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Faulty boots, shop asking me to jump through hoops

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  • bootsandblisters
    bootsandblisters Posts: 18 Forumite
    10 Posts Name Dropper
    The boots are not fit for purpose and they need to refund - no quibbles.  Not sure on the online purchase but the sales of goods act is that you sales contract is with seller not manufacturer so don't let them go down that route - it is for them to refund and do what ever they want with factory. I would look for their fb page and every associated page you can think of and start leaving reviews, stating can't get refunds (that wakes them up).  It is better to purchase online with CC, then if a site is dodgy they don't have access to all your bank details and therefore funds.

    Really helpful, thank you
  • bootsandblisters
    bootsandblisters Posts: 18 Forumite
    10 Posts Name Dropper
    Okell said:
    I've been Munroing on and off in Scotland for over 30 years and I swear by a liberal and frequent application of Nikwax on my boots.  (I even have a 30 year old pair of Zamberlan Ultralites that were retired from hill walking over 20 years ago but are still waterproof and are my "go to" footwear when it snows at home).

    But if @Arunmor is a stalker or something in the Highlands I'll defer to his opinion that Mink oil(?) is the answer.

    I don't think I'd be happy with boots that have a plastic(?) inner.

    Okell said:
    application of Nikwax on my boots. 



    I don't think I'd be happy with boots that have a plastic(?) inner.
    Nikwax is my goto treatment - it still keeps alive the boots I received for my 18th Birthday.

    I also would not like the plastic liner - it would be certain to create humid conditions inside the boot.

    Thanks both, it's a plastic liner in the sense that's it's synthetic fur = polyester = plastic.

    Mink oil/Nikwax on my to buy list. I'm a forester and my work boots could definitely do with a bit of help!
  • Skiddaw1
    Skiddaw1 Posts: 2,274 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    Okell said:
    I've been Munroing on and off in Scotland for over 30 years and I swear by a liberal and frequent application of Nikwax on my boots.  (I even have a 30 year old pair of Zamberlan Ultralites that were retired from hill walking over 20 years ago but are still waterproof and are my "go to" footwear when it snows at home).

    But if @Arunmor is a stalker or something in the Highlands I'll defer to his opinion that Mink oil(?) is the answer.

    I don't think I'd be happy with boots that have a plastic(?) inner.

    As a fellow hill-walker I quite agree (though I use Miendl wax being as I'm a dyed in the wool Miendl girl  :)).

    Good luck OP- the boots are clearly not fit for purpose. 
  • born_again
    born_again Posts: 20,504 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    The boots are not fit for purpose and they need to refund - no quibbles.  Not sure on the online purchase but the sales of goods act is that you sales contract is with seller not manufacturer so don't let them go down that route - it is for them to refund and do what ever they want with factory. I would look for their fb page and every associated page you can think of and start leaving reviews, stating can't get refunds (that wakes them up).  It is better to purchase online with CC, then if a site is dodgy they don't have access to all your bank details and therefore funds.
    What different details do you think they get using a debit card over a credit card?
    Both use the 16 digit card number (CVV not saved) so either card method gives retailer exactly the same details. 🤷‍♀️🤷‍♀️
    If OP used Pay Pal as mention in one of their posts, then there are no bank details at all...
    Life in the slow lane
  • Okell
    Okell Posts: 2,657 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 4 July at 11:20PM
    The boots are not fit for purpose and they need to refund - no quibbles.  Not sure on the online purchase but the sales of goods act is that you sales contract is with seller not manufacturer so don't let them go down that route - it is for them to refund and do what ever they want with factory. I would look for their fb page and every associated page you can think of and start leaving reviews, stating can't get refunds (that wakes them up).  It is better to purchase online with CC, then if a site is dodgy they don't have access to all your bank details and therefore funds.

    Really helpful, thank you
    Just to say it it's no longer the Sale of Goods Act, it's the Consumer Rights Act 2015

    See s9 (Goods to be of satisfactory quality) and s11 (goods to be as described)

    Your boots would seem to meet neither requirement

    And under s19(14) of the legislation, any fault that manifests itself within 6 months after delivery is legally deemed to have been present at purchase unless the seller can prove otherwise.

