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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
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I live in Aberdeen & was away on business & bought shoes in

Resolved Question:

I live in Aberdeen & was away on business & bought shoes in Nantwich, I wore them for a few hours & discovered a problem with the left shoe it was indented across the toe & was rubbing painfully, I went back to the shop & was told because I had left the shop wearing the shoes I had no rights, I told the shop owner that was garbage , she then refused to acknowledge there was a problem with the shoe, I have emailed the manufacturer Rieker who say that because my bargain was with the retailer, I must take it up with them, the distance obviously causes some problems , but if a manufacturers agent fails to act on a problem , surely the manufacturer is obliged to, I am not asking for a refund just replacement shoes . David Lloyd ***@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is there actually a fault with the shoes or do they just not fit?
Kind regards
AJ
Customer: replied 2 years ago.

there is definitely a fault , the toecap of the left shoe became deeply indented after only a few hours wearing , it was not visible at time of purchase but became so , soon after , so deeply indented that I could not walk in them.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately the seller is required under the Sale of Goods Act 1979 to provide goods that are reasonably fit for their purpose - See Section 14. The claim is with the shop not the manufacturer.
Technically you could sue the seller for the cost of the shoes if there is a defect in them, but unless the shoes are worth several hundred pounds this would be alot of hassle.
I would recommend you write to the seller and say:
(i) You have statutory rights and under the Sale of Goods Act 1979 S14 there is an implied term the shoes are fit for purpose;
(ii) Say the shoes are faulty and they are in breach of their obligations;
(iii) Say you are prepared to return the shoes but if they do not offer you a full refund you reserve the right to:
Take any action available to you including suing in the county court or complaint to Trading Standards - www.tradingstandards.gov.uk/
If they still do not co operate then I would complain to Trading Standards - it will take a while but they can compensate you.
Kind regards
AJ
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