Been ripped off by a shop - need advise please

just sent this

On Monday 5th May at 17:02 I purchased a pair of ‘Adidas Sambas’ from the Southampton store of Sports Soccer. I went in wearing a pair of Adidas Sambas as they are my choice of shoe. I asked the shop assistant for a pair of size 12’s of the same kind of shoe in any colour. She went around the back and gets the shoes and asks if I wanted to try them on, I reply no as I’m already wearing a pair of size 12’s. She takes them to the till with me and i pay another shop assistant, I go home all warm and happy.

On Wednesday I go to wear my new shoes for football only to find they don’t quite fit under closer inspection I see they are size 11. I’m annoyed but no hardship. On Thursday 8th May I return them to the branch and ask to swap for a 12. I’m told they don’t stock a 12 and can’t order them. I ask for a refund only to be told I can only have a credit note. I state my cause saying if the shop cannot get me a size 12 then a credit note is useless to be as I’m not interested in anything other than the Adidas Sambas. The attendant could not help so I then explain the situation again to both the ‘floor manger’ and then the ‘shoe manger’ . They also told me i could only have a credit note. I leave very disappointed , but still with the shoes.



Today Friday 9th May I call and speak to ‘Andy’ the store manger, I found him to be highly rude and said he would not refund me, he was not prepared to listen or hear my side of the story. He eventually hung up on me when I asked for his last name for reference. He refused to give me any more details than ‘Andy’ this is totally unacceptable that a store manger can hang up on a complaining customer. I simple asked for his name to complain. I have five co workers who whole conversations as I carried this phone call out on a work. I’m shocked that someone can be in a position of responsibility and be so rude. I remained calm throughout the conversation, I seriously hope you don’t condone or accept that behaviour?



‘The Sale of Goods Act 1979’ Goods must be as described: As described refers to any advert or verbal description made by the trader. I asked for a 12 and was sold a box of shoes that the ‘trader’ said were a size 12…… these were not a size 12 and you cannot provide me with an adequate replacement.

Therefore I’m entitled to by law a full refund not a credit note.



All I want is the shoes in a size 12 or my money back in full. I will take this to trading standards and I’m considering emailing the local paper this information I will keep on until I get what I paid for or my money back it’s unlawful to keep my money in the form of a credit not under these circumstances.



May i also add that these shoes are still boxed with the tags in my proscession. Furthermore the sale of the good took place at 17:02 on a bank holiday monday, is that not againist the law as well?



I wish to be contacted today about this today on 077********. before i contact the the local echo and trading standards
 
if you were stood wearing a pair of size 12 sambas would you try another pair of size 12 sambas on before buying?
Read my post above.

I would never buy a pair of shoes without trying them on.

Incidentally, I'm all for you contacting trading standards in this case. My original incredulity was more that you claimed to be utterly conned and violated, akin to some texan who'd been mis-sold a shotgun.
 
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Read my post above.

I would never buy a pair of shoes without trying them on.

Incidentally, I'm all for you contacting trading standards in this case. My original incredulity was more that you claimed to be utterly conned and violated, akin to some texan who'd been mis-sold a shotgun.

i see your point, but were are talking about identical shoes here
 
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.

balls
 
What the hell? He asked for a pair of the exact same shoes as he was wearing. Get your head checked lad!

i know.... i would have looked a numpty for trying on the same shoes as i'm wearing.......... however i wish i had now.

Anyways i know i'm a not 100% in the right, and i should have checked and tried, but surely any half desent shop would see this and refund.
 
i know.... i would have looked a numpty for trying on the same shoes as i'm wearing.......... however i wish i had now.

Anyways i know i'm a not 100% in the right, and i should have checked and tried, but surely any half desent shop would see this and refund.

You are 100% in the right, there is no possible way you cannot be. If someone came into my department and asked me for a 500GB hard drive and I sold them a 320GB hard drive, I would be in the wrong...
 
Try reading a bit more of the thread and you'll see my reasoning.

Alternatively, jump in like an idiot and post some random nonsense.

Read the whole thread, there is no way around it.

Edit: If he had walked in, asked for a 12, gotten home and realised they were too big and came back for an 11 which they did not have in stock - it would be a different story.
 
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I reguarly buy shoes with out trying them on . If its the same brand I wont bother trying them on, always fit never had a problem.
 
This is a very black and white case,
The goods he asked for were not what he ended up with and as such he is entitled to either the correct goods, or a full refund.

I dont know how some people can possibly think otherwise:rolleyes:
 
just got this from consumer direct

Thank you for your enquiry to Consumer Direct dated 09/05/2008. Your reference number for this case is S*****and should be quoted in all further correspondence regarding this case.



Based on the information you have provided the key legal points in response to your enquiry are as follows:



I am sorry to hear of your problems, from the information you have provided it would appear that you may have rights under a piece of legislation called The Sale of Goods Act 1979 (As Amended). If the goods do not match the description of the goods you have ordered, you may have an argument suggesting the goods are not as described. If this is the case, Sports World would have a responsibility to either replace or refund. I would strongly advise you to put this information into a recorded delivery letter to Sports World head office.
 
The only thing Sports World is good for is £2 pairs of footy/gym shorts, and the £2 footy socks lol!

However, they generally have the England footy top in for quite cheap.
 
The only thing Sports World is good for is £2 pairs of footy/gym shorts, and the £2 footy socks lol!

However, they generally have the England footy top in for quite cheap.

yeah these sambas were £8 cheaper than anywhere else in Southampton........ but i'm not setting foot in that store again, other to get my refund after i go on and on and on at head office
 
hm, you'll cut off your nose to spite your face then?

Its a well known fact that they are incredibly cheap, its just a case of exercising caution and care when shopping there.
 
This is a very black and white case,
The goods he asked for were not what he ended up with and as such he is entitled to either the correct goods, or a full refund.

I dont know how some people can possibly think otherwise:rolleyes:


because they are all so perfect and nothing like this ever happens to them :)
 
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