Footwear warranty?

Ctw1986

I purchased a pair of mens boots on the 27th of May 2021 through Ebay that were subsequently delivered on the 7th of June. The sole has started to disintegrate and come away from the boot. If I'm right I think footwear warranty does not cover general wear and tear which I accept, however this problem is not down to wear and tear in my opinion. Is it a case that these boots could be classed as a manufacturing defect or product not fit for purpose? I'd like to know what my rights are before contacting the Ebay seller.

cx6

Well clearly a sole should not disintegrate after 9 months so your route is to go back to the seller and ask for a refund (or repair but that is unlikely to happen)

Your problem might be getting the refund. If a reputable company you might have no problem, but otherwise you might get nowhere and eBay is unlikely to help after this time.

soolin

You have no rights at all through eBay nor PayPal, you can try for a goodwill gesture from a seller . As for consumer rights check out the sub board here in MSE, after 9 months you might struggle anyway so know what your rights are before you tackle anything.

I’m assuming these were were brand new and sold by a business seller and not a private seller. 

There’s a helpful post here

https://forums.moneysavingexpert.com/discussion/6290638/consumer-rights-sticky#latest

jon81uk

private seller or business?

Private sale and you have no recourse, it is sold as seen.

Business seller and your consumer rights apply and the goods should last a satisfactory amount of time, but once over six months old the burdon is on the customer to prove it is a manufacturing error or similar and not just standard wear and tear or damage.

theonlywayisup

jon81uk said:

private seller or business?

Private sale and you have no recourse, it is sold as seen.

Business seller and your consumer rights apply and the goods should last a satisfactory amount of time, but once over six months old the burdon is on the customer to prove it is a manufacturing error or similar and not just standard wear and tear or damage.

Just to add, it isn't quite that straight forward.  If it is a business seller then the seller needs to trade in the UK to come under UK legislation.  If they are in China for example, then the buyer has to look at what rights they may have under their laws, not ours. 

Pollycat

Ctw1986 said:

I purchased a pair of mens boots on the 27th of May 2021 through Ebay that were subsequently delivered on the 7th of June. The sole has started to disintegrate and come away from the boot. If I'm right I think footwear warranty does not cover general wear and tear which I accept, however this problem is not down to wear and tear in my opinion. Is it a case that these boots could be classed as a manufacturing defect or product not fit for purpose? I'd like to know what my rights are before contacting the Ebay seller.

What brand are they?
This seems to be something that sometimes happens with Ecco and Clarks, possibly other brands.
There have been a few threads regarding this.

jon81uk

theonlywayisup said:

jon81uk said:

private seller or business?

Private sale and you have no recourse, it is sold as seen.

Business seller and your consumer rights apply and the goods should last a satisfactory amount of time, but once over six months old the burdon is on the customer to prove it is a manufacturing error or similar and not just standard wear and tear or damage.

Just to add, it isn't quite that straight forward.  If it is a business seller then the seller needs to trade in the UK to come under UK legislation.  If they are in China for example, then the buyer has to look at what rights they may have under their laws, not ours. 

Yes that is true they do need to be UK based for our consumer laws to apply!

Ctw1986

Pollycat said:

Ctw1986 said:

I purchased a pair of mens boots on the 27th of May 2021 through Ebay that were subsequently delivered on the 7th of June. The sole has started to disintegrate and come away from the boot. If I'm right I think footwear warranty does not cover general wear and tear which I accept, however this problem is not down to wear and tear in my opinion. Is it a case that these boots could be classed as a manufacturing defect or product not fit for purpose? I'd like to know what my rights are before contacting the Ebay seller.

What brand are they?
This seems to be something that sometimes happens with Ecco and Clarks, possibly other brands.
There have been a few threads regarding this.

They are Buckler boots, a great boot up until this started to happen