Refund refused due to excessive wear

eskbanker

Pippa11 said:

I also note it says paragraph 9 does not apply if they have not provided information on the right to cancel - I can’t see this stated  in their returns info page, does this mean that para 9 therefore does not apply? Or am I missing it? (Not allowed to post a link) 

This is the point that @Okell raised at 15:25 above, i.e. no deductions allowed if there's no information about the right to cancel - I don't see any such information from a quick look at their site, so that would strengthen your case for a full refund.

Grumpy_chap

Pippa11 said:

He tried them at home but they were too small 

We have hard floors so I accept a small amount of rubbing of the sole may have occurred 

Pippa11 said:

Photo they sent of the ‘damage’

That photo appears to show rubbing all along the whole length of the sole and also the inside curve of the shoe.  Possibly as one might expect if the shoes had been worn for a session on a climbing wall.  Pressing in a using the friction from the rubber for grip to climb, and squeezing foot against the imitation rocks to gain sufficient purchase.

If the shoes were tried on at home, even on a hard floor, particularly shoes that are too small, I would normally put the shoes on and do a handful of light steps.  The extent of "scrubbing" the sole would be virtually zero and almost certainly there would be no marks to the inside upper.

Pippa11

Grumpy_chap said:

Pippa11 said:

He tried them at home but they were too small 

We have hard floors so I accept a small amount of rubbing of the sole may have occurred 

Pippa11 said:

Photo they sent of the ‘damage’

That photo appears to show rubbing all along the whole length of the sole and also the inside curve of the shoe.  Possibly as one might expect if the shoes had been worn for a session on a climbing wall.  Pressing in a using the friction from the rubber for grip to climb, and squeezing foot against the imitation rocks to gain sufficient purchase.

If the shoes were tried on at home, even on a hard floor, particularly shoes that are too small, I would normally put the shoes on and do a handful of light steps.  The extent of "scrubbing" the sole would be virtually zero and almost certainly there would be no marks to the inside upper.

He definitely didn’t go climbing in them, we live in a relatively rural area and our nearest climbing gym is around 35 minutes drive away so he can only go if we take him! 

swingaloo

They certainly don't look like the photos of new ones though, I think that's why the company are digging in.

the_lunatic_is_in_my_head

Funny the seem to explain faulty goods pretty well but fail on cancellation rights, simply 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

Send them a letter before action, templates on Google.

Pippa11

This is their reply today, can I refuse to accept the shoes back? 

eskbanker

I hadn't spotted that wording within their returns policy - confirming the customer's right to cancel would normally be in a section of its own rather than being buried within a 'return details' section, but I don't know if it would reasonably be interpreted as satisfying the information requirements of s34(11) ("where a right to cancel exists, the conditions, time limit and procedures for exercising that right").

On what date were the shoes delivered, i.e. are you still within the 14 day window for notifying them of cancellation?

the_lunatic_is_in_my_head

Terms don’t comply any way so cancellation period is 1 year and 14 days.

Pippa11

eskbanker said:

I hadn't spotted that wording within their returns policy - confirming the customer's right to cancel would normally be in a section of its own rather than being buried within a 'return details' section, but I don't know if it would reasonably be interpreted as satisfying the information requirements of s34(11) ("where a right to cancel exists, the conditions, time limit and procedures for exercising that right").

On what date were the shoes delivered, i.e. are you still within the 14 day window for notifying them of cancellation?

We sent the shoes back on 2/10 so they would have been received at the end of September, pretty sure just outside the 14 days now. 

Pippa11

I’m not sure where to go from here, I don’t want the shoes back but they sound like they will not change their minds. If I send them a letter before action I’m not sure it will make any difference. To make matters worse my son paid for them and doesn’t have a credit card so they were paid by debit card so no chance of claiming that way. It’s all making me very stressed!