Purchase after poor diagnostic advice, legal rights?

wrider

Hi

I hope someone can help.

I bought some running shoes and insoles from The Sweat Shop about 2 -3 months ago.

I had my feet tested and examined for about half an hour where they decided my fit was neutral and provided me with 3 pairs of neutral shoes to try.

I bought a pair as well as the recommended fitted insoles £135 approx altogether.

A few months later and the shoes constantly give me blisters. They do say you can return them in 30 days but life got in the way and I thought they just needed wearing in. Also when I run 3-4 miles they aren't as bad as when I started to run 5-6.

I went in for advice last week and the assistant possibly the manager just told me they should have had "a thumbs width" between my toes and the end of the shoe" this was new information to me. He said all his staff would ask this. He didn't ask to see the shoes / see me in the shoes / offer any advice.

I visited another independent shop (closed when I went to the sweat shop unfortunately) he noticed immediately that I shouldn't have a neutral shoe and that the shoes were wearing badly as they are the wrong fit and the blisters are from the shoes being too narrow and the sole rubbing - because the diagnosis was wrong.

I have emailed their customer service but she says I am outside the 30 days, blisters are caused by many reasons. She says I can go back in but I feel very reluctant as the manager bordered on being rude and I was upset, plus I imagine I might have to give them more money for some sort of corrective insole.

To make things more annoying my receipt has gone walkabouts.

Does anyone know my legal rights? They said I didn't have to take their advice but then I was only brought neutral shoes to try on.

Do I just have to give up on the money? I can't really afford any more.

Any advice would be great. Thanks in advance.

neilmcl

wrider wrote: »

I visited another independent shop (closed when I went to the sweat shop unfortunately) he noticed immediately that I shouldn't have a neutral shoe and that the shoes were wearing badly as they are the wrong fit and the blisters are from the shoes being too narrow and the sole rubbing - because the diagnosis was wrong

Did you get a full gait analysis done at this new shop?

To me it sounds simply like the shoes are just the wrong size. You should also be aware that even the best fitted running shoes can also sometimes give blisters. What type of socks have you been wearing?

Where on the foot are the blisters?

wrider

Hi

I went in to the other shop wearing my converse boots the guy in the other shop could tell it was suspicious from seeing the crease and how I stood then I removed my shoes and did some gait tests with and without my trainers on.

He explained that my arches are quite flat thus my feet tend to lean inwards. The insides of my feet bulge over the running shoes and have generated a crease and you can see they lean over the edge of the sole. It is along the sole that I get the blisters.

I also got blisters over my toes when I used their insoles as it pushed my toes up against a seam on the trainers. This was rectified by not using the molded insoles. This does put me off using other insoles though to correct my flat arches.

I have tried wearing blister socks, they exacerbated the problem on my left foot.

Sorry for all the detail but I thought I would give you all the facts!!!

Thanks very much.

neilmcl

Were you tested on a running machine in the 2nd shop?

Did they give an idea of what type of shoe you would need?

daytona0

I think you'll have to have it out with the manager.

Suffice to say that you were given 30 days to 'change your mind' due and you've created a right mess by leaving it for so long. The key word is in blue.

You also have to consider the possibility that there exists no proof of the diagnosis in the first place! You also have to consider the possibility that you were just given advice, and that you were quite clearly in a rush/one track mind (otherwise you'd have waited for the other store to open, check prices online or simply ask to try on non-neutral ones!). Of course, if you paid for the "diagnosis" (or if it was an established service of theirs) then you'd have a stronger case....

Also, you've had a good few months use out of them! You've effectively rented out an expensive pair of shoes if you get the sort of resolution you may be looking for and that's not fair on the retailer.

I take phrases such as "manager bordering on rude" in a pinch of salt and also consider it as a compliment to the manager. In this instance you've really made things difficult for yourself, and you kinda only have yourself to blame! The manager is human and will naturally be frustrated that you didn't just return them within 30 days... That's plenty of time to test it out and reject them due to "blisters". To make a comment about how "life got in the way" is just silly - unless you had a bad illness, or a family member was croaking (good idea to briefly discuss this with the company if it is the case) etc, then that is not a legitimate excuse..

