Rights regarding returning kids shoes?

linzhead

Hi, hoping someone can clarify what my rights are in this case...

I bought a pair of Clarks 'pre-walker' shoes for my 11 month old son just over 10 weeks ago in the Clarks shop.

I paid by debit card (£24) and got a 'first shoes experience' photo taken instore. I no longer have the receipt, but have this photo, which is dated.

I took them back to the shop today hoping for a replacement pair, as there is a hole in the front of one between the sole and the upper where the stitching has come apart, and the other has a similar hole developing but in a different spot. (I noticed this 8 weeks after buying them but couldn't get to the shop before today)

The manager refused, on the grounds that their store policy is that children should be re-measured for shoes every 6-8 weeks, and at ten weeks after purchase we were, in effect 'out of warranty' (my words). The floor staff measured him for a replacement pair before the manager was involved, and he is now a half size bigger, so she claimed that as he had outgrown them, there was nothing she could do.

She also implied that as I didn't have a receipt this counted against me (though she did agree there is no dispute that I bought those shoes there on that day, as I have the photo they took to prove it!). I've now found my bank statement showing the transaction, which hopefully should count enough as proof of purchase if I need it later?

My feeling is that the shoes are faulty and not fit for purpose, and should be expected to last, intact, for more than 8-10 weeks (regardless of whether or not my son will continue to wear them). Their blurb says that this range are designed for children who crawl and cruise, and my son only started walking last week, after the holes had developed. I can accept that after this time they do look tatty due to reasonable wear and tear, but two big holes?!?Previous clarks first shoes I have had for my other children are still good as new.

So am I right or wrong? Or do I have to accept that 8 weeks is as long as I can reasonably expect shoes to last? (Grrr!)

If I am entitled to a new pair/refund/partial refund etc how best should I go about getting it? Thanks for any replies!

pinkshoes

As they were faulty, then I would insist on a replacement, but as his feet have grown, then is a replacement much use in the same size?

bris

I think the kicker (no pun intended) is that you expect a new pair in a new size, sad as it is to hear but you needed to buy a new pair anyway.

Better prepare your self, the first pair will certainly not be the last.

linzhead

Yeah, good point! They probably would do him for a little while longer in the same size though - I wouldn't have taken him for new shoes just yet unless these had broken.

The lady in the shop said to me that they fit them with 'room to grow', and whilst he wouldn't have a lot of room to grow left, at least with a non-holey pair I could pass them on to someone else/sell them on ebay once he's done with them! *tight-fisted old git emoticon*

ThumbRemote

In general I would say that you are right and they are wrong. I would certainly expect shoes to last longer than 8 weeks, especially Clarks shoes which have a reputation for quality.

However, she appears to be claiming that Clarks shoes should only last 8 weeks, which seems a damning indictment of the quality of the shoes.

In this case I'd write to head office, pointing out that the manager at this branch tells you that Clarks shoes are poor quality, and surely this cannot be right as you'd expect a brand like Clarks to last well. You might get vouchers.

I'd also buy new shoes elsewhere. Brantano will do proper Clarks measurements. They sell Clarks shoes, but have a wider range than just those, so you can select others if you'd prefer.

kitschkitty

Just because they recommend that children should be re-measured for shoes every 6-8 weeks doesn't mean that their children's shoes should only be expected to last/be worn for 8 weeks I find such a claim pretty outrageous to be fair!

Also if they could only replace with the same size, I don't find that unreasonable - because if the OP's child couldn't wear them any more the OP still has the option to give or sell them on to someone else. But refusing to replace is an issue. The holes aren't wear & tear, they are a manufacturing problem with poor stitching.

Out of principal I don't think you should give up on this, no matter if the end result is a repair, refund or replacement (in the original size) you shouldn't end up with basically nothing.

MamaMoo_2

Definitely don't give up on this. It's ridiculous to expect shoes to only last 3 months, especially from such a supposedly reputable company.
I have clarks shoes given to me by my old neighbour whose son had outgrown them. They have been worn by both of my boys and have just been passed onto a friend, still in as new condition.
I even have cheap shoes that I bought for my eldest that my youngest is currently toddling around in, and they too will be passed on.
The size being appropriate now is irrelevant (also, have your son measured somewhere else just in case Clarks are trying to fob you off when he hasn't really grown), the fact is you bought shoes, they're faulty, you have proof of purchase (the photo. Not the usual proof, but still) and unless they can prove the fault was caused by misuse and wasn't inherent, you have a right to a refund, repair or replacement (their choice).
Your statutory rights don't disappear when an item becomes too small. If its faulty, it should be repaired, regardless of whether your son will be using them or not.

linzhead

Thanks for all the replies.

I rang customer services (on the recommendation of the store manager), and they called back today and left me a message saying they'd spoken with the shop, and as the manager said the condition was down to 'wear and tear' and she cant see the shoes over the phone I now have two options:

try a second opinion at another branch, or
send them back to head office.

buoyed by the response on here, i'm going to try a firmer approach with my next nearest store!

bod1467

linzhead wrote: »

buoyed by the response on here, i'm going to try a firmer approach with my next nearest store!

Firm, but polite and friendly. If you go in "all guns blazing" you'll get nowhere.

battleborn

Slightly off topic, do you think I should take a pair of jeans back to the shop, only I have had them for 10 weeks and they seem to have worn some what, I only wear them to go out, surely after 10 weeks they should still be in perfect condition?

Can i get a refund or replacements you reckon, btw i dont have the receipt anymore.

bod1467

In what way have they "worn"? (And before anyone says - yes, I know this is all rhetorical).

- OR -

Stop trolling.