Faulty training shoes : refuses to change because I used it

Jessica9_2

Hi all,

I have bought in an Inter Sport shop a pair of asics training shoes two weeks ago. In the first days I did not noticed considerably the default which is only on right foot : something is like broken in the soleplate.
However, I went to the store today with my receipt and they said that they cannot do anything except sent the shoes to the factory for investigator (no exchange and no refund since I have used them).

£60 lost!!!

This is a second time in six months this issue happens to me.

Will a formal complaint may help?

Thanks in advance for your help,

Jessica

jacques_chirac

The retailer is working to remedy the problem - they will get the shoes examined and then (if there is an inherent fault) offer a repair or replacement (more than likely, the latter).

frugal_mike

The sale of goods act has two main phases, pre-acceptance and post-acceptance. Before you accept the goods you can reject if faulty for a full refund. After you accept them the retailer can insist on a repair or replacement.

You have a *reasonable* time to inspect them before acceptance, but if you do anything that is *inconsistent* with the retailers ownership of the goods. Neither of those terms are strictly defined in the sale of goods act, and it will depend on what a reasonable person would decide.

It could certainly be argued that 2 weeks is more than a reasonable time and that wearing the shoes is inconsistent with the sellers ownership, meaning you have accepted the shoes.

In either case the shop has the right to inspect them to see if they are inherently faulty and not misused by you. Given its less than 6 months it will be assumed that they are inherently faulty unless the ship can prove otherwise.

Jessica9_2

jacques_chirac wrote: »

The retailer is working to remedy the problem - they will get the shoes examined and then (if there is an inherent fault) offer a repair or replacement (more than likely, the latter).

No they were ironical and I concluded that was a waste of time and left with the shoes.

Themselves they told there was nearly 0% of chance that the factory will accept that something is wrong with the shoes since the soleplate are internal and also difficult for common person (like us) to check.

Jessica9_2

frugal_mike wrote: »

The sale of goods act has two main phases, pre-acceptance and post-acceptance. Before you accept the goods you can reject if faulty for a full refund. After you accept them the retailer can insist on a repair or replacement.

You have a *reasonable* time to inspect them before acceptance, but if you do anything that is *inconsistent* with the retailers ownership of the goods. Neither of those terms are strictly defined in the sale of goods act, and it will depend on what a reasonable person would decide.

It could certainly be argued that 2 weeks is more than a reasonable time and that wearing the shoes is inconsistent with the sellers ownership, meaning you have accepted the shoes.

In either case the shop has the right to inspect them to see if they are inherently faulty and not misused by you. Given its less than 6 months it will be assumed that they are inherently faulty unless the ship can prove otherwise.

I bought the shoes on 19th July 2013 and on the receipt it is written : "Any returns within 14 days" so I do not see what I have done wrong.

jacques_chirac

Jessica9 wrote: »

No they were ironical and I concluded that was a waste of time and left with the shoes.

Themselves they told there was nearly 0% of chance that the factory will accept that something is wrong with the shoes since the soleplate are internal and also difficult for common person (like us) to check.

You need to give them a chance to remedy the problem. They cannot speak for what the assessor may say.

If you don't want to go through the retailer, contact Asics directly.

Jessica9_2

jacques_chirac wrote: »

If you don't want to go through the retailer, contact Asics directly.

I will prefer this option but will need their contact also.

Bonne soiree a vous Monsieur Le President.

bris

Returns within 14 days are for change of mind purchases, unused and resellable, not for faulty goods. They do have the right to have them inspected.

Jessica9_2

bris wrote: »

Returns within 14 days are for change of mind purchases, unused and resellable, not for faulty goods. They do have the right to have them inspected.

This is what they told me.

frugal_mike

It seems to me that you have nothing to lose by letting them send the shoes for inspection. If you don't agree with their assessment you can consider whether you want to make a claim with the small claims court.

Jessica9_2

frugal_mike wrote: »

It seems to me that you have nothing to lose by letting them send the shoes for inspection. If you don't agree with their assessment you can consider whether you want to make a claim with the small claims court.

I may return the shoes to them tomorrow but I already know the response : however I do not see how I can make a small claim if asics say that 'nothing is faulty'.