Dr Martens wont offer me a refund. Can I do anything about this?

mwinston

Hi,

This is a long story so bear with me.

I purchased a pair of boots in December 2011 from Dr Martens online. They were worn a few times a week through the winter months and then again through the end of 2012. By January 2013 holes had worn in the boots where the toes bend (they we're made of a waxed cotton). I live and wear them in a city centre - not the Great British Outdoors!

On 30th Jan 2013 I sent an enquiry about the fault. They replied asking for details of where I live and wear the boots and for photographs. I supplied these details and photos and they then asked for the boots to be returned with a covering letter explaining the issues and stated "If we feel it is a manufacturing fault we will replace your footwear. We will contact you if we do not have stock so you can choose another style. If we feel its just wear and tear we will send you your original boots back.".

Once I had returned the boots, they of course told me it was down to wear and tear and offered me a 30% refund and to return the boots. I didn't accept that and detailed all the reasons this was completely ridiculous, not only that they are no longer weather proof.

They then offered me an exchange, but this is where the issue starts. In my covering letter I explained I do not want an exchange, nor are there any other items of stock that I wish to own. They are now saying I could wait until August for their new season stock in the hope that I might find something to exchange my boots for.

I've replied saying you cannot expect me to leave you with the boots and the money for what will have been a total of 6 months. I also asked how I can escalate my issue as I simply want my money back for an item which was clearly not fit for purpose. If I'd worn the boots none stop for a whole year and they were in really bad shape it might be different, but there is hardly any wear on the boots bar the toe.

Can anyone suggest how I can go about getting a full refund?

Thanks a lot,

Mark.

MamaMoo_2

mwinston wrote: »

Hi,

This is a long story so bear with me.

I purchased a pair of boots in December 2011 from Dr Martens online. They were worn a few times a week through the winter months and then again through the end of 2012. By January 2013 holes had worn in the boots where the toes bend (they we're made of a waxed cotton). I live and wear them in a city centre - not the Great British Outdoors!

On 30th Jan 2013 I sent an enquiry about the fault. They replied asking for details of where I live and wear the boots and for photographs. I supplied these details and photos and they then asked for the boots to be returned with a covering letter explaining the issues and stated "If we feel it is a manufacturing fault we will replace your footwear. We will contact you if we do not have stock so you can choose another style. If we feel its just wear and tear we will send you your original boots back.".

Once I had returned the boots, they of course told me it was down to wear and tear and offered me a 30% refund and to return the boots. I didn't accept that and detailed all the reasons this was completely ridiculous, not only that they are no longer weather proof.

They then offered me an exchange, but this is where the issue starts. In my covering letter I explained I do not want an exchange, nor are there any other items of stock that I wish to own. They are now saying I could wait until August for their new season stock in the hope that I might find something to exchange my boots for.

I've replied saying you cannot expect me to leave you with the boots and the money for what will have been a total of 6 months. I also asked how I can escalate my issue as I simply want my money back for an item which was clearly not fit for purpose. If I'd worn the boots none stop for a whole year and they were in really bad shape it might be different, but there is hardly any wear on the boots bar the toe.

Can anyone suggest how I can go about getting a full refund?

Thanks a lot,

Mark.

Right. The legislation that covers this is SOGA. As you accepted the boots in the first instance, any issue afterwards would give Dr Martens 3 choices. They can repair, replace or refund. Whilst you can specify which you'd prefer, the choice is still theirs.
Firstly, they've offered you a 30% refund. Under SOGA, any refund offered can be a reduced refund, taking into account any use you've had out of the product, and therefore will probably not be a full refund.
You didn't like this, so they offered you an exchange. Again, well within their rights.
Unfortunately, due to the length of time you have had these boots, Dr M's could have insisted that you got an independent report to state that the product was inherently faulty before they would communicate with you to offer a remedy. As it is, they did not, which is pretty good CS.
So, to summarise, you have the right to either a repair, replacement or a refund (which may be partial). You have been offered either a partial refund or a replacement.
Your right is to either choose one of these options, or keep your broken boots.
If you took it as far as court, you would not win as Dr M's have offered perfectly acceptable resolutions in the eyes of the law.
You do not have a right to a full refund in this situation.

neilmcl

I personally think that they've been fair in this instance. OP, as explained above, you are not legally entitled to a full refund for footwear you've owned for over a year.

Hintza

mwinston wrote: »

(they we're made of a waxed cotton).

Most proper shoes/boots are made from leather for this very reason. Waxed cotton is hardly the most durable fabric for footwear. Dr marten's are being exceptionally generous, bite their hand off.

bris

To me that's good customer service, I too would bite their hands off. Most places wouldn't have even got past the phone call once it was established they were over a year old.

neilmcl

As an aside, have you seen the price of those boots on their website :eek:

When did DMs become so expensive?

pulliptears

neilmcl wrote: »

As an aside, have you seen the price of those boots on their website :eek:

When did DMs become so expensive?

Mad isn't it? I confess I've always looked for second hand docs because they are always so much nicer when they have been lived in a bit.

In terms on the OP, as others have said snap their hands off.

pimento

Lucky if, like me, you're a child's size (5) then you don't pay VAT.

pinkshoes

Sounds very fair to me.

I have some knee high zip up DMs, wear them daily, and cannot fault them, so worth every penny I paid!

pulliptears

pimento wrote: »

Lucky if, like me, you're a child's size (5) then you don't pay VAT.

Sadly not, adult 7's but on the plus side as it's a common size picking them up second hand is easy

mwinston

Thanks for the reply MamaMoo. Stuck to the point and actually gave me some useful information.

I'll read up on SOGA, but from what you said I may need to accept a credit and wait and see what comes in. What really bothers me is that actually, although Dr M's may have been quite fair (if this is definitely correct) they sold a product which really wasn't fit for purpose. I agree that I shouldn't have bothered buying those boots but's its disappointing none the less.

Thanks.

Mark.