Little advice please

AndyPix

Hi all.


My daughters mum has just taken her to a shoe shop and bought her a pair of "heelies" ..


Aparantly she checked with the assistant that the wheels "click back in" when not in use (ie , dissapear into the sole of the shoe) to which she was told yes they do.


On getting them home, it became apparent that then do not do that, and when not being used with the wheels, you need to use a special tool (provided) to completely remove the wheels.


This is no good and she has tried to return the shoes, but the shop are refusing and saying that all heelies are the same (wheels have to be removed) and we should have known this.


They say that the assistant meant the wheels "clip in" as in they are attached when needed, not that they retract when needed ..


The thing is, my daughter used them outside for a few minutes before realising that they wouldnt retract back into the shoe.


What are out consumer rights here , if any ?? Do they have to provide a refund ? Im not sure ..


Thanks in advance
Andy

deethebee

Gosh that's a tough one because it's basically he said she said. I don't think you can say they are not as described because if you looked into their description you'd find that they match it. It could be a potential misselling situation, which is covered under the Misrepresentation Act 1967, but it's then proving that she actually said the heels retract and then it would come down to who the court believes. You could go back to the store and quote this act and state you will be taking legal action if they don't refund you and they may well just do it to save the hassle. It would not be fair of them to suggest that the buyer "should have known" because you aren't expected to be an expert in everything you buy and if you ask the shop assistant and they give you information then it seems reasonable that you would accept their "expert" advice on it. The other thing is what store did you buy them from? They may have a returns policy that you can use as well.

AndyPix

They were bought from Schuh HQ

neilmcl

I think this is just down to a misunderstanding on either the assistants, your daughter's mum, or both. Yes, as you say they only "click back in" when you remove them, it'll be impossible trying to prove that the sales assistant meant something else.

AndyPix

Thanks for the input - so you think we are stuck with them ?

neilmcl

AndyPix wrote: »

Thanks for the input - so you think we are stuck with them ?

Pretty much yes. Shame your daughter used them outside as Schuh have a 365 day returns policy for unused items.

AndyPix

^^ Pfff - I know ..


Ah well, thast's an expensive lesson


Thanks

neilmcl

AndyPix wrote: »

^^ Pfff - I know ..


Ah well, thast's an expensive lesson


Thanks

Is it though? I'm sure your daughter will have plenty of use out of them regardless

AndyPix

They will never get worn though as they are butt ugly as trainers and shes not going to carry wheels around in her pocket , and get a spanner out to fit them !!


The whole point is that they can transform from one to the other - or so we thought


Otherwise they are just rollerskates - surely

deethebee

AndyPix wrote: »

Thanks for the input - so you think we are stuck with them ?

Ah, I was going to say if they have a returns policy but if they're used they won't take them back. However, you could still try what I've suggested above and quoting Misrepresentations Act. It's always worth trying instead of just accepting you're stuck with them. It's really up to you, but if you really don't want to be stuck with them then you have to be willing to try. That or you can sell them on ebay.

DoaM

If they are actual Heelys then they don't have retractable wheels - Heelys specifically say they don't do that type. There are other versions which typically have a button on the back of the heel to retract/extend the wheel.

The retractable type is probably less robust as the mechanism may be subject to abuse; the clip-in type will likely have a solid mount. But for a child's shoe then they'd likely outgrow them before they fell apart.

I'm now an expert having spent 5 minutes on Google.