Sales of Goods Act

KittyBandit

I purchased some boots online and received them on thursday, wore them on friday, they were fine, saturday, they were fine, and sunday, however by early evening they had started sagging down and pressing on my ankle, I rang up the company to return them under the Sales of goods act, as they were not as expected and they are claiming that because id wore them there needs to be a fault. I dont know whether they will see the sagging as a fault. I have tried to explain to them that they hadnt lasted a long enough time, however Im getting snobby sales assistants who tell me they need to "deem" there was a fault to refund me my money, however I know they have to prove that they boots were " fit for purpose " and lasted a reasonable time. They are unwilling to refund me my money unless there was a defect..I tried all the spiel, to no avail. What should I do next. Never using this company again..

LilElvis

KittyBandit wrote: »

I purchased some boots online and received them on thursday, wore them on friday, they were fine, saturday, they were fine, and sunday, however by early evening they had started sagging down and pressing on my ankle, I rang up the company to return them under the Sales of goods act, as they were not as expected and they are claiming that because id wore them there needs to be a fault. I dont know whether they will see the sagging as a fault. I have tried to explain to them that they hadnt lasted a long enough time, however Im getting snobby sales assistants who tell me they need to "deem" there was a fault to refund me my money, however I know they have to prove that they boots were " fit for purpose " and lasted a reasonable time. They are unwilling to refund me my money unless there was a defect..I tried all the spiel, to no avail. What should I do next. Never using this company again..

The company haven't done anything wrong as the boots aren't faulty, they just sag because they don't fit you properly in the calf. Tuck your trousers in to stop them rubbing your ankles or buy a pair like this: http://www.hobbs.co.uk/product/display?productID=0214-AT08-007H025&productvarid=0214-AT08-007H025-BLACK-41&refpage=shoes-boots/boots I'm wearing a pair now and they still look and feel as good now as when I purchased them a year ago.

KittyBandit

thats the thing, the zip is mishaped! bending inwards... A zip cant get mishaped in 4 days... on both boots!

JJ_Egan

Nope the onus is not on you but them to prove or disproof in the first six months .
They need to inspect the product to see if their is a fault obviously .
Not sure what you are claiming > not as expected is not as described .
What are you exactly returning the boots for not as described ( return without using ) not fit for purpose or faulty .
Contact the company via letter stating you wish to return the boots under SOGA because ??

LilElvis

KittyBandit wrote: »

thats the thing, the zip is mishaped! bending inwards... A zip cant get mishaped in 4 days... on both boots!

The zip is pressing inward because the leather is buckling. It's buckling because they don't fit properly in the calf.

KittyBandit

LilElvis wrote: »

The zip is pressing inward because the leather is buckling. It's buckling because they don't fit properly in the calf.

They are thigh high boots (tasteful may i add:)) ... they are obivously going to crease and bend as I sit, drive, walk they are very long... and buckling after 4 day yes ok after a few months of continuous wear but not 4 days!!! ???

LilElvis

KittyBandit wrote: »

They are thigh high boots (tasteful may i add:)) ... they are obivously going to crease and bend as I sit, drive, walk they are very long... and buckling after 4 day yes ok after a few months of continuous wear but not 4 days!!! ???

So return them as faulty, but be prepared that they are likely to say that softening and creasing of the leather is a natural characteristic of the material and that they are, therefore, not faulty.

KittyBandit

LilElvis wrote: »

So return them as faulty, but be prepared that they are likely to say that softening and creasing of the leather is a natural characteristic of the material and that they are, therefore, not faulty.

Is the zip itself supposed to bend out of shape too??? because the leather is fine not much creasing to it, its the zip thats curved now! out of curiosity do you work in the shoe industry?

LilElvis

KittyBandit wrote: »

Is the zip itself supposed to bend out of shape too??? because the leather is fine not much creasing to it, its the zip thats curved now! out of curiosity do you work in the shoe industry?

No, though I do own somewhere in the region of 150 pairs of shoes and boots so I have a lot of footwear experience

I don't understand how the zip itself is misshapen. It is 2 strips of fabric with plastic or metal teeth, so by nature it will not be rigid.

KittyBandit

Its a rigid zip... not sure how to describe it.. Im rubbish at describing things..... sorry.. i thought i could just be able to change the bend when it pressed.. but I just make one step and the zip goes back to that shape... I also noticed that the leather around the zip has started kinda wrinking around the zip like when something shrinks.. I have pictures... If you wanna see..

LilElvis

KittyBandit wrote: »

Its a rigid zip... not sure how to describe it.. Im rubbish at describing things..... sorry.. i thought i could just be able to change the bend when it pressed.. but I just make one step and the zip goes back to that shape... I also noticed that the leather around the zip has started kinda wrinking around the zip like when something shrinks.. I have pictures... If you wanna see..

Oh, go on then. Shoes and boots are far more interesting than cleaning the house