clarks shoes- one wrong size and other pair different colour to advert-8 months on since purchased

charb56

My elderly mother ordered 2 pairs of clarks shoes full price online last august. one pair had one shoe that felt very loose despite wearing thick socks etc and she gave up on them,they have been barely worn. we decided to look at them again before giving to charity-and found that actually the shoe is a size bigger than the other.
the other pair were advertised as black shoes, but have a blue insert in part of the heel and she hates them, they have never been worn . I have only just heard this.
I've looked at clarks faulty goods policy and it says 6 months to return. we are 8 months now.
is there any other consumer rights we can use to either get replacement or refund? I would like to know before I contact customer services/complaints depts.

the_lunatic_is_in_my_head

No time limit to raise an issue, with the odd pair of shoes it should be an obvious issue and they should replace or if they can’t refund instead (refund may be reduced after 6 months to account for ownership).

With the other pair if you have photos from the original order and they aren’t the same as the images then again it should be straightforward.

If Clarks resist just point out there is no time limit for the consumer to raise that the goods do not conform to the contract (in this case don’t match the description)

p00hsticks

I think you're going to struggle to explain why the faults weren't noticed immediately upon receipt and returned straight away for a refund or replacement.

Whilst I think that the fact that one 'pair' consists of different sizes would be considered a fault, I'm not sure about the other, if the only non-black part was just an insert on the heel - was there no illustration or description of the shoes online that showed or mentioned this insert ? Even if a style feature rather than a fault, as an online purchase your mother had 14 days frm receipt to return them simply as a change of mind or 'not as described', but that has been well exceeded.

In my laymans opinion, your only hope is to appeal to the good will of customer services...

the_lunatic_is_in_my_head

p00hsticks said:

I think you're going to struggle to explain why the faults weren't noticed immediately upon receipt and returned straight away for a refund or replacement.

Whilst I think that the fact that one 'pair' consists of different sizes would be considered a fault, I'm not sure about the other, if the only non-black part was just an insert on the heel - was there no illustration or description of the shoes online that showed or mentioned this insert ? Even if a style feature rather than a fault, as an online purchase your mother had 14 days frm receipt to return them simply as a change of mind or 'not as described', but that has been well exceeded.

In my laymans opinion, your only hope is to appeal to the good will of customer services...

OP doesn’t have to explain why it wasn’t noticed but the answer appears to be obvious  from what the OP has said.

There is no 14 day limit to return goods that are not as described.

Clarks website states goods must be returned in their original condition when cancelling the contract which isn’t correct, I think OP (or whoever made the the purchase) will have 1 year and 14 days to change their mind.

Ergates

charb56 said:

My elderly mother ordered 2 pairs of clarks shoes full price online last august. one pair had one shoe that felt very loose despite wearing thick socks etc and she gave up on them,they have been barely worn. we decided to look at them again before giving to charity-and found that actually the shoe is a size bigger than the other.
the other pair were advertised as black shoes, but have a blue insert in part of the heel and she hates them, they have never been worn . I have only just heard this.
I've looked at clarks faulty goods policy and it says 6 months to return. we are 8 months now.
is there any other consumer rights we can use to either get replacement or refund? I would like to know before I contact customer services/complaints depts.

A shoe being described as "black" doesn't preclude it from having parts that aren't black.  So unless you have a photo from when they were ordered that clearly shows no black insert in the heel then you'll struggle with that one.

Ergates

the_lunatic_is_in_my_head said:

Clarks website states goods must be returned in their original condition when cancelling the contract which isn’t correct, I think OP (or whoever made the the purchase) will have 1 year and 14 days to change their mind.

IT also says "This is in addition to and does not affect your statutory rights", so I don't think that tack will work.

Shoes being described as "black" does not preclude them from having parts that aren't black, so i don't think a "not as described" would fly either, unless the OP can find a photo which clear shows no black insert in the heal.

the_lunatic_is_in_my_head

Ergates said:

the_lunatic_is_in_my_head said:

Clarks website states goods must be returned in their original condition when cancelling the contract which isn’t correct, I think OP (or whoever made the the purchase) will have 1 year and 14 days to change their mind.

IT also says "This is in addition to and does not affect your statutory rights", so I don't think that tack will work.

Shoes being described as "black" does not preclude them from having parts that aren't black, so i don't think a "not as described" would fly either, unless the OP can find a photo which clear shows no black insert in the heal.

To be fair I did say if the OP has the original images and the shoes don't match it should be straightforward which is different to saying a shoe sold as black with a bit of blue on isn't as described  

I checked the T&Cs regarding cancelling the contract rather than their return policy

https://www.clarks.co.uk/termsandconditions

Right to cancel this agreement

Under the Consumer Contracts regulations 2013, you have the right to cancel your agreement with Clarks within a period of 14 calendar days. This period begins the day after you receive the goods. Please contact us as soon as possible to notify us of your cancellation request. If your order has already been dispatched then you will need to either refuse delivery or return the goods. Find further details in our Returns Policy. Refunds will be processed within 14 days of receipt of the product. Goods must be returned before a refund will be processed and the product must be returned in its original condition. 

This links the right to cancel the contract to the condition of the goods which isn't permitted. 

bris

Acceptance has clearly taken place, especially with the black shoes.

An OAP and goodwill with the other pair may be a way but after this time it's doubtful they will accept the claim.

the_lunatic_is_in_my_head

bris said:

Acceptance has clearly taken place, especially with the black shoes.

An OAP and goodwill with the other pair may be a way but after this time it's doubtful they will accept the claim.

There is no concept of acceptance under the CRA, if it's demonstrated that the goods do not conform they don't have a choice but to provide a remedy.