That being said, if you go and have it out with them it is certainly possible that you'll get a resolution which may be somewhat beneficial.

The other possible options are:

- Going down the court route, however I have no idea in hell how you'd construct that (partly because I can't see you winning)

- Arguing that the items are faulty/not fit for purpose, which may lead into a bit of a saga but may result in a resolution depending on the circumstances.

wrider

Hi

Thanks guys.

I think it was internant or something like that that the second chap said I had - that is possibly wrong but sounds similar.

The reason I couldn't go in sooner was because my 95 yr old nan had a serious fall followed by a near fatal infection, had to have her house emptied and sold while she was moved into a home. I had to travel the country each weekend and indeed that contributed to why I could only get to the shop on a Sunday when the other wasn't open. All that plus 2 small children and full time job meant it was impossible to get back within the 30 day window.

I appreciate this would have made the whole scenario much easier and wish the situation was different. It's all a bit of a disaster. At least my nan seems settle now - on the bright side!

If there is no possible legal recourse I will just have to drop it. I still don't have the time to push through something that will add additional upset and stress.

I only mentioned that I found the manager rude to explain why I didn't relish the prospect of a revisit. But on that note I honestly don't believe there is reason to be unpleasant when I was just asking what I could do about it. I wasn't demanding a refund or even exchange at this point and may well have bought a corrective insole if that had been presented as a solution. At that point I was unaware that the diagnosis was potentially inaccurate.

Cheers!

bris

You have now been running 3-6 miles a day for 3 months and now your complaining, time to get real and think about what your chances really are.


Time to complain was when you first started running and even then your chances were slim, 3 months down the line, forget it.

daytona0

wrider wrote: »

ld nan had a serious fall followed by a near fatal infection, had to have her house emptied and sold while she was moved into a home. I had to travel the country each weekend and indeed that contributed to why I could only get to the shop on a Sunday when the other wasn't open. All that plus 2 small children and full time job meant it was impossible to get back within the 30 day window.

Sadly that isn't likely to be a good enough excuse to excuse you legally (if that is possible) for not going within 30 days. If you had to constantly look after your nan or if you were seriously ill in hospital then I'm sure that a 30 day returns time frame could be waived. As it transpires you could have gone on one of the 3-4 Sundays afterwards. So in that respect you can't bend the companies policies on returns.

That leaves you with (I think, due to 2-3 months old) the Sales of Goods Act. You can claim that they are not fit for purpose, inherently faulty or not as described. I can't really see you being successful in arguing any of them.. but you can potentially query this with the retailer.

Another option is to go and meet the manager to see what they say. Then let them know about your nan and apologise for not going in sooner as you were busy taking care of her. Ask if they have any leeway on their policy and be a bit humble. The manager may act on their discretion in your favour.

wrider

Yes I wasn't planning on using that as an excuse - which is why I didn't originally mention it. It would be a bit like bursting into tears to get my own way! Although I will clarify, I was away every weekend. Oh and I don't run every day just a couple of times a week.

My main reason for posting the original question was because their diagnosis and subsequently bringing me 3 pairs of only neutral shoes. For example if I went for a bra fitting then brought a bra under recommendation which led to rubbing and blisters would the shop be accountable?

It's this advice aspect I was most interested in. Obviously I didn't have to take the advice but I was under the impression that the advice would be reliable and trust worthy and I was prepared to buy the shoes from them - costing more money no doubt but it would take the 'risk' away.

Please don't focus on the 30 day period - I know this has past and ultimately that is my responsibility.

Thanks again.

daytona0

wrider wrote: »

My main reason for posting the original question was because their diagnosis and subsequently bringing me 3 pairs of only neutral shoes. For example if I went for a bra fitting then brought a bra under recommendation which led to rubbing and blisters would the shop be accountable?

If it is faulty, not as described or not fit for purpose then the shop would be accountable....

If you are arguing that the shoes meet any of those conditions then bring them up! You are, as far as I can tell, subject to SOGA so need to pursue this. Otherwise, you are looking at a goodwill gesture.

neilmcl

I'll ask again. Did the 2nd shop perform a full video gait analysis on a running machine or did they simply measure your arches?