Korkys denying exchange/repair after shoe's heel tip goes missing after first use

Kontrapasa

Hi everyone,

Looking for opinions/advices.

I bought some boots with low heels in Korkys. I was very happy with them and did not intend on returning them so threw away the box and purchase ticket.

I didn't wear them until 3-4 weeks after purchase, and only for few hours for going out with boyfriend for dinner and a drink afterwards and back home. When I got home I realized that the heel tip of the right shoe had gone missing.

I went today to Korkys to request a exchange or repair but I was told that they do not offer these when the heel tip goes missing and they even pointed out that they have a paper at the till stating so. I didn't know what rights do I have as a customer so I left home and started "googling" to see what grounds do I stand on?

Checked the Korkys website and same info:
" Heel tips are not guaranteed as they may be lost on cobbled streets etc. "
http://www.korkys.ie/Returns.aspx

So I went to the consumerhelp website and it says about faulty goods "If you have a complaint about faulty goods, shop notices such as "No Refunds" or "No Exchanges" do not limit your rights. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer law if the goods are faulty."
http://www.consumerhelp.ie/faulty-goods

On top of that as I said, I threw away the purchase ticket but I did pay with my debit card so It's reflected in my bank statements. I told so to the shop assistant and she told me that without ticket there is nothing she can do.
Consumerhelp says: The shop is entitled to request proof of purchase, but this doesn't necessarily have to be the shop receipt. You could show your credit or debit card statement if you used one or any other documentation that proves it was purchased in that particular shop or retail chain

I feel like a shoe that the very first hours that you wear, loses a part that is fundamental to it's function (Heel tip is there so shoe does not slip and protects the wood heel from damage while giving you support) should be considered as faulty, right? Also putting up a paper stating that they do not cover heel tips does not mean that they're right, does it? I'd imagine if they have put up a sign about heel tips is due to lots of customers coming back about same issue. Well, then maybe they should be looking into the quality of the product they're selling, right?

I'm annoyed because I paid 35 euro for something that I expected would last me few months until starts deteriorating, and instead after the very first use I have to go and spend time and money in fixing it to bring it back to original state?

What do you think? I don't know if I should go back to the shop or email the company, or how to approach the issue? I don't wanna make a huge fuss about it but I think I'm right requesting quality in a product I paid for and I want it fixed.

Sorry about my grammar, I'm foreigner

Bepolite

On both counts the business is wrong.

You don't need a reciept and you can't limit consumer rights by a sign. If they won't budge your options are limited I'm afraid as it's not worth taking them to the Small Claims Court.

01902

Heel tips are a replaceable part of the shoe. If it has just dropped off after first wear and has not suffered any external damage then a repair sounds more than fair. Perhaps try another branch or write to their head office?

sandin

My car tyre got a puncture - possibly I can get a new car?

Sort of similar.

You would ahve to proves you only wore the shoes on normal good pathway and did not walk over any drains. get caught in between slabs etc etc. Its one of those things - easily replaced but it is of no fault of the shoe store or manufacturer unless you can show & prove that there was a defect (a heel tip falling off is not proof)

btw - very reasonable and very clear returns policy that go beyond what they are legally obliged and they are very ver clear that the onus is on themselves to deal with you too.

RETURNS
If your order is not suitable for any reason then you can return it within 28 days for a full refund or exchange to the same value. We ask that the goods are returned in the same condition that you received them and in their original packaging with a valid receipt. No refund on sale items 20 Euro or less!

You have two options for returning or exchanging the goods:

1. POST them back to us. We recommend using a courier or registered post. Please complete the returns form that you will receive with your order and post it along with the product(s) and your receipt to:

Korkys.ie,
10 Henry Place,
off Moore Street,
Dublin 1.
2. For your convenience you can also bring the product(s) to ANY KORKY'S SHOP . This is free of charge and there is no need to fill out the returns form. Just bring the shoes along with your invoice and receipt to our shop and you can get a full refund on the same credit card you used for purchase or you can pick out any other product(s) for an exchange.

FAULTY

If shoes are faulty we will repair them, refund the purchase price or offer an exchange to the same value. Heel tips are not guaranteed as they may be lost on cobbled streets etc. We do not return shoes to suppliers for a report. As the seller of the shoes we have entered into a contract with You and our decision on whether or not to refund or exchange shoes is final. High fashion shoes require extra careful attention and are not suitable to wear on rough surfaces. Fashion accessories when attached to shoes, are for decoration and do not effect the function of the shoes. If the accessory is lost or damaged we cannot accept return of the shoes for this reason. We are sorry but we are unable to take back worn goods which are unsuitable or don’t fit.

Kontrapasa

More like a wheel from my brand new car came off?

If it was a brand new phone and a button came off, would I be unreasonable requesting a repair/exchange? If a company had to put up a sign saying they don't repair the button that fells off from their phones (cause they had so many requests), wouldn't that tell you something about the quality of their product?

So I should record myself walking around so I can prove I have made good use of them? The boots are in great condition, you can tell they have been barely used. Very little wear on them. And walking over drains while on heels is not in my hobbies list; I rather tend to avoid them actually.

"btw - very reasonable and very clear returns policy that go beyond what they are legally obliged and they are very ver clear that the onus is on themselves to deal with you too."
but yet contrary to stated by the law, they refused to take my bank statement as proof of purchase.

