SPORTSDIRECT.COM - What Customer Services

thesled

steampowered wrote: »

The ultimate sanction would be to issue a formal 'letter before action' asking for payment within 14 days, and if payment is not made to then issue a small claim against them through the moneyclaimonline website.

If you do not get anywhere through the usual customer service channels, then sue them. I can almost guarantee they'll settle your claim like a rocket when a small claim lands on their doormat.

For £9 ? Still. . . . . . . . :T

LadyDee

SD physical shops don't always carry the range that their online shop does. I thought I'd try on a pair in the shop and order them online (they were on offer online), but none of the 3 branches I tried had this particular shoe.

Bought them from Amazon eventually, OK a couple of £s more but no hassle if they needed to be returned.

thesled

This is an extract from the DBIS Guidance on the CRA (My bold). I'm not sure of the implications of the last bit (in italics).

3. The Goods should be what the consumer expects
The goods that the consumer receives must:
 Match any description by which the goods were presented
 Match any sample of the goods that they examined or saw
 Match any model goods that they examined or saw
Certain information given to the consumer must also be complied with.
Description and information regarding main characteristics

Where goods are supplied by description, the goods must meet that description. Goods
can be supplied by description even if they are available for the consumer to see and
select, for example labelled or packaged goods on the shelves of a shop.

Rainbowgirl84

Did the item you receive match the description on the website?


Edit....apologies I missed that that question had been answered. You got what you ordered from the website and as they are neither misdescribed or faulty you are going to have to pay to return. Sports Direct shops and Sports Direct online may be run as separate Companies as for example are all the variants under the Tesco banner. There's no guarantee items for sale are identical in every way.

[Deleted User]

thesled wrote: »

My contention is that a shoe with the same name from the same shop, and which looks basically the same (until close examination) should be the same online or in the shop. I can't be expected to know subtle differences between model numbers and the website should make it clear that they are selling a different shoe (they don't).

Why would they make any such reference?

Do you really think they have to have a disclaimer saying that the shoes are different from ones you MAY have seen on sale elsewhere?

The retailer is under no obligation to sell the same model of shoe in all of their outlets..

If you return the shoes, I think you'll be paying postage costs.

Rainbowgirl84 wrote: »

Did the item you receive match the description on the website?

Already answered at post #11 by the OP.

The shoes received are those described.

unholyangel

thesled wrote: »

This is an extract from the DBIS Guidance on the CRA (My bold). I'm not sure of the implications of the last bit (in italics).

3. The Goods should be what the consumer expects
The goods that the consumer receives must:
 Match any description by which the goods were presented
 Match any sample of the goods that they examined or saw
 Match any model goods that they examined or saw
Certain information given to the consumer must also be complied with.
Description and information regarding main characteristics

Where goods are supplied by description, the goods must meet that description. Goods
can be supplied by description even if they are available for the consumer to see and
select, for example labelled or packaged goods on the shelves of a shop.

I think you've misunderstood what that section means in relation to your circumstances.

Had you ordered in store, then the goods supplied would need to match the pair you tried on. However you didn't order in store. And from what you've said, you didn't order the pair you tried on in store - you ordered a different item and the retailer has supplied goods which conform to its description.

Theres also a good chance mentioning trying them on in store would harm your position rather than help it because of the fact that only distance and off-premise contracts have a 14 day cooling off period. If you tried them on in store then the contract has not been concluded exclusively using distance communications without the simultaneous presence of the trader & consumer (which is the definition of a distance contract) meaning it would be a on-premises contract which carries no right to cancel.


In short - if I've understood correctly and the mistake was yours, then personally I'd be returning under CCRs which will see a refund of the price paid for the goods & also the standard delivery charge (if you opted for standard delivery, you should get a full refund, if you opted for a premium/enhanced delivery service like next day, they should still refund what the price of standard postage is) but possibly leave you liable for return postage costs.

steampowered

thesled wrote: »

Short answer - no. But they were different to the ones in the shop. My contention is that a shoe with the same name from the same shop, and which looks basically the same (until close examination) should be the same online or in the shop. I can't be expected to know subtle differences between model numbers and the website should make it clear that they are selling a different shoe (they don't).

I can see how this is a really annoying situation.

However I don't think this means the shoes were not 'as described'. It is entirely possible that a shoe manufacturer will make multiple different models of a similar shoe, and also possible that the model sold online is slightly different to what you saw in store.

Unfortunately it sounds to me like your only option will be to return the goods under your distance selling rights. If the SportsDirect T&Cs say you have to pay the cost of return postage, you might have to bear that cost.

NCC-1701

wealdroam wrote: »

The '14 day returns period' is only relevant when you want to return the goods for a 'change of mind' type of reason.

The Consumer Rights Act gives you thirty days to reject the goods for a full refund if they do not conform to contract.

From what you have said, the footwear does not conform to contract.

The clock stops ticking on that thirty day period as soon as you notify them that you want to reject the goods, so any of their delaying tactics will not work.

In what way does the footwear not conform to contract?

wealdroam

NCC-1701 wrote: »

In what way does the footwear not conform to contract?

In the way the OP described it in their original post.

[Deleted User]

NCC-1701 wrote: »

In what way does the footwear not conform to contract?

wealdroam wrote: »

In the way the OP described it in their original post.

...and subsequently contradicted in later ones...