Faulty boots but Topshop won't refund me

Firemunchkin

I bought a pair of boots by Office in the flagship Topshop in Oxford Street, London in October 2012. By January 2013 the soles of the boots had split completely in two. I returned them and got a replacement pair.

I wore the boots a bit before the weather warmed up and then we had a gorgeous summer, so no need to wear boots!

When I start wearing the boots again this winter, the soles split in two. I tried to return them to a store but was told that it was outside of their 6 month guarantee on products. I called the Head Office and was told the same thing.

I am furious about this - it is entirely unreasonable for them to only give 6 months guarantee on products, especially when I would not have been able to find out the boots were faulty during the immediate six month period after getting the replacement boots. The boots are clearly faulty and I should be able to get my money back.

:mad:

If this is the line the HQ are taking, then what chance have I got of getting my money back? It's ridiculous to sue for only £65 but I don't feel I should give up as there is a principle at stake.

Help please?!

wealdroam

Why are you relying on the guarantee?

Under The Sale of Goods Act, if the goods are inherently faulty, then the shop must provide a remedy.

Unfortunately, after six months the shop can ask you to prove they are inherently faulty.

Have a read of MSE's Consumer Rights guide for further detail.

InsideInsurance

You are not entitled to your money back, if you can show they are inherently faulty they have to repair, replace or refund. You can specify which you prefer but it is their choice. Even if they do refund they are entitled to deduct for fair use and so you'd only get a partial

meer53

Are the soles leather ? Possibly not for £65, but if they are and have been left, then leather has a tendency to crack.

cattie

As meer53 mentions, leather soles do have a tendency to crack, so if the soles in question are leather, then I think you might just have to accept that all you can do is take them to a shoe repair place & ask them to put new soles on for you.

Firemunchkin

Thanks for the advice everyone!

So - they're not repairable according to Timpsons. The split is too fundamental to the shoe.

They are leather, but I have other leather shoes and boots and none have ever split like this when using them in the weather for which they are intended. I do not think these are fit for purpose at all.

When I spoke to TopShop I said they were faulty and they said they don't do anything about faulty goods after six months. Despite the fact that I would not have been able to wear them for most of the year due to the warmer weather.

I have read the consumer rights guide, but would appreciate some help in working out how to get TopShop to reimburse me for these quite clearly faulty boots.

What is my next step? In person and on the phone nobody at TopShop seems willing to budge. Is there another way to deal with this? Would writing to their head office work do you think?

Thanks again!

marliepanda

You need to get an independent report stating that the fault is inherent, as you must prove it as it's past 6 months. If it shows they were inherently faulty then topshop will reimburse the report cost

bod1467

marliepanda wrote: »

If it shows they were inherently faulty then topshop will reimburse the report cost

Or if they don't (or won't offer ANY remedy) then you take them to court and include the report cost in your claim. (As well as other out-of-pocket expenses, and your (reasonable) time spent seeking a resolution charged at £18 per hour, which I believe is the standard court-approved rate).

LilElvis

bod1467 wrote: »

Or if they don't (or won't offer ANY remedy) then you take them to court and include the report cost in your claim. (As well as other out-of-pocket expenses, and your (reasonable) time spent seeking a resolution charged at £18 per hour, which I believe is the standard court-approved rate).

Total overkill, unless you really, really want to make a point. I would go for contacting the Head Office and try to get something back. In the meantime get to the sales and buy a better quality pair with a good discount.

hollydays

LilElvis wrote: »

Total overkill, unless you really, really want to make a point. I would go for contacting the Head Office and try to get something back. In the meantime get to the sales and buy a better quality pair with a good discount.

She's already contacted the head office

LilElvis

hollydays wrote: »

She's already contacted the head office

Apologies - using my phone so did not properly review before posting. She had previously called the HO, but is now contemplating writing - presumably in an attempt to correspond with someone more senior.

Have you any constructive advice for her?