Wrong size shoes

glitter123

I wonder if anyone could give a bit of advice please

My daughter ordered a pair of shoes online from House of Fraser but when they were delivered although the box said they were the right size the shoes in the box were another size.

She called HoF customer services and they said they couldn't just send out a replacement she'd have to return the original shoes and reorder another pair. They said they would make a note about the "wrong shoes" so there wouldn't be an issue with her return. She reordered but now the price is £12 more (I think she may have ordered originally during the Black Friday promotion)

HoF insist they can't honour the original price despite their acknowledged error but have offered a £10 evoucher instead.

Is this reasonable? Certainly doesn't seem it to me because they sent the wrong shoes in the first place.

molerat

Legally they are in the right, they only need to put back in the situation you were in before purchase ......... but poor CS on their part by not simply raising an order at the same price.

cono1717

No, they need to fulfill their contract which was Size X shoes for Price Y.

Take a picture of the shoe itself for further clarity in case you need it later but you need confirmation from them that they will honor their contract and give you the correct size that you ordered, it's not for you to pay any more for their mistake.

Franz_Ferdinand

cono1717 wrote: »

No, they need to fulfill their contract which was Size X shoes for Price Y.

Take a picture of the shoe itself for further clarity in case you need it later but you need confirmation from them that they will honor their contract and give you the correct size that you ordered, it's not for you to pay any more for their mistake.

So if they refund her, what do you suggest?

bris

cono1717 wrote: »

No, they need to fulfill their contract which was Size X shoes for Price Y.

Take a picture of the shoe itself for further clarity in case you need it later but you need confirmation from them that they will honor their contract and give you the correct size that you ordered, it's not for you to pay any more for their mistake.

No they don't they don't need to do anything. They will put the OP back in the same position with a full refund and that's all they need to do.


Now if the OP so want she can buy the shoes at the higher price and sue for loss of bargain for the £12. With a 10 pound voucher which makes the loss 2 quid it's simply not worth it.


When a contract is broken the party in breach can't be made to do anything by any one accept the courts.

naedanger

glitter123 wrote: »

Is this reasonable?

No it's not reasonable.

However to force HoF to comply with the proper legal remedy will entail suing them, which is not worth the effort for £2.

Personally (if I was bothered) I would write a letter to their Head Office explaining that they are legally obliged to honour the original contract or ensure she is not out of pocket by their breach. Therefore they should refund £12 in cash in addition to the refund of the original purchase price. With a bit of luck she might get a better response - they may be less inclined to admit in writing that they will flout the proper legal remedy.

glitter123

Thanks for your replies.

I've been reading the Consumer Rights Act 2015 for some more information. It says the item must be as described- which they are not. The consumer has the right to require the trader to replace (or repair) within a reasonable time (s23) and the consumer has a right to enforce terms (s19)

wealdroam

glitter123 wrote: »

Thanks for your replies.

I've been reading the Consumer Rights Act 2015 for some more information. It says the item must be as described- which they are not. The consumer has the right to require the trader to replace (or repair) within a reasonable time (s23) and the consumer has a right to enforce terms (s19)

Yes, your interpretation of the CRA is correct.
As others have said, if you wish to do so, you will need to use the courts to enforce your rights. Is it worth the effort?

DD265

Maybe try posting on their social media page?