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Sports Direct denying my statutory rights

preface: I bought a pair of Karrimor hiking boots and on their 2nd outing they tore.

I bought a pair of Karrimor hiking boots, specifically the Hot Rocks Brand on the 12/09/17.
I have worn them twice, once to walk the dogs on the beach and then again on the 26/09/17 for a hike up through the woods.

It was on this hike that the rip happened, along the paths in the woods there are boulders set across them to stop vehicles. I stepped over one of the boulders, right foot first and the boot scraped along the rock, got caught and ripped. there is now a significantly large whole in by boot.

Today 27/09/17 I tried to return these to the store where I bought them for an exchange because my belief is that under the Consumer Rights Act 2015 they sold me a product of unsatisfactory quality.

When the manager eventually came to the customer service desk. I explained all of this to her and she told me that because it wasn't a manufacturing fault she didnt have to refund/exchange. I then told her that the materials are obviously unsatisfactory quality and that under the Consumer Rights Act 2015 that they have to offer a refund exchange.

Her exact words at this stage where "I don't have to do anything, now will you please leave the store"

My rebuttle was " Am I to asume that you are denying me my statutory rights under Consumer rights act 2015"

To which her reponse was " I haven't denied you anything now please get out of my store"

At this point I left as she walked in behind the tills and ignored me.

So can anyone tell me who is correct in this situation as I plan to contact Sports Direct Complaints.
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Comments

  • lincroft1710
    lincroft1710 Posts: 18,665 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Doesn't sound like a manufacturing fault.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • TMcC wrote: »
    preface: I bought a pair of Karrimor hiking boots and on their 2nd outing they tore.

    I bought a pair of Karrimor hiking boots, specifically the Hot Rocks Brand on the 12/09/17.
    I have worn them twice, once to walk the dogs on the beach and then again on the 26/09/17 for a hike up through the woods.

    It was on this hike that the rip happened, along the paths in the woods there are boulders set across them to stop vehicles. I stepped over one of the boulders, right foot first and the boot scraped along the rock, got caught and ripped. there is now a significantly large whole in by boot.

    Today 27/09/17 I tried to return these to the store where I bought them for an exchange because my belief is that under the Consumer Rights Act 2015 they sold me a product of unsatisfactory quality.

    When the manager eventually came to the customer service desk. I explained all of this to her and she told me that because it wasn't a manufacturing fault she didnt have to refund/exchange. I then told her that the materials are obviously unsatisfactory quality and that under the Consumer Rights Act 2015 that they have to offer a refund exchange.

    Her exact words at this stage where "I don't have to do anything, now will you please leave the store"

    My rebuttle was " Am I to asume that you are denying me my statutory rights under Consumer rights act 2015"

    To which her reponse was " I haven't denied you anything now please get out of my store"

    At this point I left as she walked in behind the tills and ignored me.

    So can anyone tell me who is correct in this situation as I plan to contact Sports Direct Complaints.

    Fabric boots,

    I presume caught on some metal rebar exposed in the block,

    sounds like user error, not a fault of the boots.

    would anyone NOT expect fabric to rip if caught and forceably pulled?
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    Sports Direct customer service won't give a jot.

    It pains me to say it, but on this occasion SD are in the right.
  • I'm in agreement with the other posters.
    Any fabric material has a good possibility of ripping if caught on rock and it doesn't automatically mean that the boots you have were not fit for purpose.
    and if it was these ones:
    https://www.sportsdirect.com/karrimor-hot-rock-mens-walking-boots-182201?colcode=18220103
    being a suede type material, I doubt if they are too hard wearing.
  • Fabric boots,

    I presume caught on some metal rebar exposed in the block,

    sounds like user error, not a fault of the boots.

    would anyone NOT expect fabric to rip if caught and forceably pulled?

    No rebar just large rocks about knee height. The fabric wasn't forcably pulled as it all happened in one fluid motion, essentually just stepping over some rather large stones.

    Now my understanding of the Consumer rights act 2015 is that something sold specifically for hiking should indeed be able to withstand said activity for a reasonable amount of time. 13 days and one hike is not a reasonable amount of time.
  • I'm in agreement with the other posters.
    Any fabric material has a good possibility of ripping if caught on rock and it doesn't automatically mean that the boots you have were not fit for purpose.
    and if it was these ones:
    being a suede type material, I doubt if they are too hard wearing.

    Yes it's those exact boots.

    Surely scraping against rocks would be reasonably considered as something that would happen during hiking and that if the boots are marketed as hiking boots that they should be able to withstand said action for a resonable amount of time.
  • comeandgo
    comeandgo Posts: 5,899 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They are marketed as walking boots, which to me means going for a stroll along a forest track, or along a path, not scrapping by rocks.
    Karrimor used to be a decent shoe but not anymore. The RRP is rubbish, Sports Direct make this brand now.
  • TMcC wrote: »
    No rebar just large rocks about knee height. The fabric wasn't forcably pulled as it all happened in one fluid motion, essentually just stepping over some rather large stones.

    Now my understanding of the Consumer rights act 2015 is that something sold specifically for hiking should indeed be able to withstand said activity for a reasonable amount of time. 13 days and one hike is not a reasonable amount of time.

    Well they are saying, and I agree with them, the fabric WAS forcibly pulled.

    You bought cheaper fabric based WALKING boots, treated them like tough leather HIKING boots, and broke them.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    TMcC wrote: »
    Yes it's those exact boots.

    Surely scraping against rocks would be reasonably considered as something that would happen during hiking and that if the boots are marketed as hiking boots that they should be able to withstand said action for a resonable amount of time.

    But that, according to you, isn't what happened. Initially you stated that: "the boot scraped along the rock, got caught and ripped"

    You didn't just scrape the boot against the rock surface - you caught it on something which ripped it.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    TMcC wrote: »
    Yes it's those exact boots.

    Surely scraping against rocks would be reasonably considered as something that would happen during hiking and that if the boots are marketed as hiking boots that they should be able to withstand said action for a resonable amount of time.

    Are they marketed as hiking boots or mountain boots? Usually they describe karrimor as walking shoes/boots.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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