Returning Trainers

Author
Discussion

blank

Original Poster:

3,462 posts

189 months

Saturday 10th April 2010
quotequote all
I bought some trainers a couple of days ago. When I tried them on, I said they were a bit tight around the base of my toes, but the assistant said they tend to wear in and they'd be OK.

I've been wearing them for a couple of days and it's got a lot worse - they really hurt to walk in. So I want to return them.

They've been worn so couldn't be re-sold to anyone, so am I likely to have any problems taking them back?


I'm thinking I've got 2 reasonable cases:

1) They're not fit for purpose - I can't even walk in the things without quite a lot of pain!!

2) They were mis-sold - the assistant said they'd wear in and they haven't.


Is this the right approach to take? Am I likely to have much of a problem?



I paid on credit card so if worst comes to worst can I (legally) just leave them there and do a charge back?


Cheers for any help.

rash_decision

1,387 posts

178 months

Saturday 10th April 2010
quotequote all
I doubt very much they will be accepted upon your return to the shop. They will no doubt just tell you that you should have ensured they were of the correct fit before your purchase or departure from the store. After all, they have been worn.

I remember a funny story from years ago. Whilst working at a local "Jeanster" store during my exams, the store had a Sport's Division concession to the rear of the shop. A guy came in one morning, slightly drunk (well pissed as a fart if I remember correctly!! Lol) and bought a pair of trainers. He was adament that a size 5 would fit him, which was miles away from what I estimated as at least an 8!! This was to take advantage of the lesser price for junior size trainers. Anyway, cut to 4pm that day. He came back in demanding his money back as the trainers were too small and were not fit for purpose, saying he had been mis-sold them and was not sized correctly!! We tried to talk him out of the cheaper, smaller trainers at the time, but he was more concerned about having some extra beer money by the look of things, and was not interested in our advice!! We ended up with the Police in the store after he chased Francis, the manageress, around the store, drunk (not Francis!!), trying to get her to open the till and refund his money!! It was like a scene from The Benny Hill Show!! Very funny indeed!! Lol.

uuf361

3,154 posts

223 months

Saturday 10th April 2010
quotequote all
Don't think you have any recourse TBH........as you have worn them outside.

If you'd only worn them indoors and they were still in a new condition, you might have been OK......but as the store can't seel them again, don't think they'll be wanting to take them back.

jagracer

8,248 posts

237 months

Saturday 10th April 2010
quotequote all
I think it'll be more of a case of your attitude when you take them back and the policy and mood of the store assistants at the time. Good luck and be pleasant to them.

Nevin

2,999 posts

262 months

Saturday 10th April 2010
quotequote all
A bit strange on the part of the assistant. I always tell people that they should make sure they are comfortable with them before they leave. All shoes will have a little bit of give, but if it isn't comfy in the shop you shouldn't assume it will get comfier.

Its bad advice on their part and really I'm not sure what the legal position is. I should probably check but I would never sell a pair of shoes on that basis so it hasn't come up yet.

That said, I'd be very unwilling to refund someone if the shoes had been worn outside. I's be happier if you said you would take another pair of shoes the next size up. Then at least I'm not making a loss, just not making any profit either though.

fatwomble

1,389 posts

215 months

Saturday 10th April 2010
quotequote all
If advised that they would wear in then the sale of goods act covers you. That said you may need the sales person to admit to saying that, if not you will probably struggle as it will be their word against yours.

GC8

19,910 posts

191 months

Saturday 10th April 2010
quotequote all
Theres some terrible advice here... If the assistant fitted them and told you theyd wear in nd they havent, then the shop dont have a leg to stand on. It doesnt matter whether theyve been worn or not. They clearly arent fit for the purpose intended.

uuf361

3,154 posts

223 months

Saturday 10th April 2010
quotequote all
GC8 said:
Theres some terrible advice here... If the assistant fitted them and told you theyd wear in nd they havent, then the shop dont have a leg to stand on. It doesnt matter whether theyve been worn or not. They clearly arent fit for the purpose intended.
Possibly, but proving that could be rather difficult I imagine.....many years ago I used to work on a Saturday in a shoe shop (and did so for about 3 years)......not once did we take back shoes that had been worn outside.

TROOPER88

1,767 posts

180 months

Saturday 10th April 2010
quotequote all
Cut some stiching on them and take them back as faulty. The shop will send them back to the manufacturer.

blank

Original Poster:

3,462 posts

189 months

Saturday 10th April 2010
quotequote all
They took them back without any issue. Didn't even require any persuasion!