Consumer law/rights anyone?

[The devil's own]

Just writing for a bit of advice as I think I may have been shafted.
I recently bought some climbing boots only to find that one fit a lot tighter than the other, upon further inspection the said shoe appeared to be smaller than the other despite them having the same size on the inside.
I returned the shoe to the shop I bought them from and was the told that they would have to send them away to the distributor to confirm there is a fault before they could offer a replacement or refund the item. This obviously vexed me and I left the shop after losing my rag. Once I had calmed down somewhat I returned left my details for them to contact me and paid for another pair which fit correctly (which really pi**ed me off) as I needed them asap.

Now to me this doesn't sound right and I feel the shop is under obligation to return or refund the item as my contract is with them, not the distributor. And what annoys me even more is If i'd said they simply don't fit they would have exchanged/refunded them straight away but I thought I do the right thing by them and the next customer by highlighting the fault. Honesty is clearly not always the best policy.
Anyway any advice on this matter would be greatly welcomed.

Ta

[Brotherton Lad]

http://www.adviceguide.org.uk/index/...hings_go_wrong

It does seem odd that you had to pay for a second pair. I'd say the shop should have refunded you for the initial purchase, assuming the boots were still new.

[The devil's own]

Boots were new not even been on a wall. Initially tried them on in the shop at time of purchase and right one felt tighter than left but thought nothing of it as this is often what you get with climbing shoes, then when i tried to put em on at the wall i couldn't even get the right one on and the same again at home. Then on further inspection when putting the 2 shoes sole to sole you could see that the left shoe was longer than the right. I'm amazed that they say they have to have authorisation from the distributor before they can refund the item, he then had the cheak to say we could be out of pocket if I refund you and they say there is no fault. At this stage I left the store as I thought I was going to do something that may get me up sh*t creak. Once I felt calmer and returned I asked what would happen if they say there is no fault. He replied that he would speak to the company director to see if a refund could be offered out of courtesy. It seems like a ridiculous process to me.

[IanDarkpeak]

The contract is with shop. if the fault is obvious they should replace esp if they havent been used. If the fault is not obvious (to them) they do have the right to send it away for opinion from a technical expert(and you must allow them a reasonable amount of time to do this.) however given that they hadn't been used then a straight swap regardless would have been the best course of action. I used to manage 9 shops and I would expected any of my shop managers to have swapped them just for good customer service. this costs the store nothing and always gains them a customer

Getting angry or worked up never helps. always be nice and you should see a better service.

I don't know which store this is but might i suggest it is the last time you go there. If it is a chain I would send a Polite letter to the HQ explaining why you feel unable to shop there again..

[Mike T]

Your contract is with the shop - end of story - the goods were not of suitable quality = full on the spot refund.

[superflyguy]

the bloke in the shop is talking out of his ar$e!
As you say the contract is between you and the shop. The goods purchased are not fit for purpose. Therefore he should refund you and take the issue up with the manufacturer.

http://www.which.co.uk/consumer-righ...t/your-rights/

NAME AND SHAME!

[The devil's own]

No problem with naming and shaming it's the leeds wall. I won't be going there again, and it pained me to buy the replacement shoes from them today.

IDP i'm aware getting angry doesn't help and at first I tried to keep my cool, I then left when I felt I was going to lose it. I returned once calmer, and apologised for my outburst. It seems like I will get a refund eventually, I just don't see why i have to go through this ridiculous process. I've since seen there returns procedure for faulty goods:

"Returning Faulty Goods

If a fault develops on a product you purchased from our store then please send it back to us. Upon receipt we will inspect it and where necessary send it to the supplier for further inspection or repair. At each stage we will endeavour to keep you informed of the progress so that we can offer you a replacement or refund as soon as possible. If we inspect the item and it is deemed not to be faulty then it is up to you to either collect the item or pay for the postage back to yourself. Once the query is resolved we will hold your item for six weeks. If we have still not heard from you then the item will be disposed of.

If an item is deemed faulty then we will post the replacement item out to you at no extra cost although we are unable to pick up the cost of sending it to us for inspection."

Seems dodgy to me.

The store managers main concerned appeared to be the shop being out of pocket, and not me the customer. Very poor imo.

[The devil's own]

Awaiting a return call from consumer direct to see what they have to say about it.

[superflyguy]

i'll defer a definitve answer to someone who knows - probably IDP, but I don't think the 'store policy' holds any real weight. All kinds of places put similar things up to basically deter punters from complaining. At the end of the day they are all governed by the consumer rights act and as such you should have been refunded.

but i could be wrong!

[The devil's own]

What got me was the manager agreed with me that there was a difference in size, but still he said this would have to be confirmed by the distributor. I also contacted them and they said they won't issue a refund to the store until they have confirmed a fault, but it's at the discretion of the store if they want to refund me now.