Help with returning an item please.

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On Monday last week my GF bought a pair of shoes (please keep reading guys, this isn't about shoes but the retailer refusing to do anything!) online, these: http://www.dollboutique.co.uk/shop/Jeffrey-Campbell-Spike-in-Black-Leather

She has only worn them 3 times but already a lot of studs have snapped off and the sole of both shoes has become all torn up which obviously isn't good for a £145 item. So on Sunday (only 6 days after receiving the shoes) she sent them a message explaining what has happened and asked if it would be possible to exchange them or get a refund. They basically replied with "sorry there is nothing we can do because you have worn them and we have supplied spare studs". Which is a load of ****. It is not possible to replace the studs without essentially taking the shoes apart/taking them in to a cobbler because the back of the stud which needs to be replaced is actually built in to the shoe between two glued layers of leather.

Surely because of all this and the fact she hadn't even had them for a week they should take them back or at least offer something.

What do you guys think about the situation?

Thanks in advance,

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Come on guys, please help. I know there are a few very well informed guys about this sort of stuff on here.

 

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Sounds like a faulty item, and I would guess that she got a miserable CS assistant. I'd personally just return them stating they're faulty, have a read of their returns info - http://www.dollboutique.co.uk/shop/cms-dynform/returns-form.html

Oh, and who on earth would wear those?!

I think I will ring up and ask to speak to the manager because it really isn't right that they refuse to accept them to be returned.

You are right, retailer is wrong. If the form Maccy suggests doesn't work, write a letter I guess. Hope it goes to someone smart enough to agree a refund.

As for the shoes... unless the rest of the outfit is as full on as those....actually if the rest of the outfit is as full on as those it'd be interesting!

Cheers for the advice.

The shoes are very sexy

I'd not like to be kicked with those shoes.

I bet they haven't sold out at all, removed for quality purposes I bet.

You would expect more than 3 wears out of them and really the studs should be well glued on.

I would definitely return them as faulty or unfit for use.

Ah that is a good point

 

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What you are looking do to is to assert that the goods are not of satisfactory quality as per s.14(2) of the Sale of Goods Act 1979. It is entirely unreasonable for a pair of shoes that cost £145 to break after 3 wears. You could alternatively state you wish to reject the goods, but this is less 'black and white' so I would go down the former route.

Under ss.48B-48C of the same Act, you are entitled to demand a repair, replacement or refund, but you may only be entitled to the latter remedy if the supplier cannot provide a repair or replacement to you within a reasonable time or a repair or replacement causes an undue burdensome cost on their behalf (they legally refuse to repair or replace).

That's the legal gist of it, which should hopefully get you somewhere. If you cannot sort this out by telephone, send them a letter paraphrasing what I have said above stating that you wish to sort this out amicably, but if not you will be forced to contact trading standards. Hopefully that will work

Thanks a lot Nitefly, i was hoping you would have an input