Faulty boots - the store says otherwise

sjaarnaeh

Hi,

I purchased my partner a pair of £70 welly boots for a Christmas present from a well known country store.
They were purchased in Nov and gifted in Dec so I understand that this means I lose the 30 days right to return faulty goods, however...

The right boot leaks. He gets a wet foot if walking through puddles in this boot only. There are no visible faults, holes or issues with the seams. He just gets a wet foot.
The left boot has no issues and his foot is always dry.

I have been dealing with the online customer services and yesterday returned the boots to a local store for leak testing. 
I've had a call back today stating that they submerged the boot to 2 inches from the top for 2 minutes and they haven't leaked.

I've asked for them to be submerged for a longer period of time but want to know where I stand with this. There is clearly an issue with the right boot but they are not finding it. Can I insist on a 'worn' test? As the structure of the boot would change when on a foot and being walked in (ie 'flex' and 'stretch' etc).

Do I have to take this as their final answer?

Any advice appreciated.

Many thanks

Sandtree

You never have to take anything from the other side as the final answer however the cost and hassle of going further may not be worth the recover of £70

As the item is between 1 and 6 months old the legal assumption is that it is faulty unless the store can prove otherwise, naturally the law doesnt go as far as defining what acceptable proof is and it ultimately comes down to a judge to decide. Clearly they appear to have run a test, which compared to the responses of some companies is better than a lot, but it is debatable if its sufficient.

Did you do any of your own testing before hand? Have you worked out approximately where the leak is? What part of the sock is wet?

You can try and insist on more testing, as your comment about the boot flexing and therefore potentially only leaking when bent etc makes sense to me but the store probably has a bucket for a static test and may not have a paddling pool and the space for a walking test. 

Your alternative is to commission your own test by an independent expert to ascertain the problem and if it finds its faulty you can add the cost to your claim (best inform the shop of this first as it may spur action from them) but if it shows they are water right or you've stepped on a nail and punctured it and thats why its leaking etc then its an extra cost you've lost.

If you have paddling pool, some socks or paper to make socks with where its easy to see where its wet then some home testing could avoid a costly report that shows they arent faulty.

Manxman_in_exile

I know this may well be a stupid question, but when you say "welly boots", what are they?

Are they proper rubber wellington boots, and/or do they claim to be waterproof?

TELLIT01

As 'Welly' is a short form of 'Wellington' I would have thought it safe to assume that is what they purchased.  Regarding the leak, it may be that the leak only occurs with a specific flexing of the boot in combination with the shape of the user's foot.  If the vendor is insistent that they can't replicate the problem it's not really surprising they aren't keen to replace them.  Could the OP's partner try to replicate the problem themself?  Washing up bowl full of water, foot into bowl and move the boot around.

sjaarnaeh

Thank you for your replies.
This is the pair of boots in question:
https://www.moleonline.com/compass-wellingtons

The wet foot area is always on the top of the foot and down to the toes, and only occurs when walking through big puddles. Almost like it's to do with the seam at the top of the foot.

lisyloo

Can your partner replicate the issue with a bowl of water?
if it was me I think I’d try a video demonstrating dry sock, put in water, do some walking motions, show wet sock.

How did you pay? And which card exactly?
would be useful to know as some are better than others (for example Amex are pretty good at siding with consumer).
credit or debit? And which one?

sjaarnaeh

lisyloo said:

Can your partner replicate the issue with a bowl of water?
if it was me I think I’d try a video demonstrating dry sock, put in water, do some walking motions, show wet sock.

How did you pay? And which card exactly?
would be useful to know as some are better than others (for example Amex are pretty good at siding with consumer).
credit or debit? And which one?

We will give that a go.
I'm awaiting a call back from the store today as they agreed to submerge them for longer so will see what comes of that too.

Re the payment, it was via Paypal pay in 3 and on my Monzo debit Mastercard.

Manxman_in_exile

TELLIT01 said:

As 'Welly' is a short form of 'Wellington' I would have thought it safe to assume that is what they purchased...

Yeah.  Personally I wouldn't assume anything where somebody making their 6th post is concerned unless they actually said that they'd bought a pair of "rubber wellington boots which were advertised as waterproof".  (And I note the ones in question are actually advertised only as keeping your feet warm - not dry...  Having said that though, and having seen a photo of them, I think it's perfectly reasonable for the OP to expect them to be waterproof.)

If the OP is absolutely certain that the upper is leaking in some way - and it definitely isn't overtopping from the cuff - then they need to try to replicate* the leak to the satisfaction of the seller, or persuade the seller to try a more realistic active test involving some sort of walking motion.

AIUI the OP doesn't qualify under s75 (<£100) so if they go to their card provider would have to rely on a chargeback.  The danger there is that the seller would challenge it by saying "We've tested them and there's no evidence of a leak."

So I think the best approach is to try to convince the seller that they're leaking...


*The way I'd test them is to get some sort of waterproof container, like a large bucket with a wide enough base to stand the wellies upright, put some sort of weight in the boots to keep them immersed and upright, and then fill up the container with water up to about an inch below the top of the cuff.  Then I'd look for bubbles, and if I couldn't see any I'd leave it for a few hours and then check for water ingress.  (Many many years ago I did something similar to test a pair of walking boots.) If they remain dry, it'll be difficult to show they ain't waterproof, but if they get wet - hey presto!

If the OP can't find a large enough bucket or waterproof container, use a cardboard box or something lined with bin bags or do the test in the bath.

It might seem like a lot of trouble to go to, but it depends how much the OP wants their £70 back or wants to prove the shop wrong.  I'd like to prove the shop wrong.  (I'm also a bit surprised that the shop is going to so much trouble and hasn't just already refunded the OP?)

born_again

As above. Not one mention of waterproof..

Cotswold Compass Neoprene Lined Wellington Boots.

The Cotswold Compass wellington boot is made from premium rubber with an enhanced sole and an internal gusset for improved fit and added flexibility. The 3mm neoprene lining will keep your feet warm during cooler months. Finishing details include:

• Upper: Rubber.
• Lining: Neoprene Lined.
• Sole: Removable comfort insole.
• Internal gusset.
• Multi texture grip.
• Self-cleaning cleats with excellent water run off.
• Increased surface area with rounded heel for added comfort.
• Heel kick.
• Excellent slip resistance.

MattMattMattUK

born_again said:

As above. Not one mention of waterproof..

Cotswold Compass Neoprene Lined Wellington Boots.

The Cotswold Compass wellington boot is made from premium rubber with an enhanced sole and an internal gusset for improved fit and added flexibility. The 3mm neoprene lining will keep your feet warm during cooler months. Finishing details include:

• Upper: Rubber.
• Lining: Neoprene Lined.
• Sole: Removable comfort insole.
• Internal gusset.
• Multi texture grip.
• Self-cleaning cleats with excellent water run off.
• Increased surface area with rounded heel for added comfort.
• Heel kick.
• Excellent slip resistance.

I am not sure that they would need to state "waterproof" as the definition of Wellington Boots is that they are waterproof.

lisyloo

PayPal offer a disputes process. The time limit is 180 days.
as others have said theres no mention of waterproof however PayPal are arbiter and it’s not really possible to say which way they’d do.
my feeling is they don’t always come up with a fair resolution often in favour of the buyer,

if it were me I’d try a phone video first then a PayPal dispute and not take too long about doing it.