wrote: »

Some people actually prefer these type of boot as the feet don't sweat as much.

buswell wrote: »

the significance of cotswolds not stocking the meindl burmas is that i was just about to leave the shop to go and try them on in a different store when the cotswolds staff brought me these water resistant boots. it makes me think it was a trick to get me to buy something.

Not a trick, it's their job to try and sell you something.

buswell wrote: »

i will try and take them back tomorrow based on that. specifically, on consumer rights law, is it the "fit for purpose" part of the consumer rights law/act? (again sorry i cant link to this)

Have a read of MSE's Consumer Rights article before you go.
Lots of good stuff in there.

buswell wrote: »

am I foolish not to have recorded everything the sales person said?

Don't be silly.
That's not what I meant, and you know it.
But if they deny telling you they were waterproof, what can you do about it?
Take them to court I suppose, but will you win?

buswell

quick update on this story. I also posted this same topic on the forum outdoormagic (a hiking forum). and at the end of loads of people advising/insulting me i had the manager of that cotswolds shop offer to replace my boots for me!
I went into Cotswolds the other day and am now wearing a brand new pair of goretex lined Lowa boots (the same as the Munro's but named Stirling).
Also they let me try on some Meindl boots and said it would cost me no more if I decided I wanted them instead. Also they threw in a load of nikwax boot care stuff (several small bottles of the stuff), a brush for cleaning and a pair of walking socks.

All in all I would say that was pretty awesome service! luckily I didnt have to resort to any of the consumer rights advice that I always read this forum for.

Cheers,
Buswell