Sports Direct ignoring Consumer Rights.....

plodder53

Thoughts please...  Bought a pair of Adidas suede trainers for my daughter end of July 25 cost £41 from Sports Direct in store.  Worn only a couple of times on holiday in August which is evident by the lack of any wear on them.  However, the material has pulled apart on the right shoe, by the toe, which is a clear and obvious fault with the shoe. Partner goes to store to return and claim a refund as they are faulty.  Store staff say they can offer an exchange or a credit note, but my partner insists on a refund.

Store assistant calls manager over as this is apparently their process.  He looks at the shoe and states in his opinion, that they aren't faulty and that we have deliberately damaged them.  He refuses to back down and my partner leaves the store, somewhat angry and upset with the way the situation has been handled.

I go with her the following weekend to try and resolve the situation.  This time we meet with a different supervisor who refuses to override the original store managers decision.  We then spend the next 15 minutes discussing with them the Consumer Rights Act and give them a copy, of which they say they are fully aware of, but will not be refunding!!

At the end of the day it is only £41 and not £200, but it is the principle of it and the company blatantly refusing to comply.

I have complained to the Company about the way my partner was dealt with, but this can only be done by online chat now.  Although very sympathetic and apologising for the way we had been treated, they too said they had no power to overrule a store decision, even with photographic proof.

I have drafted a Money Claim via GOV.UK but before I hit send and part with my £35 fee has anyone had the same issues when trying to return faulty goods at Sports Direct recently and have you been successful in getting your money back, or is everyone having to battle this hard with them??

DE_612183

why didn't you accept the exchange or credit note?

Alderbank

DE_612183 said:

why didn't you accept the exchange or credit note?

That's a good question.

@plodder53, what date in July did you buy the trainers and what date did your partner go back to the store to claim they were faulty?

ButterCheese

DE_612183 said:

why didn't you accept the exchange or credit note?

Exactly this.  Their initial offer was entirely fair and reasonable in my opinion.  I've not dealt with them for any returns, but I did buy 1 thing at £13 that I didn't realise were 2-for-£20.  So I went back and said can I have another for £7 extra and they were fine about it.  Also bought a £65 suitcase (this was a different store) and they were very thorough in going through everything with me, opening it up and checking that the locks worked etc.

I think maybe you are so annoyed that they split, it has clouded your judgement of the whole situation.  You want justice, and I understand why because I too have those moments, but their offer of an exchange or store credit was not below the standard I'd expect from anywhere else really.

Exodi

DE_612183 said:

why didn't you accept the exchange or credit note?

I guess an idealist would say "they shouldn't have to", whereas I'm probably more of a pragmatist and would agree they should have accepted the credit note.

OP has somehwat confirmed they are in the former camp, with the infamous phrase "it is the principle" - and you see many willing to die on the sword of principle on this forum.

Personally, I think there's bigger battles to focus on, however it is the OP's decision.

Realistically, if SportsDirect are not willing to honour the OP's statutory rights, for one reason or another, (and I'd attempt to get this in writing by making one final appeal to their online customer service team), then the OP will need to appeal to the courts.

Personally I disagree with your assessment that it's "a clear and obvious fault with the shoe". As a fellow layperson, it looks to me like it has potentially been caught/punctured on something. It doesn't look like the fabric has pulled away from the sole.

Isthisforreal99

Sports Direct are notorious for poor customer service but, on this occasion, I agree with them - there is nothing clear and obvious that there was a fault. Agree with Exodi that it looks like it has caught on something to rip the fabric.

I would have taken the credit.

born_again

plodder53 said:

Thoughts please...  Bought a pair of Adidas suede trainers for my daughter end of July 25 cost £41 from Sports Direct in store.  Worn only a couple of times on holiday in August which is evident by the lack of any wear on them.  However, the material has pulled apart on the right shoe, by the toe, which is a clear and obvious fault with the shoe. Partner goes to store to return and claim a refund as they are faulty.  Store staff say they can offer an exchange or a credit note, but my partner insists on a refund.

Store assistant calls manager over as this is apparently their process.  He looks at the shoe and states in his opinion, that they aren't faulty and that we have deliberately damaged them.  He refuses to back down and my partner leaves the store, somewhat angry and upset with the way the situation has been handled.

I go with her the following weekend to try and resolve the situation.  This time we meet with a different supervisor who refuses to override the original store managers decision.  We then spend the next 15 minutes discussing with them the Consumer Rights Act and give them a copy, of which they say they are fully aware of, but will not be refunding!!

At the end of the day it is only £41 and not £200, but it is the principle of it and the company blatantly refusing to comply.

I have complained to the Company about the way my partner was dealt with, but this can only be done by online chat now.  Although very sympathetic and apologising for the way we had been treated, they too said they had no power to overrule a store decision, even with photographic proof.

I have drafted a Money Claim via GOV.UK but before I hit send and part with my £35 fee has anyone had the same issues when trying to return faulty goods at Sports Direct recently and have you been successful in getting your money back, or is everyone having to battle this hard with them??

