Patent Coating Peeling away from School Shoes

Arty75

Hi
I bought my daughter a pair of Start Rite patent leather school shoes in August for when she started school in September. Yesterday I notice the patent coating has peeled away on one shoe and is starting to do the same on the other shoe in the same place.


I took them back to the shoe shop and they wouldn't/couldn't do anything citing wear and tear. I disputed this could be classed as wear and tear, the lady suggested the shoes being worn day in day out and in the playground will have caused it. My daughter had a pair of patent shoes she wore day in day out for a year as her feet didn't grow and this didn't happen.


I had to buy a new pair and contacted Start Rite. Start Rite have come back to me saying as I didn't buy direct from them they can't intervene, so I have emailed the shop (attaching photos).


I cited the Sale of Goods Act to Start Rite and the shoe shop, saying the goods aren't of acceptable quality and aren't fit for purpose.


What are my rights, how far should I push it? I can't find my receipt, I'm still looking, but I do have a loyalty card which is signed and dated and the shoe name/size written on.


Thanks in advance.

InsideInsurance

Where the goods under or over 6 months old from the date of purchase to when you raised the complaint with them?

If its under 6 months old then its the retailers job to prove they werent inherently faulty or that 6 months is a reasonable life for the product. If its over 6 months old then its your job to prove the opposite.

By your dates it suggests that they'd be under 6 months and so you'd need to push them for their evidence/ threaten legal action etc. How far you want to go with it is down to you.

Remember that any refund you get can be reduced to reflect the use already received. So if a pair of kids school shoes should last 1 year and you've had them for 6 months then you'd expect a 50% refund (as an example)

susancs

Welcome to MSE, I would have expected Start Rite shoes to last more than a school term. Although my children are older now, when they were in primary school Start Rite or Clarkes shoes used to last the school year.

There are some template letters on the MSE site here for you to put your complaint in writing to the retailer:
http://www.moneysavingexpert.com/shopping/how-to-complain#temp

Arty75

Thanks for your replies.


The shoes were used for 1 term, approx. 12 weeks! I have 3 children and usually get a year out of their school shoes so, to pay £38 for 1 term is frustrating. If her feet had grown or she'd ruined them herself I would feel differently, but these shoes have literally come apart.


I contacted the shoe shop who refused to budge, they feel 3 months is sufficient time for wear and tear.


So I went back to Start Rite who told me that, as I hadn't bought the shoes direct from them, they legally couldn't get involved.


I can't seem to get through to anyone that I don't agree this is wear and tear, this should not happen and I feel it is a failure in the manufacturing process.


What do I want - well I feel financially out of pocket, so I agree I couldn't expect a full refund for the shoes, but a partial refund surely? Secondly, I can't believe the manufacturer isn't interested, I've never known a manufacturer not want to investigate why their own product has failed?!


I'm going to contact my local trading standards for advice and take it from there.

Collabora

you could get an independent report, but if they are under 6 months then its upto the retailer to prove they are not inherently fault.