Shoes sent back to factory for repairs - Destroyed

banbatoyota

Hi guys,

I purchased my first pair of 'good' work shoes for my first job about a 6 weeks ago. They were brown leather. The shop was doing a good sale, this pair however were down from €325 to €160 because of a slight scratch on the toe.

I was delighted with them. The first day I wore them, I got caught in the rain for about 10 minutes and naturally enough they got a little wet, nothing major. The next day however I noticed that the dye had run in the leather, wherever a spot of rain had landed.

I took them back to the shop, the manager agreed that that shouldn't happen and said he'd send them back to the factory in England for repairs. 2 weeks later I went in to see if they were back, they weren't.

I was little annoyed at this stage and made a fuss about how I'd no good shoes for work, I really liked that pair etc. The manager kindly offered me a pair of black shoes, same brand and style, to see me through work until my brown pair got back.

The deal was, once the brown pair were back, I'd pay him €100 for the black pair - which I was now walking out of the shop with.

Well this week I got a text from them saying that the company couldn't repair the shoes/re-dye them and had 'destroyed them'.

I really don't understand this, the shoes were my property as I bought them. They weren't fit for purpose and were sent for repairs. They've no been destroyed without my permission/knowledge. I told the manager I'd be in this Saturday to discuss where we go from here

What am I entitled to at this stage?

TL/DR:
I bought a brown leather pair of shoes for €160. A bit of rain got on them and the dye ran. They were sent back to factory to be re-dyed. I got a black pair to see me through work, on the understanding that I'd then purchase the black pair for €100 when the brown pair got back. The brown pair have been destroyed without my knowledge/permission.
I'm fuming to be honest at this. I really really liked them and was told on my last visit to the shop, that that particular model has been discontinued.

What's my play from here?

Paulw

banbatoyota wrote: »

What am I entitled to at this stage?

You are entitled to replacement pair or a full refund.

amdublin

Yeah replacement pair for the brown pair.
Or full refund for the brown pair.

And
Pay €100 for the black pair (seems really weird just didn't get you to pay for them there and then)

banbatoyota

amdublin wrote: »

Yeah replacement pair for the brown pair.
Or full refund for the brown pair.

And
Pay €100 for the black pair (seems really weird just didn't get you to pay for them there and then)

I got the feeling it was more for good will then anything else. I mean, it's pretty bad to spend that much on a decent pair of leather shoes, only for the dye to run at the first drop of rain!

Am I right in saying that at no point did ownership of the shoes pass from me to the store/factory? I mean, the factory essentially destroyed property of mine right?

amdublin

Well did you want them back if they couldn't fix them?

banbatoyota

Of course I did. They're my shoes, that I paid for! I don't believe I'm going to get a replacement, as they said they have no more, which is very annoying.

amdublin

Well you're entitled to repair or replacement or refund.


So I'd think you're entitled to refund for them. Or the black pair as a replacement?

banbatoyota

But the black pair weren't given as a replacement, it was more of a deal to compensate me for the delay and inconvenience.


Do you think it's feasible to pay €100 for the black pair (as would have been the case had my shoes been returned) and get the €160 back? ie. walk out with the black pair and €60?

Oryx

banbatoyota wrote: »

But the black pair weren't given as a replacement, it was more of a deal to compensate me for the delay and inconvenience.


Do you think it's feasible to pay €100 for the black pair (as would have been the case had my shoes been returned) and get the €160 back? ie. walk out with the black pair and €60?

I don't see what else the shop can do. If the other shoes are gone, they are gone. All you are entitled to is the money you paid for them so you are at no loss. The black shoes, well thats a separate thing you agreed with them.

P. Breathnach

banbatoyota wrote: »

...
Do you think it's feasible to pay €100 for the black pair (as would have been the case had my shoes been returned) and get the €160 back? ie. walk out with the black pair and €60?

Yes. I can see no other sensible solution.

Your argument is simple enough. The remedy for the problem with the brown shoes is one of repair (impossible), replacement (impossible), or refund (possible). The deal on the black shoes can not be applied precisely because the brown shoes are not coming back to you, but the refund of your €160 can be interpreted as a resolution of the problem and therefore equivalent.