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Office shoes

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Sncjw
Sncjw Posts: 3,562 Forumite
Part of the Furniture 1,000 Posts Photogenic Name Dropper
I bought some toms in the sale 3 weeks ago from office shoes. I've obviously worn them but on one of the shoes the fabric is coming away from the sole, the other shoe is fine. I've contacted them on Twitter and they say because I have worn them I can't exchange them for another pair, surely three weeks age and the fabric is coming away from sole means there faulty. So I could return for exchange even if it was a sale item. Office website says you can't return sale items but these are faulty.

Am I righ these are faulty having only three weeks wear and only the one shoe having the problem.
Mortgage free wannabe 

Actual mortgage stating amount £75,150

Overpayment paused to pay off cc 

Starting balance £66,565.45

Current balance £58,108

Cc around 8k. 

Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    If you have "accepted" the goods then they are right and its their choice on if to repair, replace or refund.

    If you havent accepted them then you can demand a refund - you never have an automatic right to an exchange.

    The problem is determining if you have accepted them or not as the law only talks about "reasonable" time. If you look at different consumer rights sites like Which?, CAB etc they all have slightly different interpretations of what a reasonable period is ranging from a week to a few weeks.
  • Sncjw
    Sncjw Posts: 3,562 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 9 July 2015 at 9:01PM
    It's not of a decent quality is it for a shoe sole to come away from the fabric after three weeks.
    Mortgage free wannabe 

    Actual mortgage stating amount £75,150

    Overpayment paused to pay off cc 

    Starting balance £66,565.45

    Current balance £58,108

    Cc around 8k. 

  • Sncjw
    Sncjw Posts: 3,562 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Well ideally I would want the same style as I use them for work in office but due to sale I mah have to get a refund.
    Mortgage free wannabe 

    Actual mortgage stating amount £75,150

    Overpayment paused to pay off cc 

    Starting balance £66,565.45

    Current balance £58,108

    Cc around 8k. 

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have they offered you a refund?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Sncjw
    Sncjw Posts: 3,562 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    They said on Twitter because they are worn they won't
    Mortgage free wannabe 

    Actual mortgage stating amount £75,150

    Overpayment paused to pay off cc 

    Starting balance £66,565.45

    Current balance £58,108

    Cc around 8k. 

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So they're refusing a repair, refund, or replacement?

    Perhaps remind them on twitter that under the sale of goods act, any fault in the first 6 months from purchase is presumed to be inherent and it is for them to prove otherwise. And that despite having worn the shoes, you are still entitled to a remedy and also that attempting to mislead consumers about their statutory rights is a breach of the CPRs and potentially amounts to a criminal offence.

    Even their own website has a section called "what do i do if i think my item has a fault" which says:
    We’re really sorry you’ve had any problem with your item. In order for us to determine whether there is a fault or not, we would need to assess the item. Should you be local to one of our stores, feel free to pop in with the item and valid proof of purchase. One of the store managers will be happy to assist and offer an assessment on the item. If you are unable to get to one of our stores, you’ll be able to send the item for assessment to the below address, we recommend using a tracked service. You would be required to enclose proof of purchase and a covering letter with details on why you believe there is a fault. Please also include your name, address and a daytime contact number. Assessments can take a maximum of 14 working days but are usually much faster than this. Should a fault be found, a refund / exchange will be offered and postage costs will be refunded also. If you are an international customer, please click here to arrange your return. OFFICE CUSTOMER SERVICE, 1-8 Moorfield Industrial Estate, Gatehead Road, Kilmarnock, KA2 0BA


    The bit about sale items being non refundable relates to their own policy. However imo thats not something that would be apparent to anyone who doesn't already know what their consumer rights are and (again) as above, is likely to mislead consumers about their rights which is a breach of CPRs.

    Even signs saying "no refunds" or "no refund unless faulty" are prohibited/illegal for that very reason.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • sazaccount
    sazaccount Posts: 537 Forumite
    Seventh Anniversary 500 Posts
    Did you buy them in a shop? if you did or even online have you taken them into the store to show them?

    Why go on social media before asking a person? The social media team are properly at there head office and have a set template to work from, however unless you post the shoes to them they have no idea if you are "trying it on" (I'm not saying you are, but they don't know!)

    Pop into a shop or sent to the above address is properly your best course.
    Thanks to money saving tips and debt repayments/becoming debt free I have been able to work and travel for the last 4 years visiting 12 countries and working within 3 of them. Currently living and working in Canada :beer: :dance:
  • Sncjw
    Sncjw Posts: 3,562 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I ask online as I'm deaf and do struggle at times. I want to know what could happen before I do go so I'm prepared.
    Mortgage free wannabe 

    Actual mortgage stating amount £75,150

    Overpayment paused to pay off cc 

    Starting balance £66,565.45

    Current balance £58,108

    Cc around 8k. 

  • cookie365
    cookie365 Posts: 1,809 Forumite
    It's one thing to tweet 'no' from a computer in office. It's quite another thing to say 'no' to a customer face to face in a store, in front of other potential customers.

    Take them back, point out that they're falling apart already, point out that you use your feet more or less equally so the fact that one is ok makes it clear that there's a defect with the other. Stand your ground until you get a solution. Though I'd expect them to offer a voucher with no argument.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Looking at the Twitter conversation your original question to them does not mention they are faulty, just that you'd like an exchange. When you told them they were faulty they invited you to DM them further details - have you done this?
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