Faulty Boots

RHCJ

Good afternoon,

I bought a pair of boots September 2018 from a French online retailer using my credit card.

The right boot has leaked in use and I contacted them as soon as it occurred for a replacement pair.

The company have told me to keep the boots and they have credited my online account with them the price I paid for the boots.
However, they don’t have my size boot in stock and aren’t replenishing sizes as they say they aren’t manufactured anymore.

I’ve tried to apply to withdraw the credit on my account but they say they are unable to refund me, but I can use the £216 to buy something else from them.
The problem is I don’t want anything else from them and have now sourced and bought a new pair of the same boots from a UK retailer.

Do they have to refund my card or can I refer to Section 75?

Thanks in advance for any advice.

marcarm

What does French law state about what a retailer has to do in the case of faulty goods?

KeithP

RHCJ wrote: »

...can I refer to Section 75?

Indeed you can.

Having read MSE's Section 75 article, speak to your card issuer.

hollydays

Was it la redoute

RHCJ

Thanks for your replies,
It’s not Redoute, but Pecheur.

Having read up prior to posting, I wasn’t sure if Martin’s advice was that online sales law applied internationally. As I couldn’t find a similar example to mine, or be fully grounded in the law, I don’t want to start making demands from them incorrectly.

I’ve explained where I am to them as in the situation and that I require my money back as they’re unable to sell me a replacement product.

Do you know if my contact with card issuer has to be via mail or can you call them and seek advice?

Greta_Sharbo

RHCJ wrote: »

Do you know if my contact with card issuer has to be via mail or can you call them and seek advice?

They will probably all have their own way of dealing with it. They may send out a claim form which needs to be posted back but a phone call should be ok to start the ball rolling.

Bermonia

My concern would be the amount of time that has passed since you purchased the boots - given that they have already offered a refund (as store credit) and let you keep the boots not sure section 75 would be successful.

hollydays

Bermonia wrote: »

My concern would be the amount of time that has passed since you purchased the boots - given that they have already offered a refund (as store credit) and let you keep the boots not sure section 75 would be successful.

That's not a refund.

Bermonia

the point I make is that clearly some time has passed since purchase as such would likely be out of usual returns policy timescales - therefore IMO an offer to keep item and provide store credit to same value seems generous.

KeithP

Bermonia wrote: »

...not sure section 75 would be successful.

Why don't you just ring your card issuer and find out?

Rainbowgirl84

KeithP wrote: »

Why don't you just ring your card issuer and find out?

Because Bermonia will not have the details required to do so as they are not the OP?