Trainers have caused shin splints, can I return them?

chairmandavey

Well, if the 17 year old assistant doesn't have the qualifications, Sports Direct should not offer the service - it really is as simple as that.

jkkne

To be fair to Sports Direct they do have specially trained shoe staff, I believe they all now have to go through a full onsite training course provided by Nike at Sports Direct HO.

chairmandavey

Well, I sent them an email a few days ago;

Dear Sir/Madam,


I purchased a pair of Nike LunarForever shoes from your Liverpool One store on 07/07/2012, and I am very unhappy with my purchase. I was recommended to purchase a pair of shoes that provide high arch support from an in store machine and sales assistant that 'analysed' my gait. However, once I purchased the item and used them for the first time I experienced pains down the inside of my right lower leg. I tried to use the shoes for a few more runs, but experienced more pain.

After the pain had not subsided for a few days, I went to a walk in centre and spoke to a nurse. She referred me to a foot specialist who informed me that I do not actually have high arches and that the staff member and machine in your store had got it wrong. The fact I was recommended the wrong type of shoes had directly caused my ongoing leg pain. However, when I contacted the store to explain the situation, I was told that I would not be able to return the shoes because I did not have the original packaging - even though the item was 'faulty' in so far as it was incorrectly recommended for my situation. I have previously emailed SportsDirect but I have got no response. I am not satisfied with the service I have received.

I am emailing customer services now because the 28 day return deadline has passed. However, I do not want my money back, but I would like to be able to swap the shoes for some that I can actually use without causing pain. I don't think this is too much to ask, considering I was given false information which resulted in me buying shoes that were not designed for my foot type.

And got this in reply

Thank you for your email,

I was very sorry to read that you were unhappy with your purchase from our Liverpool One store.

All returned items must be returned in exactly the same condition as they were purchased in. All items must have their tags attached and it is also imperative that items have not been worn or marked in any way. This is because every item we accept back must be in a re-saleable condition. And for items of footwear this must include the original box. There are signs throughout the store explaining this.

In the opinion of our store your item was not in a re-saleable condition. Therefore we could not offer to exchange them for you and I apologise for any disappointment this causes.

Kind Regards

Customer Services

Where to go from here? Is there any legislation I could quote to get the ball moving?

Thanks

Ms_Chocaholic

You've just copied the email you sent twice rather than the reply.

bod1467

Nope. I see the reply, and no edit notification either. ???

@OP - looks like you may have to take the legal route. I agree that the analysis and recommendation formed part of the contract of sale. As such analysis was incorrect then they have failed in their duty of care.

I would WRITE to SD head office, a letter titled Letter Before Action (search for templates). In this letter outline the issue, the actions you have taken to resolve it, and what you wish them to do (e.g. refund or replace with a suitable alternative). Advise that they have 14 days to resolve this dispute else you will raise Small Claims Court action (and be prepared to do it!), whereupon they will also be liable for the filing and hearing fees when you win.

Send this letter Recorded signed-for.

The fact that you're prepared to accept a suitable replacement will go heavily in your favour if it actually went to court.

chairmandavey

He, so I sent SD an email and referenced the Sales of Goods Act and the section about the analysis making part of the contract and got this in reply...

We have considered your comments and we do not believe that you have been mis- sold the Nike footwear.

We offer the use of the heat pad monitors in some of our stores to enable our staff to suggest the correct form of shoe however the decision is ultimately the customers responsibility. We do not offer the service which measures gait and running style which could potentially cause injuries.

As we do not believe that you were mis-sold the footwear, we are unable to offer to exchange or refund them for you.

I know I'm being rather petty, but two independent running shops have said that I should not have been sold those shoes now... Is it really worth going down the legal route?

System

If it was me i would just give up. Sports Direct are not caving and if you go the legal route I think there is a good chance you could lose.

The lesson learnt is if you want specialised running shoes pay more and buy from one of the two independent running shops, instead of buying cheap from sports direct!

username9876

|I saw a programme on TV (Panorama, I think) and they said that an american study showed no advantage to having a specialist shoe. Injuries were equally likely regardless of the shoe. They recommended a neutral shoe for all runners.

somethingcorporate

username9876 wrote: »

|I saw a programme on TV (Panorama, I think) and they said that an american study showed no advantage to having a specialist shoe. Injuries were equally likely regardless of the shoe. They recommended a neutral shoe for all runners.

Which was discussed on the first page.

Do keep up!!

Hintza

somethingcorporate wrote: »

Which was discussed on the first page.

Do keep up!!

It still is the first page. You need to sort out your settings.....:p