    Go to the seller armed with this legal ammunition.  The seller is entitled to one attempt either to repair or to replace the goods.  If the repair/replacement also fails, you are entitled to a refund.  (But after 6 months from purchase the seller can reduce your refund to reflect the use - if any! - you have had from the boots.)

    You can ask for a refund, but be aware at this stage the seller can opt either to repair or to replace.  I presume your least desired outcome would be a repair?
  • bootsandblisters
    bootsandblisters Posts: 18 Forumite
    10 Posts Name Dropper
    Thanks everyone, really appreciate all the comments. Had a really good look at the boots yesterday and the sole is coming away from the leather around the sides  I hadn't noticed before but it's enough to see the stitching, which i assume is how water is getting in. I guess they'll prob do a crappy repair job and return them, but I'm now armed with knowledge of my rights thanks to you all, so will push back when I need to. Thanks again
  • Okell
    Okell Posts: 2,657 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Your complaint  is under s9 (goods must be of satisfactory quality) of the Consumer Rights Act 2015 *.

    Any problems that arise within 6 months of purchase are legally presumed to have been present at purchase and are a breach of contract under the legislation, unless the seller can prove otherwise (eg that you've damaged the boots through misuse)

    At this stage you can ask for a replacement pair but the seller can elect to repair if they consider replacement to be "disproportionate" as compared to repair.

    Of course you can press strongly for a replacement pair (or even a refund if you want one) but be aware that at the moment you are only legally entitled to repair or replacement, and it's basically the seller's choice which you get.

    If the repair/replacement also fail, you are then legally entitled to a refund, but after 6 months from the original purchase the seller can reduce your refund to reflect the use you've had of the boots


    *Not the Sale of Goods Act which somebody mistakenly mentioned earlier.
  • Back with an update and to see what you all think of the reply I got. I sent the following email:

    Thanks for your reply. Apologies for the delay in getting back to you, I’ve been unwell and not going out much. I wanted to be able to provide images of what my feet look like after wearing the boots.

    Please find attached the following images:

    • Images of the boots – both as the problem is with both
    • Images of where I think the problem is – the rubber tread has come away from the boot in places and the stitching is visible. I think this is why water ingress occurs.
    • Pictures of the label – it’s illegible in both boots as a result of them being worn. I’ll repeat that I haven’t worn them that much and the fact that the label has worn off at such an early point is not my fault.
    • I’ve included a picture of the box label which I assume carries the same serial number as in the actual boots.
    • An image of my wet feet after wearing them. I haven’t included images of the blisters I incurred as a result.

    I really want to deal with this in a friendly way, but I must remind that under the Consumer Rights Act 2015, my contract is with Country & Stable as the seller, not Mountain Horse as the manufacturer. Country & Stable need to address the issue - repair, replace or refund – directly with me. Any pursuit of warranty with Mountain Horse is between Country & Stable and Mountain Horse.

    The issue I contacted you about falls under Section 9 (Goods to be of satisfactory quality) and Section 11 (goods to be as described) of the act, and has been present since I started wearing the boots; as I mentioned previously, I initially thought it was due to my feet sweating, but it is clearly water ingress. As it’s not practical for me to continue wearing these boots I have had to purchase wellies to wear in the meantime, however these are impractical for anything but short-term use, so I am in need of a resolution as soon as possible.

    --------------------------------------------------------------------------------------------------------
    Their reply below:

    Thank you for providing the images as requested.

    We have now raised this issue with the manufacturer and will be in contact once we have received a response.

    Unfortunately, when items flag items as faulty, we are bound by the manufacturer's guidelines and rulings when it comes to investigating the fault and issuing replacements or refunds. We are only able to offer refunds or replacements once the manufacturers have issued us with the correct confirmation stating that they have requested that we do so.

    Our processes correctly follow legal guidelines regarding your statutory rights and are agreed to by all customers at the time of purchase.

    We thank you for your patience while we await the manufacturers response.

    If we can be of any further assistance in the meantime, please do not hesitate to contact us.


    Should I respond? If so, how?

  • m0bov
    m0bov Posts: 2,709 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You have to give them reasonable time, I'd say 28 days to resolve.
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