Runners too painful wear but not faulty - what are my rights?

ixoy

I bought a pair of Nike Air Solas shoes there on Saturday in Footlocker. The fit seemed fine across the foot and in length, so I was happy enough to purchase them. Subsequently I found that the hard knot at the heel of the shoe would dig into my heel when I lifted my foot, particularly when ascending/descending stairs. So much so that, on the first night of wearing them, it drew blood that soaked through my soak and onto the shoe.

Now I brought them back today asking for a refund. I was flatly refused. I was told that, because it wasn't a manufacturing fault, I wasn't entitled to a refund and that, since the shoes were worn, she couldn't resell them, particularly with the specks of blood on them. I argued the fact that it was her contention that, if they had been less painful, she could have resold them, which she said was correct. At the very least, I felt, I should have been given a credit note for the value of the shoes even if (as she says) the shoes aren't at fault technically- it's good consumer practice.

What are my rights in this case? Do I have anywhere to take it? I'm of a mind to ring Footlocker's Irish HQ to complain about my treatment by their staff but where do I stand legally? I'm furious at their attitude and am not happy to just let this lie.

BC

I don't have an answer but i'd love to know too. I have bought various pairs of shoes over the years that i have had to throw out because they just cut my feet to shreds when i wear them...

tabatha

they are fully within their rights. u cannot bring back shoes because they dont fit right. most trainer stores wont exchange/refund shoes that dont have a physical problem. i had this problem before with champion sports. i contacted consumer rights and found out that unless there was a manufacturing fault then i couldnt do anything. best thing to do in future is when buying trainers ask what there return policy is and if they say u can bring them back if they dont fit right get the persons name u were dealing with and ask them to write it on the recipt so u will have some comeback.

ixoy

Cheers for that tabatha. It's not the news I wanted, but it is the new I expected. The manager was still a rude cow though. Guess I'll have to wear padded socks or something because otherwise the shoe fits fine.

antoinolachtnai

I don't really know if this is true. If there is a serious problem with the shoes that makes them unsuitable for use as shoes, then you may have a claim.

The fact that blood was drawn is a serious issue in my view. Uncomfortable is one thing. Drawing blood is quite another.

How do you know for certain there isn't a manufacturing fault? Just because the shoe didn't fall to bits doesn't mean it's perfect. I don't know much about shoe design, but it is certainly possible that the shank was misplaced or the shoe was mis-moulded. How does the manager in the shop know that they are ok? Did she have them tested by an engineering lab?

Did you choose the style and fit yourself, or were they recommended or fitted by a salesperson? If the latter, you almost certainly have a claim.

I don't mean to be personal, but you should also consider the possibility that there is a medical problem with your feet that led to this issue. This opens an interesting issue, because if the salesperson looked at your feet and should have spotted this, then there are also liability issues.

Personally, I don't think this is open-and-shut at all. It is certainly worth bringing this further. Write to Foot Locker's head office and tell them what happened exactly. You should also cc the letter to Nike. I wouldn't be surprised if Nike came around themselves to pick up those shoes.

If they still don't pay any attention to you, then I would consider making a trip to the Small Claims Court. I think you have a very good chance of at least getting a voucher for new shoes. Even if you don't win, it's good to cause some trouble and make the point.

RainyDay

The shoe needs to be 'fit for the purpose for which it was sold' under the Sale of Goods Act. I can't see how a shoe with a hard knot in the heel which draws blood is fit for the purpose. Is the hard knot in both shoes? Is it in other shoes of the same model?

RuggieBear

As far as i can tell all the shoes my girlfriend wears, draw blood. That's not the manufacturers fault. TBH, I don't think there is anything you can do legally.

But what i would suggest is to write to NIKE and tell them about your issues with their shoe and perhaps if they are feeling generous they might send you something as a sign of goodwill for your valued customer feedback

tabatha

i really dont know where some people get their ideas!

unless there is a manufacturing fault you will not get a refund. i went through this same experience. i rang whom ever i could to try to get a refund but to no avail. i have taken a company to the small claims court before so i know the procedure. unless you can prove a fault you cannot get a refund.

I don't mean to be personal, but you should also consider the possibility that there is a medical problem with your feet that led to this issue. This opens an interesting issue, because if the salesperson looked at your feet and should have spotted this, then there are also liability issues.

i didnt know that salesperson (who are a lot of the time part-time students) should be trained in knowing feet problems?? so let me get this right, the sales person should have spotted a foot problem even if the guy didnt know he had one?

how about the fact that sometimes some shoes just dont suit some peoples feet. some girls would love to wear heals but cant as they cause to much pain in their legs and feet.

what are we asking for here, shoes to could with health warnings?

liability issue?? thats whats is wrong with this country at the moment. there are to many people trying to "claim" that others are at fault. is it any wonder insurance premiums are so high?

a quick call to the director of consumer affairs will soon sort this out for you. if a fault is plain to see then the company have a right to exchange the faulty goods for new ones. if they do the same thing again or develop another fault then you have the right to your money back. thats the law.

antoinolachtnai

But someone is at fault. The company selling him the shoes (or anything else) has a responsibility to this guy. They have failed in that responsibility and the least they could do is give him a pair of shoes that fitted him. They have a contract with him, it's not like they're not strangers in law.

A running shoe is quite different from selling a pair of high heels. It is supposed to be fit for its purpose, i.e., running. There are salespeople there and they're supposed to sell you something that suits you.

I might take a different view if it was a low margin item like an electrical good (although the law wouldn't take a different view). But there is a massive margin in branded footwear. There's no excuse for things to go this badly wrong.

