failed 2 months out of warranty...

cjohnsonuk

I bought a pair of waterproof "adventure" motorcycle boot on 6th Oct 2015. Despite their more sturdy build I've only ever used them for commuting. When it rained last week my toes got wet despite wearing my waterproof trousers over the top of my boots. As the top of my socks and trousers were not wet I'm confident the rain came in through the boot and didn't run down from the top.

Consumer rights 2015 says the goods must be as described and suitably durable. The boots were not cheap and were described as waterproof which they are not.

I purchased the boots online and have been in touch with the retailer but they say that they are now out of warranty (7 weeks) and it will be at the discretion of the manufacturer. I've pointed out that my contract is with them as per the guide on here but they just repeat the line about out of warranty, manufacturers discretion and "we'll be happy to send them to the manufacturer". So they are appearing to be helpful whilst, based on my understanding, missing the point of the consumer rights act, regarding who the contract is between and "suitably durable". They insist they only have to replace them if they are returned in the first 6 months quoting another part of the Consumer rights act but I think that refers to the right to reject the order for a full refund. I just want the boots replaced.

They are saying I have to pay for the boots to be returned to them. I suspect they'll also ask me to pay for the delivery back to me again afterwards.

In summary
1) the boots are not as described (waterproof)/ not suitably durable (£140 boots should last more than 14 months)
2) I bought them 14 months ago so they are out of the manufacturers warranty but still within the 6 years suggested I have to raise an issue
3) The supplier says they only have to replace them if its within the first 6 months

Can someone clarify which bits of the Consumer Rights Act 2015 apply and how best to take this forward? I've requested the supplier be added to the resolve service and I've contact the citizens advice but heard back from neither.

RoonilWazlib_2

Forget the warranty, it's irrelevant now.

Your contract is with the trader as you said. After 6 months the burden of proof switches to you - that is to say that you need to prove that the item breaches the implied terms of CRA (ie not durable).


If you can prove it, you are entitled to redress - in the first instance a repair or replacement - thereafter potentially a price reduction (you keep the item with some money back) or a final right to reject (return the item and get a refund with possibly some deduction to reflect the usage you have had).

1) Get proof to back up what you are saying from an independent source
2) present trader with that evidence

cjohnsonuk

The supplier says that they only need to anything in the first 6 months. I had a long conversation with them but they would not budge on that, even quoting the consumer rights back to me. I think they were taking the part about the onus is on them to prove the boots were not faulty to begin with in the first 6 months.
How do I prove that boots should last longer than 14 months?
Or prove that I've only used them for lighter duties than that they were designed for? Any suggestions on who to get independent advice from would be greatly appreciated.

marliepanda

You can't prove either of those things. That's not what is required.

You have to prove there was an inherent fault with the boot. I don't know, something like inadequate stitching, a part of it where the material is a lot thinner than necessary, the glue not being strong enough/not enough used. Look for a specialist bike shop perhaps? Another person who makes high quality motorbike boots.

It has to show they were faulty when you bought them, not that they are faulty now. Depending on the nature of the fault it can be tricky, but not impossible.

Fosterdog

What material are they made from? How often have you cleaned and reproofed them? Where exactly it the water coming in? You say you have wet toes but is it from sweat, coming in from the sole, coming in through the seam or coming in through the top of the boot? Until you know where it is coming from you can't really say they are faulty, if it's the sole you could have stood on something that has pierced it, if there are any scuffs or scratches on them it will affect their waterproofing ability.

cjohnsonuk

Thanks for the feedback : The boots are leather with a breathable waterproof lining. They get cleaned about every other week and reproofed either with Nikwax or Eidergris when the weather is wet paying attention to the creases and the stitching as I've done with my walking boots which are still waterproof after 8 years despite them being in the mud every time I use them. I've been really lucky on my commute and in 14 months with these boots I've probably not ridden in rain more than a dozen times in total and certainly not been through any mud. My left foot had a wet patch on top where the gear change reinforcement patch is. My right foot was dry on the same ride. The weather was cold and raining and I've not had sweat patches on my socks even when the weather is hot, certainly not so clearly defined (about 5cm diameter patch). So I've ruled out sweat. Scuffs and scratches (of which there are none) should not affect the waterproofing as the boots have a waterproof lining with the leather protecting the liner.

cjohnsonuk

and..my previous hitech boots that were not motorcycle specific and cost 2/3 of these boots lasted 5 years before leaking in the same place but they didn't have the reinforcement patch for gear changing.

Manxman_in_exile

If it's a Goretex lining it might be that it's been/become damaged. I understand they are quite delicate and can be damaged quite easily (either during manufacture or use).


Can you confirm they are actually leaking? I'd try weighting them down with something (if necessary) and standing them up in a bath or bucket with water to a depth of say 6"(?). I've done this with walking boots before. (Obviously keeping the insides of the boots dry!)