TBH. That does not like it has pulled away, as you can still see material attached to sole. Looks more like it's been cut or caught on something sharp.

Ergates

plodder53 said:

However, the material has pulled apart on the right shoe, by the toe, which is a clear and obvious fault with the shoe. Partner goes to store to return and claim a refund as they are faulty.  Store staff say they can offer an exchange or a credit note, but my partner insists on a refund.

A retailer is entitled to one attempt to replace or repair a faulty item - you cannot insist of a refund initially.  Well, you *can* insist on one, but the CRA doesn't support you in this.

If that repair or replacement doesn't fix the issue (i.e. in this case, the fault occurs again) - at that point you can insist on a refund.

So, in that regard, the stores policy is correct - if you accept  "an exchange or a credit note" are the same as a "replacement".

eskbanker

plodder53 said:

Store staff say they can offer an exchange or a credit note, but my partner insists on a refund.

Has this offer been withdrawn now that it's been escalated to management, who've taken the view that it's customer-inflicted damage rather than an inherent fault?  I'd assume so, but perhaps worth checking?

Ergates

born_again said:

plodder53 said:

Thoughts please...  Bought a pair of Adidas suede trainers for my daughter end of July 25 cost £41 from Sports Direct in store.  Worn only a couple of times on holiday in August which is evident by the lack of any wear on them.  However, the material has pulled apart on the right shoe, by the toe, which is a clear and obvious fault with the shoe. Partner goes to store to return and claim a refund as they are faulty.  Store staff say they can offer an exchange or a credit note, but my partner insists on a refund.

Store assistant calls manager over as this is apparently their process.  He looks at the shoe and states in his opinion, that they aren't faulty and that we have deliberately damaged them.  He refuses to back down and my partner leaves the store, somewhat angry and upset with the way the situation has been handled.

I go with her the following weekend to try and resolve the situation.  This time we meet with a different supervisor who refuses to override the original store managers decision.  We then spend the next 15 minutes discussing with them the Consumer Rights Act and give them a copy, of which they say they are fully aware of, but will not be refunding!!

At the end of the day it is only £41 and not £200, but it is the principle of it and the company blatantly refusing to comply.

I have complained to the Company about the way my partner was dealt with, but this can only be done by online chat now.  Although very sympathetic and apologising for the way we had been treated, they too said they had no power to overrule a store decision, even with photographic proof.

I have drafted a Money Claim via GOV.UK but before I hit send and part with my £35 fee has anyone had the same issues when trying to return faulty goods at Sports Direct recently and have you been successful in getting your money back, or is everyone having to battle this hard with them??

TBH. That does not like it has pulled away, as you can still see material attached to sole. Looks more like it's been cut or caught on something sharp.

It doesn't seem like a cut to me - the edges are too uneven.  Looks more like a tear that has started at the bottom of the upper.   I've seen holes like that appear in shoes - but only after a long time.

Exodi

Ergates said:

born_again said:

plodder53 said:

Thoughts please...  Bought a pair of Adidas suede trainers for my daughter end of July 25 cost £41 from Sports Direct in store.  Worn only a couple of times on holiday in August which is evident by the lack of any wear on them.  However, the material has pulled apart on the right shoe, by the toe, which is a clear and obvious fault with the shoe. Partner goes to store to return and claim a refund as they are faulty.  Store staff say they can offer an exchange or a credit note, but my partner insists on a refund.

Store assistant calls manager over as this is apparently their process.  He looks at the shoe and states in his opinion, that they aren't faulty and that we have deliberately damaged them.  He refuses to back down and my partner leaves the store, somewhat angry and upset with the way the situation has been handled.

I go with her the following weekend to try and resolve the situation.  This time we meet with a different supervisor who refuses to override the original store managers decision.  We then spend the next 15 minutes discussing with them the Consumer Rights Act and give them a copy, of which they say they are fully aware of, but will not be refunding!!

At the end of the day it is only £41 and not £200, but it is the principle of it and the company blatantly refusing to comply.

I have complained to the Company about the way my partner was dealt with, but this can only be done by online chat now.  Although very sympathetic and apologising for the way we had been treated, they too said they had no power to overrule a store decision, even with photographic proof.

I have drafted a Money Claim via GOV.UK but before I hit send and part with my £35 fee has anyone had the same issues when trying to return faulty goods at Sports Direct recently and have you been successful in getting your money back, or is everyone having to battle this hard with them??

TBH. That does not like it has pulled away, as you can still see material attached to sole. Looks more like it's been cut or caught on something sharp.

It doesn't seem like a cut to me - the edges are too uneven.  Looks more like a tear that has started at the bottom of the upper.   I've seen holes like that appear in shoes - but only after a long time.

Maybe, maybe not, but I think what we can agree on is that it's not clearly and obviously a manufacturing fault, as the OP suggests. The only reason I drew attention to it is peoples views are often distorted by their own bias, but as fellow laypeople, perhaps as evidenced by this thread, it's not clear or obvious.