Re your statement about comsumer rights, the consumer has a right to a refund for faulty goods in the first instance if the goods are faulty.

RuggieBear

huh????????? :eek: What are you on?????

the problem is most likely his feet....

who's fault is that.....God's...his parents....

whiskeyman

http://www.oasis.gov.ie/consumer_affairs/consumer_complaints/how_to_make_a_consumer_complaint.html

Good info here.

Trying on a pair of runner in the shop just isnt the same. It's not exactly a "test run" as you cant go for an almighty jog in them and go "actually, these arent comfy enough".

What sort of timeframe are we looking at here... did you bring them back to the store within the week?
The sooner you keep hassling the better. I would think you've the upper hand here. Perhaps seek more info from the office of the director of consumer affairs : http://www.odca.ie/

Check out here for more http://www.odca.ie/cfmdocs/c_query/clothes.cfm

Such a scenario may have to be taken to the small claims court.

Best of luck with it... and let us know how you get on

ekelly

I would contact Nike themselves (of both the poor quality product and the treatment you received in the shop when complaining)and also inform the manager of the shop that you are name droppping her as agressive unprofessional etc to Nike as well as her own company head office. Also inform all of them that you are getting in contact with the office of consumer affairs. I always like to bring the complaint as high up as possible, as it might start to freak out the manager that initially treated you like s**t.

ixoy

Right, I complained on the Thursday after buying them on a Saturday. Since then I've been unable to do anything because I, unfortunately timing wise, had to move apartment and so am in a bit of a jumble.

When I was fitted with the shoes, it was just a perfunctory "are they okay, yeah?" question that was asked. I did make the point to the woman, on Thursday, that the problem only manifested itself after a period of time and that I couldn't be expected to have found it out at the time of purchase. She was only interested in the fact she couldn't resell the shoes. I tried then, that evening, to find a number for a Footlocker headstore to make a complaint but came up blank - couldn't find a number anywhere on any site - only numbers for individual branches.

As to something wrong with my feet - I don't particularly think so other than one foot is somewhat a different shape than the other but both got cut in this case. As I mentioned, a friend had a similiar problem but he wasn't actually drawing blood.

If anyone can actually find a number for a Footlocker HQ, I'd be happy to contact them and pursue it. Failing that, a call to Nike to inform them of what happened with my foot when wearing their shoe and maybe get a refund from them from a customer satisfaction point of view.

RuggieBear

the shop at 49 Lower O'Connell Street
(8049415)

seems to be head office but check cro.ie

BeardyGit

These are hardcore RUNNING shoes - Not something designed for general fashion wear. You might have bought them just to wear around - And that's fine - But if so, you weren't employing them for their intended purpose. You might argue that there's no way in hell this product could be worn for a pure sports application and to an extent you would be correct, at least in terms of their suitability for your feet. If your feet were uncomfortable when you put them on for a short while, why would you continue wearing them until it reached such an extreme state? You've obviously suffered to some extent here. Unfortunately that's not going to be a concern to some clown in a pair of baggy sweat-pants and an airtex shirt. Nor will it necessarily be the concern of Nike who will have spent a lot of time developing this product - Don't forget that these trainers are sold to the US market where public liability would be of great concern to them so they would no doubt have assessed the products suitability for mass consumption.

It's entirely your responsibility to ensure you're making an informed decision when you purchase sporting footwear, for your feet, unless you get a professional fitting in a REAL sporting goods shop. I've made the same mistake myself in the past - Hiking Boots in my case. A week long, painful winter climbing trip in Scotland clearly showed me that the boots were slightly oversized and I ended up with bad blistering on the soles of my feet. The boots in question cost me STG£250 (Hand-stitched Zamberlan Alpine Boots bought online) and they're sitting a box in my wardrobe now. The reality is that it was my own fault for not making the effort to get to a shop where a properly trained and competent salesperson could have advised me on what products would suit my feet. Complaining about it now won't get me anywhere.

Unfortunately for you I think you'll find yourself in the same position if you try to take a tough stance with any of the companies involved. You don't have a leg to stand on from a consumer rights/legal perspective so your best bet will be to draw it to Nike's attention and hope for the best....Just be nice if you're going to suggest they do anything for you!

Don't chew me out over this - I've been in your shoes myself (Sorry, had to be done!)

Gil

skywalker

ixoy wrote:

Right, I complained on the Thursday after buying them on a Saturday. Since then I've been unable to do anything because I, unfortunately timing wise, had to move apartment and so am in a bit of a jumble.

When I was fitted with the shoes, it was just a perfunctory "are they okay, yeah?" question that was asked. I did make the point to the woman, on Thursday, that the problem only manifested itself after a period of time and that I couldn't be expected to have found it out at the time of purchase. She was only interested in the fact she couldn't resell the shoes. I tried then, that evening, to find a number for a Footlocker headstore to make a complaint but came up blank - couldn't find a number anywhere on any site - only numbers for individual branches.

As to something wrong with my feet - I don't particularly think so other than one foot is somewhat a different shape than the other but both got cut in this case. As I mentioned, a friend had a similiar problem but he wasn't actually drawing blood.

If anyone can actually find a number for a Footlocker HQ, I'd be happy to contact them and pursue it. Failing that, a call to Nike to inform them of what happened with my foot when wearing their shoe and maybe get a refund from them from a customer satisfaction point of view.

It might not be a bad thing that you cant find their head office. Id go back in to the same manager & tell her you intend to bring this up with the head office. Get the details from her to let her know your serious. Maybe ask for her area managers name/number too.