clarks school shoes not faulty but think badly fitted?

weesie81

My 11 year old daughter's school shoes were bought from Clarks outlet in August costing £29.99 she was sized and fitted by a young man who said she was going into an adult 5.5 and they had almost no school shoes to choose from in her size so i think some of the selection he brought were from the ladies section.

She chose a pair he checked them said they were fine for her and now after being worn daily (only for school) her feet are slipping right out the back and they seem too wide for her gaping at the sides too.
Do we have any comeback with these or will I just have to buy her new ones?
Generally I buy them one pair of shoes for the school year and they do last, my other 2 children got shoes at the same time and they are still fine?
Don't want an argument but expected her to get more than a term out of them...

daytona0

The key question is, has this issue developed over the course of time or was it inherent at the time of purchase?

- If developed over course of time then you should potentially re-consider classing it as faulty or not fit for purpose and thus going down the Sales of Goods Act route

- If this was the same size as when purchased then irrespective of what some guy told you in a store, you decided to complete the purchase so the responsibility would be on you. Your first paragraph is effectively a moot point because ultimately you made the purchase with the information at hand.


Also, have you or your daughter been negligent in your treatment of the shoes? If so then nothing is owed. If not, then refer to the first point above.


One practical solution, assuming your daughter's feet are growing and not shrinking, would be to pad out the shoe using some sort of padding material. In the colder season an extra pair of socks as padding wouldn't go amiss either... (or is that too simple a solution?)

ThumbRemote

daytona0 wrote: »

- If this was the same size as when purchased then irrespective of what some guy told you in a store, you decided to complete the purchase so the responsibility would be on you. Your first paragraph is effectively a moot point because ultimately you made the purchase with the information at hand.

If the daughters feet were measured, the salesman wrongly said a size 5.5 was correct, and OP bought shoes on this basis, the fault lies entirely with the retailer. The shoes were mis-sold and OP should be entitled to a refund (although it's unlikely they can prove what they were told).

On the other hand, if the daughter tried on the shoes in store and then OP bought them, the fault lies with the parent.

(Choosing to complete a transaction based on what you've been told by a salesman does not in any way shift responsibility, as your post seem to suggest).

daytona0

ThumbRemote wrote: »

If the daughters feet were measured, the salesman wrongly said a size 5.5 was correct, and OP bought shoes on this basis, the fault lies entirely with the retailer. The shoes were mis-sold and OP should be entitled to a refund (although it's unlikely they can prove what they were told).

On the other hand, if the daughter tried on the shoes in store and then OP bought them, the fault lies with the parent.

(Choosing to complete a transaction based on what you've been told by a salesman does not in any way shift responsibility, as your post seem to suggest).

"going into a size 5.5" was the exact wording, which seems to suggest that this was not the true size and that the salesman was compensating for the fact that children grow into shoes.

That is the basis for which OP bought the shoes, not on the basis of size 5.5 being correct as you suggest. Therefore, the child is 99.99% likely to fit the definition "going into a size 5.5" even if the salesman was grossly wide of the true current size (for example size 3 or something stupid like that). By the sounds of things the child is probably a size 4.5 and it is probably much easier to simply pad it out a bit or use thick socks than to argue the (possible) toss against the retailer. Besides, unless the child has stopped growing then they'll get more use out of the shoes in the long run and theoretically save money with this approach.


I would agree though were it the case that salesman said "she needs size 5.5" and the proposed size 5.5 shoe didn't fit. But it is just not an exact science and the specific wording used highlights that

weesie81

Thanks for the replies :-)
Shoes have not been mis-treated in any way.
They are worn daily for school hours only.

I did question her size at the time as it seemed a jump in sizes from the last time but as I buy them once a year I assumed she had just had a growth spurt as she has shot up in height this year.

I did not question or double check the fitting myself after he gave the shoes she chose the ok as I have never done this before.

Wearing extra socks would not really work as she has to wear black tights for school.

The shoes are not burst or poor quality they just seem too big for her in every way and are like flip flops on her now.

daytona0

weesie81 wrote: »

Thanks for the replies :-)
Shoes have not been mis-treated in any way.
They are worn daily for school hours only.

I did question her size at the time as it seemed a jump in sizes from the last time but as I buy them once a year I assumed she had just had a growth spurt as she has shot up in height this year.

I did not question or double check the fitting myself after he gave the shoes she chose the ok as I have never done this before.

Wearing extra socks would not really work as she has to wear black tights for school.

The shoes are not burst or poor quality they just seem too big for her in every way and are like flip flops on her now.

I would speak to the retailer and explain the situation to see what they can advise. They might have a returns policy or they might even just allow a return of the shoes

Alternatively, if you aren't able to pad them out in any way, try considering;

- Selling the shoes for a small loss (to other parents etc)

- Buy a new, smaller pair of shoes and basically store the ones you currently have for when your daughter grows a bit more

rach_k

If you can easily see they're too big for her now, couldn't you see that at the time? I'm not suggesting that you shouldn't have trusted the salesperson but how could you not see the shoes were far too big then if you can now? It is possible the shoes have stretched?

I would go back and ask them to check the fit of the shoes now - they do this all the time and they are always honest with us i.e. most of the time they say we don't need to buy new shoes yet. If they say the shoes are too big, tell them that you bought them from there and she was fitted by somebody there and ask what they can do about it. Ask for a manager's opinion if they don't offer anything. They may offer to swap them (if you're lucky!) or perhaps they could give you some insoles to make them fit, but do make sure they check the fit properly with them in to see if it's a proper solution. You could also ask if they still have the same style and compare the new shoes to the ones you have to see if they have stretched unusually, which would seem to be a fault IMO.

If you expect your daughter's feet to grow some more, I wouldn't see it as a complete waste if they don't offer new shoes. She will probably grow into them after all, but I would be expecting suggestions for how to make them work or discount off a new pair.

peachyprice

weesie81 wrote: »

The shoes are not burst or poor quality they just seem too big for her in every way and are like flip flops on her now.

You say they're like flip flops 'now' implying they perhaps they weren't when she got them? Have they got wet and stretched over time?

Regarding Clarks ladies sizing, that does seem to be up the wall, my daughter has some ladies Clarkes for school which are a size 5.5, they are too small for me and I am a size 5, so they are probably a 4.5.

meer53

Adults shoes are never going to fit an 11 year old properly. I wouldn't have bought them. I would have gone to another shop.

I would go back to the shop and explain that you were advised to buy these by the fitter but feel they aren't suitable. I wouldn't have thought you would have a problem. Clarks are usually quite good with stuff like this.

sulphate

I used to work for a national shoe retailer (not Clarks) and if a parent brought back some shoes that were obviously much too big for the child a month later, that had been fitted by an assistant, they would be given a refund and an apology.

Hopefully Clarks should do the same.

The only thing is that when I worked in the shop, there were people who bought ill-fitting shoes for their child against our advice, or bought shoes without them being fitted, but we used to write on the receipt if this was the case.

I am also surprised that an 11 year old would fit a 5.5.

weesie81

Update I went along to Clarks today and they were so helpful.
I explained I did not want a refund just another pair of shoes... they could see them slipping off her when she walked and re-measured her and yes she is still measuring 5.5f !!
This time she had her choice of 6 pairs of actual school shoes from the childrens section.
The pair she chose were £23.99 and they refunded £3 to me!

The man also thought the shoes had stretched too much in all ways but he did say they were ladies pumps and not an actual school shoe design but he gave me no bother and exchanged with no problems, the customer service was great.
Thanks again for all your help.