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Cheshire Chestnut

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I was bought some fairly expensive stable boots for my birthday (they were £89, not leather riding boots but stable boots), meant to be warm, good quality and waterproof from a well known horse riders label. I have saved them for the cold weather as they were miles to warm to wear in the summer and I've worn them about 10 times at the very most and they've let loads of water in, making the soles inside fall apart!

I took them straight back to the shop, admitting I didn't have the receipt as they were a present but they were bought using a discount card (similar to a 'Boots Advantage card, used to collect points) so they were able to see they were purchsed from them, however they have told me because it's over 30 days I can't have my money back or a new pair.

I pointed out that the manufacturer allows a 6 month warrenty on their products for faults, however the rude manager in the shop has just simply told me 'They are not suitable for outdoor use in wet weather and therefore it is not the boot's fault you stood in a puddle'. They are on the manufacturer's website advertised as waterproof so I rang them but because I didn't buy them direct from them, they can't help me unless the retailer sends them back for me and they made it quite clear they weren't going to do that.

So, here I am with some £90 boots that I can't wear and will have to buy some more from somewhere else. I just feel sometimes you work so hard for your money and everyone makes you feel as though they rob you of it! **angry face**
 
Go back to the retailer again and calmly explain that they have to send them back to the manufacturer for you. tell them that yu will inform trading standards if they dont agree to either send the boots back or replace them themselves. if that fails then get trading standards involved to put some pressure on the retailer.

They are clearly not fit for the purpose and therefore in breach of sale of goods act.
 
As others have said re trading standards and i would ring your local yrading standards before hand so you can quote chapter and verse to shop :) go prepared with all info on your rights :)
 
I really will do that - it takes the mick. I stopped myself from losing it with them when I was in before with it being a Saturday and full of other customers waiting to be served behind me. Not one to cause a scene. Apparently if I want to argue with their policy I have to write to their head office and complain that way. The manufacturer has said they would happily investigate them if the retailer returns them because they aren't happy one of their products is faulty. The thing is, by the time I've written a letter to the retailer's head office and waited for a response (they have 30 days), then the 6 month manufacturers warrenty will have ended :(
 
Cheshire Chestnut said:
I really will do that - it takes the mick. I stopped myself from losing it with them when I was in before with it being a Saturday and full of other customers waiting to be served behind me. Not one to cause a scene. Apparently if I want to argue with their policy I have to write to their head office and complain that way. The manufacturer has said they would happily investigate them if the retailer returns them because they aren't happy one of their products is faulty. The thing is, by the time I've written a letter to the retailer's head office and waited for a response (they have 30 days), then the 6 month manufacturers warrenty will have ended :(
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If their policy is that you have to contact the manufacturer, it does not comply with the law (Sale of Goods act). Take them back when you are not in a rush, ask to speak to the manager and insist that he telephones their head office while you wait - speak to them yourself if he can't get them to approve a refund or replacement. Mention Trading Standards and The Sale of Goods Act (I think it is 1979, but check on line) and point out that your contract is with them, the retailer and they are legally obliged to refund or replace for goods which are not fit for purpose and do not last a "reasonable" length of time. It is unreasonable for them to say that yard boots should not be got wet - and tell them that too. Good luck - you need to go into Rottweiler mode but be assertive rather than aggressive and confident of your position and your facts.
 
Under the Sale of Goods Act the contract is between the purchaser and the seller, but the OP has said that they were purchased as a present so the OP doesn't have the receipt.
The OP will therefore need to get the person that bought the present to go into the shop to get the seller to replace or refund the money. That person can then do as JillA says, I would also be tempted to threaten them with the smalls claims court and copy in the manufacturer on what is going on as they may not want the bad press.
 
Lizzie66 said:
Under the Sale of Goods Act the contract is between the purchaser and the seller, but the OP has said that they were purchased as a present so the OP doesn't have the receipt.
The OP will therefore need to get the person that bought the present to go into the shop to get the seller to replace or refund the money. That person can then do as JillA says, I would also be tempted to threaten them with the smalls claims court and copy in the manufacturer on what is going on as they may not want the bad press.
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This is correct, only the purchaser can pursue it unless the shop agrees to deal with the recipient third party. Currently there is no contract between the OP and the shop or manufacturer.
 
I returned a pair of wellies in the Feb (they started to leak), they had been bought for my birthday in the December, I didn`t have a receipt, but the shop offered refund/replace them for me there and then. Keep at it for sure, and definitely ask to speak with a manager :)
 
I would have said that a busy Saturday, with lots of other customers present, was the perfect time to create a scene! Go back and insist that they send them back to the manufacturer for you.
 
Thanks everyone, venting to you has helped a get me in the right frame of mind to get this sorted. They made me feel as though I was in the wrong but I didn't think I was, so your comments have reassured me. It was my mum who bought me the boots and she lives 210 miles away but if they are going to play that card then she said she'd travel just to win the argument! Go mum! :)

I am going back on Friday, the manager isn't there until then so I hope he's waiting for me - I'm going to be clued up on all the relevant acts and legislation by the time I get there!
 
Give it up as a bad job and just tell them that you have put the name of the boots on the internet, where they were bought etc:- And that a lot of people read the forum you have put the name of the boots on and the company. :D
 
This is not new, 30 + yrs ago I had to stage a sit in at a furniture shop when the goods arrived damaged, the manager refused to discuss it with me, hence the sit in, he threatened to get the police, I just said do it, my hubby will get the press here, I got my money back, it does help to know your rights
 
I can guess which shop this is!

I would definately pursue it. My Dad bought some country boots from them and within 6 mths they had deteriorated and were unwearable. Dad took them back and they replaced them immediately with a much new version!

To be fair, my Dad said it was a young girl that served him and their was no Manager around so she might well have got in trouble afterwards!
 
Do it, for everyone one of us who has ever been fobbed off in this way! I once tried to return a pair of sandals to Marks and Spencer when the sole cracked in half after a week of wearing them, only to be asked what I had been doing in them - apparently they were not made for walking in and thus I couldn't have money back or replacement. As stupid as saying your yard boots were not made to get wet.
 
Def print of the page from manufacturer website showing that they are supposed to be waterproof. Take whatever proof of purchase you can. You do have to proof they are/were the retailer.

Your warranty is from the point of sale and if you have complained within the 6 months they have to honour it, 6 months is not the time they have to have replaced them by. You complained last week so you have started your complaint within the 6 months. Over 30 days they can repair for you-you don't have to accept, but there is new consumer law about to come in under sales of goods act, which mean that you are entitiled to a replacement or money back and that you don't have to accept a repair.

Trading standards complaint is also good.
 
I bought my mum some country boots in November last year which started to leak when she wore them again this winter, I spoke to Mole Valley Farmers where I bought them from and they were great, they sent a courier to collect them and sent them back to the manufacturer Toggi who inspected them and agreed that they were faulty and I got a full refund.

I would try again in store and also call as you may get to speak to someone different who knows what they are doing but keep at it, they really should take them back and if necessary send them onto the manufacturer.
 
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