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my consumer rights

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  • 04-01-2013 12:52am
    #1
    Registered Users Posts: 77 ✭✭


    hi im looking for a little help
    last week my son bought a brand new pair of rugby boots from a well know sports store chain during there sale and got them for a good price he wore them for 2 days and found the studs in the boots to be to small so he replaced the studs for some brand spanking new ones this is when he noticed the problem all the new studs fitted the boots except for one the hole where the stud screws in was a lot bigger than the all the others and the stud kept falling out this only happend in one boot the other boot was ok so today we went back to the store and explained the situation and the girl we dealt with understood so she went to get him a new pair but there was none left she tried to order from another store and they had none left either so she offered usa credit note which we had no problem except that the store had no other boots for the price we paid ( all other boots were more expensive) as i demanded our money back she said that she could only give us a credit note so i asked to see the manager and was told that he will be in on saturday my question is when i see the manager on saturday what rights do i have to demand my money back as the store cannot give me the same boots that we already bought? as my son needs new boots for rugby next week

    thank you all for reading


Comments

  • Closed Accounts Posts: 3,612 ✭✭✭Lelantos


    hairyface wrote: »
    hi im looking for a little help
    last week my son bought a brand new pair of rugby boots from a well know sports store chain during there sale and got them for a good price he wore them for 2 days and found the studs in the boots to be to small so he replaced the studs for some brand spanking new ones this is when he noticed the problem all the new studs fitted the boots except for one the hole where the stud screws in was a lot bigger than the all the others and the stud kept falling out this only happend in one boot the other boot was ok so today we went back to the store and explained the situation and the girl we dealt with understood so she went to get him a new pair but there was none left she tried to order from another store and they had none left either so she offered usa credit note which we had no problem except that the store had no other boots for the price we paid ( all other boots were more expensive) as i demanded our money back she said that she could only give us a credit note so i asked to see the manager and was told that he will be in on saturday my question is when i see the manager on saturday what rights do i have to demand my money back as the store cannot give me the same boots that we already bought? as my son needs new boots for rugby next week

    thank you all for reading
    Technically there's nothing wrong with the boots. You've changed the studs which are not part of the sale agreement with the store. They may not even be approved for the boots. Personally I think the store is doing all it can for you really.


  • Registered Users Posts: 138 ✭✭Difference Engine


    If the original studs on the boots fitted ok (and its seems they did as he used them for two days without them falling off) then the store has no obligation to refund you or even give you a credit note for that matter.

    If that same problem existed with the original studs then you are entitled to one of refund, replace or repair. You can't insist on one, you will need to agree one with the store depending on the circumstances. In this case they can't fob you off with a credit note if its a case that replace or repair are feasible. They have to give you a refund if you wish.

    Key point here is to establish if the original studs fitted properly. If they did then you are dependent on their goodwill. In those circumstances a credit note is fairly generous of them. Good luck with this.


  • Registered Users Posts: 77 ✭✭hairyface


    thanks for all your info but my point is that on one boot the tread size of one hole is bigger than all the rest and even if my son was to buy new nike (make of boots) studs he would still have the same problem as the boots were manufactured with all the studs the same size except one surly if they intended to make the boots this way there would be a different size stud on the matching boot and the girl in the store agreed that there was a problem


  • Registered Users Posts: 138 ✭✭Difference Engine


    hairyface wrote: »
    thanks for all your info but my point is that on one boot the tread size of one hole is bigger than all the rest and even if my son was to buy new nike (make of boots) studs he would still have the same problem as the boots were manufactured with all the studs the same size except one surly if they intended to make the boots this way there would be a different size stud on the matching boot and the girl in the store agreed that there was a problem

    Does the thread of the original stud fit that hole? Does it mention anywhere on the packaging about being compatible with Nike studs or with a certain size thread?

    The original boot and studs were for for purpose and not faulty. It is going to be difficult to show that they are faulty because they aren't compatible with different studs.

    My advice is approach it like this: you don't necessarily want a refund, you want a pair of boots for your son. Let the manager know that and be polite about it. Ask him what he can do to sort that out for you. He has a lot more discretion when it comes to these things than a sales assistant. He should be able to work something out to your satisfaction; a swap for a different pair of boots, a good deal on a more expensive pair.

    Hope that works out for you.


  • Registered Users Posts: 77 ✭✭hairyface


    thats great thanks for your info ill try to keep that in mind before i loose the rag

    maybe ill just get my 5'10" son to break down crying in the middle of the shop
    cheers for you advise


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  • Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    hairyface wrote: »
    thats great thanks for your info ill try to keep that in mind before i loose the rag

    maybe ill just get my 5'10" son to break down crying in the middle of the shop
    cheers for you advise

    Do not lose the rag, it makes people not want to oblige you. You never have a right to a refund unless the product is faulty- in this case, the original product was altered by you, but functioned correctly before that.

    You most likely will be able to get a manager to get you a similar pair or as mentioned, a deal on a more expensive pair. But shouting will just make them hate you- be reasonable, explain properly. Honey catches more flies etc. etc.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    hairyface wrote: »
    thats great thanks for your info ill try to keep that in mind before i loose the rag

    maybe ill just get my 5'10" son to break down crying in the middle of the shop
    cheers for you advise

    Emotional blackmail will not endear you to the store staff.

    To show that the boots were defective, you would have to show that the original stud was not secure in the hole with the different thread size. Although in fairness, you could also argue that it normal to replace studs, and therefore you should be able to replace them.


  • Registered Users Posts: 10,554 ✭✭✭✭thesandeman


    Could you not just leave the original stud in that hole and use the new studs in the rest of the boots? Can't see it making much difference?


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    hairyface wrote: »
    ...thank you all for reading
    To be honest, I didn't bother. No punctuation, no capitals, no sentences, no paragraphs, too much effort required on my part.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    dudara wrote: »
    Emotional blackmail will not endear you to the store staff.

    To show that the boots were defective, you would have to show that the original stud was not secure in the hole with the different thread size. Although in fairness, you could also argue that it normal to replace studs, and therefore you should be able to replace them.

    Used to give me a good laugh though.

    I did once get done by 'Cancer Kid Woman' in the Ilac once - bloody woman was very convincing. Oh well - the one that got away.

    If the product is designed that way (e.g. propitiatory studs to make sure you buy their brand - there is little you can do). If it's faulty then the shop need only offer you a repair or replacement. If they can't do that then they should be refunding you. However it doesn't sound to me as if they are faulty. It could be that a washer has come out of the housing - which is arguably customer damage, arguably not.


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