Supplier refusing a refund

pss1952

My wife bought a pair of long boots online. They were the correct size for her. She tried them on in the house and they appeared ok. We went out for a walk but within a few minutes one of the boots was rubbing her heel. We returned home. On examination I saw that the was stitching down the back of the boot and stitching across the heel. Where the two lines of stitching met was raised and this is what was rubbing. It was bad enough to cause a wound to my wife’s heel, which bled and unfortunately caused a small stain on the inside of the boot. My wife contacted the supplier and the boots were returned. However the supplier is refusing a refund as the boots are, in their words, not in the original condition as when supplied. I.e. the stain. My point is the boots were not fit for purpose as they caused the wound and hence the stain but the company still refuse to refund. Any advice please. 

the_lunatic_is_in_my_head

Where did she buy from and how did she pay? 

pss1952

The boots were bought from Equus.com and cost £100. Paid with debit card. 

Jenni_D

pss1952 said:

The boots were bought from Equus.com and cost £100. Paid with debit card. 

Huh? Are you sure?

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Innova Electronics Corporation is a leading supplier of test equipment and diagnostic reporting for the automotive aftermarket, offering high quality products, innovative diagnostics and value to our customers. Distributed from facilities in the U.S. and Canada, all Innova products are researched, developed and designed at the company’s headquarters in Irvine, Calif.

I guess you actually meant https://www.equus.co.uk/

Equus Products and Services Limited. Registered Office: Walkern Hall Farm, Walkern, Hertfordshire SG2 7JA. Registered in England & Wales. Company Registration No. 8348474. VAT No. 173 8068 87

So they need to abide by English law.

pss1952

My mistake. It was Equus.co.uk. 

tacpot12

You are not returning them for resale, but because they are faulty. They shouldn't be expecting to be able to resell the boots to someone else, and  they should refund her the money. She is relying on her rights under the Consumer Rights Act 2015, not the Distance Selling Regulations. If they don't back down, check if you have legal expenses cover as part of your  home insurance  and if you do, call the legal helpline for advice. 

the_lunatic_is_in_my_head

pss1952 said:

My mistake. It was Equus.co.uk. 

Thanks OP, as they are governed by the laws of England and Wales you may advise the retailer that you are rejecting the goods as they do not conform to the contract and are seeking a remedy. 

Remind them that goods which are rejected within the first 6 months are deemed not to conform to the contract unless demonstrated otherwise. 

The retailer may then repair, replace or provide a full (as less than 6 months) refund. 

You do have the right to reject outright for a full refund within 30 days but can be requested to show the goods do not conform to the contract. 

The (probably easier) alternative is to have a chat with the card provider as they may assist with a chargeback. 

pss1952

Thanks for your reply. The retailer is adamant they will not refund stating that the boots were dirty and damaged. The only dirt was a bit of mud in the tread. They say they are returning the boots as we have broken the contract by returning them damaged. They are not damaged. I will contact our bank to see if they can assist. 

Manxman_in_exile

Did you (or your wife) explain clearly that you were returning the boots because they were faulty or not fit for purpose?  Sounds as if Equus think they were bring returned because of a change of mind under whatever their own returns policy says.

You need to explain to them you are using your statutory consumer rights, not their returns policy.

(I am assuming that the stitching "fault" you describe qualifies as a fault or makes them not fit for purpose - fit for purpose being wearable without drawing blood.  Point that out to them.)

pss1952

Thanks for your reply. We have explained that the return was because the boots were not fit for purpose. We have sent pictures of the stitching and pictures of the wound on my wife’s heel . They were under no illusions that the return was for that reason. My wife explained that she really liked the boots and would have kept them if it were not for the problem. They say that the stitching is not a fault, but that was the cause of the wound. They are adamant they will not make a refund, and as I said they are making a claim that the boots have been damaged. The boots were worn  for no more than ten minutes on the walk. 

greyteam1959

So returned with a bloodstain on the inside & mud in the treads ??
I don't wonder the retailer is being a little antsy.