Returning faulty second-hand boots

mfuw9cn3

Hi

I'm a newbie and wondering if anyone can help me!

About 9 months ago I bought a beautiful pair of name-brand leather boots from a charity shop. They had almost never been worn (but were without tags) and usually retail at about £150 - £200. I paid £40 for them.

I've worn them a fair few times since then, however last week the sole of one shoe has come away from the rest of the shoe. I was quite surprised as they are a well-known brand and are sturdy rather than a flimsy fashion boot. As they are second-hand, I went to the manufacturer directly and asked about an exchange - I conveniently 'forgot' where I bought them just to try and sound them out a bit. The lady informed me that my contract was with the retailer and that I could try sending them back direct to them to be examined, but at most they would only offer me £20 compensation and wouldn't consider an exchange or repair.

I might sound a bit tight as I only paid £40 in the first place, but the reason I bought them was because they are such a good brand and I thought they would last for years - surely that should be the case no matter where I bought them or what I paid for them?! My concern is that if I return them then I might only get £20 back and no boots when I'd rather take my chances with trying to get them repaired. Are they entitled to take back faulty goods I send for examination without my permission? Can I state my preferences for how they deal with the complaint eg. exchange or compensation (to pay for repair) and return of the boots? If anyone can advise me of my legal rights and the best way to approach them, that would be great!

Thanks

wealdroam

The first thing to say is if you deal directly with the manufacturer then they have no statutory obligation to provide any remedy to you.

Anything the manufacturer offers is in addition to your statutory rights and can be as litle, or as much, as they like.

You can of course negotiate with them, just as you can with anyone, but always keep in mind that they do not have to do anything for you.

All your statutory rights lie with whoever sold the boots to you... the charity shop.

The charity shop do have to provide a remedy to you if the boots are inherently faulty.
Maybe just talking to them would get you a refund or even a repair... who knows.

Remember though that if the shop want to stick to the letter of the law, they are entitled to ask you to prove that the goods were faulty at the point of sale (but the fault wasn't necessarily apparent at that time).
They can of course also ask for proof of purchase, e.g. a receipt.

Zandoni

Might be worth checking that they are genuine, might be some cheap copy.

arcon5

Also worth adding that the retailer can opt to refund for which they can deduct an amount proportionate to the use you have had. With them being purchased second hand £20 refund may well be fair.

If I was you I would ask for the £20 goodwill gesture off the manufacturer and keep the boots (if they would let you) then see if you can have them repaired locally.

bod1467

Zandoni wrote: »

Might be worth checking that they are genuine, might be some cheap copy.

^^^ This ^^^

Especially if they had no tags on them.

Hintza

9 months later and second hand boots of indeterminate age I would say you are due nothing. Sorry.

I had a pair of trainers which I hadn't worn for years (little use) and the sole collapsed in to a heap of crumb the first time I put them on.

mfuw9cn3

Thanks for your replies everyone.

I think I will just suck it up and take them to be repaired. With paying for postage it hardly seems worth my while sending them back to the manufacturer. I don't think they're fakes though - they are a good brand but not so well-known that I think there'd be a market for copies, they're a bit more niche than that.

Out of interest, wealdroam said that the shop may ask a customer to prove that the goods were faulty at the time of purchase. What does that mean if I had bought them new? I would have thought that if a brand-new pair of boots lasted less than 9 months then they are clearly faulty - what would I have to prove in this case? I'm asking hypothetically now as I'm just going to get them fixed, but am interested in how it would work if I had bought them new, full price and the same thing had happened.

Thanks for your help!

zoob

About 9 months ago I bought a beautiful pair of name-brand leather boots from a charity shop. They had almost never been worn (but were without tags) and usually retail at about £150 - £200. I paid £40 for them.

Second hand goods don't have a normal warranty like new products, any rights to a normal guarantee would be with the original person who bought then new from a retailer.
These boots could be quite old from new, we just don't know.

Equaliser123

zoob wrote: »

Second hand goods don't have a normal warranty like new products, any rights to a normal guarantee would be with the original person who bought then new from a retailer.
These boots could be quite old from new, we just don't know.

Sorry but that is confusing. If bought from a business, the implied warranties of the Sale of Goods Act will still apply.

Its true that a manufacturers guarantee may stay with the original owner, but I would be inclined to argue that, depending on express provisions preventing assignment, it has been assigned with the goods themselves.

somethingcorporate

mfuw9cn3 wrote: »

Thanks for your replies everyone.

I think I will just suck it up and take them to be repaired. With paying for postage it hardly seems worth my while sending them back to the manufacturer. I don't think they're fakes though - they are a good brand but not so well-known that I think there'd be a market for copies, they're a bit more niche than that.

Out of interest, wealdroam said that the shop may ask a customer to prove that the goods were faulty at the time of purchase. What does that mean if I had bought them new? I would have thought that if a brand-new pair of boots lasted less than 9 months then they are clearly faulty - what would I have to prove in this case? I'm asking hypothetically now as I'm just going to get them fixed, but am interested in how it would work if I had bought them new, full price and the same thing had happened.

Thanks for your help!

Have a peak through the FAQs at the top of the forum.

At 6 months the onus switches from the retailer to the consumer to prove that the fault was present at the time of purchase.