Faulty Nike trainers

kirkofski

I'm looking for advice on whether its worth pursuing this any further.


I bought a pair of mens Nike air max in December of last year from Footlocker for £95 on my nationwide credit card.


I didn't start wearing them until around April as I planned on waiting for the weather to improve with them being suede(as it turns out this hasn't helped).


Obviously I have no way of proving when I started wearing them but its clear from looking at the sole and general condition that they have had minimal use.


I initially noticed a slight noise from the heal when putting each foot down and over a period of about 2 months a split on both heals appeared. I took them back into Footlocker who couldn't offer a refund but gave me an email address to contact if I wanted to take it further(Footlocker customer services).


They eventually replied and said they cant offer a refund as it was down to wear and tear.


Is there any point trying to pursue this further with either Footlocker? What about the credit card insurance, not something I'm at all familiar with?


For £95 I feel this is way less than I should expect from them. I've had many pairs of these in the past and never had a single split heal, in fact they have all been brilliant trainers.


Thanks

DoaM

Have they inspected the trainers? If not how can they deem that wear and tear was the cause?

As it is more than 6 months from purchase, and the seller appears to have entrenched their position, then the onus is on you to prove (on the balance of probabilities) that the fault was inherent (present at the time of sale but not apparent). You'd do that by commissioning a report by a suitably-qualified person ... if that report finds in your favour (and says that the fault was inherent) then you present that report to the seller together with the (reasonable) cost of the report and demand a remedy.

Before doing the above though it would be worth replying to the seller to outline your intention and give them one last chance to provide a suitable remedy. (Repair, replace, refund).

Note: I have deliberately said Seller above ... your contract, hence rights, are with the seller not the manufacturer (unless you bought direct from the manufacturer).

Credit card insurance (I presume you actually mean Section 75 of the Consumer Credit Act) won't help here as the minimum value of an item to qualify for S75 is £100.

kirkofski

They inspected them in the shop and I sent a number of photos to tcustomer services.

Many thanks for your help, I'm going to drop them an email like you suggested and look into having someone do a report for me.

DoaM

Shop assistants will have no expertise with which to make such a judgment, and neither will CS be able to do so via photos.