Been ripped off by a shop - need advise please
- Thread starter _Jimlad_
- Start date
nope, afraid that's not true,
he specified shoes of a brand, style and size, it is then down to the store to either supply them, or tell him they can't....
if he speaks to consumer direct ( http://www.consumerdirect.gov.uk/ ) they'll advise him to write a letter and include all the relevent points phrases to move on.
Basically, given the store has supplied incorrect gear, it's down to the store to refund....
why?
I know i'm a size 14 when it comes to hi-tec magnums, if i went into the supplier, ask for a size 14 magnum elite, and get given a size 13 magnum elite instead, am I a numpty for not trying them on? I know the 14s fit, why should i get them out of the box and waste time checking them until I need them?
The way I see it also. We shouldn't have to assume incompetance when asking for something to buy.
No he shouldn't. The shop should have checked. Thats like saying you should have opened the box of the brand new tomtom you bought at currys to check the correct model was inside.
I know that in my favoured running shoe, a Mizuno Galaxy Wave-8 (yes, really), I'm a size 8. I'd never ever buy a pair without trying them on, because theres a chance my feet could have changed, and with the kind of stress that running (and football) puts on your legs and joints, it's something that isn't worth risking.
A bit of an over-sealous analogy. Getting the wrong model isn't the end of the world, but getting shoes that don't fit properly can have serious medical consequences.
if you were stood wearing a pair of size 12 sambas would you try another pair of size 12 sambas on before buying?
It matters not if he "should" have tried them. He asked for 12s, he was sold 11s while being told they were 12s. From the BBC page linked earlier:
Goods must be as described: As described refers to any advert or verbal description made by the trader.
It's pretty obvious that the "verbal description made by the trader" (in this case the sales assistant) was incorrect.
Goods must be as described: As described refers to any advert or verbal description made by the trader.
It's pretty obvious that the "verbal description made by the trader" (in this case the sales assistant) was incorrect.
Soldato
- Joined
- 14 Apr 2004
- Posts
- 11,891
- Location
- UK
Have you called trading standards?just called head office, she said "try some other stores in Hampshire and see if they have a 12" - idiots! i have an address to write to, but no one on the phone to moan at- jokers
Just spoke to the store manger, he refused to give me a refund, and said that there staff would have asked me what size was on the box and if that is correct. This is total crap, I then asked for his name which he replied “Andy” I said is that “Andrew” and do you have a last name, he refused to give me his last name and then hung up……….
I have never ever seen anything like this……….. cowboys!
I have never ever seen anything like this……….. cowboys!
Checked for what? For all the counter staff new he asked for a size 11 which he got, he should have checked himself or said to the counter staff 'they are size 12?' or ‘can I just have a check’ electrical goods have a seal on them so your example is flawed, you should have checked simple.
Soldato
- Joined
- 14 Apr 2004
- Posts
- 11,891
- Location
- UK
The point stand though, he asked for a 12 and got a '12'. The error is on behalf of the store. For someone buying the same trainers, it's easily done.
They denying you ever asked for 12's? That's predictable. Sounds like a shady bunch, I'd suggest trying consumer direct or local trading standards for advice.
It comes down to what small claims would believe at the end of the day - do they side with the shop or the consumer in 'his word against mine' cases?
It comes down to what small claims would believe at the end of the day - do they side with the shop or the consumer in 'his word against mine' cases?
That’s how I see it, his word against there’s they will just say he asked for a size 11, sports shops like this have shocking standards any other shop and pretty much you would get your money back.
Permabanned
- Joined
- 2 Dec 2007
- Posts
- 265
You are entitled to a full refund. Be more assertive in the shop if you can, point out the person that sold you the shoes. No need to be agressive and/or arsey but be firm and do not back down. To be honest, I can't believe a shop would be so harsh as in this exact case. It's like they are trying to cause you difficulty.