Refund Entitlement

Henry511

Hi,
My wife bought some boots from a well know online retailer 10 months ago. She's not really worn them and has decided to start wearing them for work.
She's now discovered that one of them sits lower on her calf than the other - it just sags!
She's emailed their customer services to ask for an exchange/refund but they've come back and said:

"Regrettably, as you have had this item 10 months, we are unable to
accept the boots back as a return. Any manufacturers fault should
become apparent within the first 6 months."

Is this right?

thanks,
Henry

Elle7

Yeah, within 6 months the onus in on the retailer to prove that the fault wasn't inherent. After 6 months, you need to prove that it was - which will be very difficult as they are now 10 months old. Do they still look new? If they do (and they should if shes only worn them a few times) you might be able to get an expert report stating that they look like they have only been worn a few times but are sagging, but I'm not sure who you would get to do this for boots.

Did she not try them on when she got them?

sarahg1969

Is it not just because it's looser than the other boot? Because one of her calves is thinner than the other?

Leo2020

Even is she could prove an inherent fault surely she has accepted the goods? The fault sounds like it would have been immediately apparent if she had checked them shortly after receiving them. You have a reasonable amount of time to inspect goods to ensure they conform to contract. After that it is deemed you have accepted them, which in my opinion is the case after 10 months of ownership. At best she might get a partial refund if she can prove an inherent fault, but she wouldn't get a full one.

somethingcorporate

The remedies (assuming the fault can be proved inherent) are refund (partial to take account of use), replacement or repair.