Anyways, I decided I'll go back tomorrow and ask for a manager and talk about the legal information I just learnt and if they still refuse I'll contact the NCA.

dudara

Heel tips can come off (or get damaged) quite easily. All you have to do is walk over a slight crack between two paving stones. That's why you often get spare tips in the box.

TBH, I understand where you're coming from as the boots were new, but it's a hard one.

sandin

They didn't refuse to take a bank satement as proof of purchase - there was no issue in their eyes and therefore bank statement/receipt has no relevance.

At the end of the day, even I as a guy knows a heel tip is something that is dreadfully easy to lose cos herself has lost many over the years and its a simple case of dropping into a shoe repair store and getting it replaced - usually takes a couple of minutes according to herself.

NCA can and will do absolutely nothing as the store has done nothing wrong. The fact that you don't agree with the store is not an issue for the NCA.

As for your phoen comparison - if the screen broke because it hit off something, it would not be covered, even if the hit was totally accidental and could easily happen in everyday life. That's life!

newman10

Bepolite wrote: »

On both counts the business is wrong.

You don't need a reciept and you can't limit consumer rights by a sign. If they won't budge your options are limited I'm afraid as it's not worth taking them to the Small Claims Court.

a receipt is proof of purchase and the onus is on the consumer to prove that they have purchased the item when the say.

No retailer will take back a product without PoP

Bepolite

newman10 wrote: »

a receipt is proof of purchase and the onus is on the consumer to prove that they have purchased the item when the say.

No retailer will take back a product without PoP

This has been done ad nauseam here and in the legal discussions forum. A receipt is evidence of purchase along with all host of other things including a simple statement from the consumer saying they purchased the item from the retailer, anything beyond this; a bank statement, the customer remembered by a shop assistant, own branded goods etc. would be more than sufficient.

newman10

Bepolite wrote: »

This has been done ad nauseam here and in the legal discussions forum. A receipt is evidence of purchase along with all host of other things including a simple statement from the consumer saying they purchased the item from the retailer, anything beyond this; a bank statement, the customer remembered by a shop assistant, own branded goods etc. would be more than sufficient.

Please read what I said " A receipt is proof of evidence etc" Remembering a staff member or own brand is not.

Please prove that you did not steal an own brand product:rolleyes:

Atlas_IRL

They can get the receipt from their till for you if you give them the date and time. Can you not just go to a cobbler and get a new heel tip?

Kontrapasa

I just don't see why saying "it happens" or "it's common" makes it acceptable.

Buttons come loose and get lost, zips get stuck or break, frabrics get frayed or tear, clothes stitching come loose and unstich, shoe soles break, bag handles break..., - They are pretty common things to happen to cloths, but if you bought a brand new one and any of those happened after first use, would you doubt the quality/execution of the product you just bought?

I feel like I was sold an item that was not suited to handle the minimum tear and wear that is expected from its designed usage before it broke. It's like telling me "here have these shoes but beware they're not resistant to the common irregularities of the footpaths of a city, only perfectly smooth surfaces, so no walking outdoors or you're at your own!"

sandin wrote: »

As for your phoen comparison - if the screen broke because it hit off something, it would not be covered, even if the hit was totally accidental and could easily happen in everyday life. That's life!

Your comparin a damage created by an action not designed to support (I don't think phones are bought to be thrown around or dropped) with something that broke after using it as purposed.

Kontrapasa

Atlas_IRL wrote: »

They can get the receipt from their till for you if you give them the date and time. Can you not just go to a cobbler and get a new heel tip?

Of course I could, but it's just annoying that a I have to pocket out money to fix something I just bought, and used only once and as intended, to bring it back to usable state

athtrasna

There's an old adage, you get what you pay for. €35 boots will bring problems.

Bepolite

newman10 wrote: »

Please read what I said " A receipt is proof of evidence etc" Remembering a staff member or own brand is not.

Please prove that you did not steal an own brand product:rolleyes:

You would need to understand the civil standard of proof and evidence given under oath. The only argument against this is that a shop doesn't have to apply this because they are not a court, and that the person might change their story under oath. That's very, very unlikely. Regardless if it gets to the Small Claims court, the shop loses with any of the evidence I've mentioned and has a hacked of customer into the bargain.

Have a look at the threads specifically on this, it's been explained extensively. I'm not going to engage with it here for two reasons; primarily it's OT, secondly I normally find the use of smileys in an argument is because you're not actually sure of your position and don't want to admit it. That's fine we're all here to learn. :cool:

newman10

Bepolite wrote: »

You would need to understand the civil standard of proof and evidence given under oath. The only argument against this is that a shop doesn't have to apply this because they are not a court, and that the person might change their story under oath. That's very, very unlikely. Regardless if it gets to the Small Claims court, the shop loses with any of the evidence I've mentioned and has a hacked of customer into the bargain.

Have a look at the threads specifically on this, it's been explained extensively. I'm not going to engage with it here for two reasons; primarily it's OT, secondly I normally find the use of smileys in an argument is because you're not actually sure of your position and don't want to admit it. That's fine we're all here to learn. :cool:

You are a little arrogant in your attitude because i question what is proof of purchase. Proof of purchase in the receipt for the item purchased and some shops may accept a bank statement but that only proves that you gave that retailer a particular amount of money on a set date.
So should a retailer refund an item brought back with no receipt ??
No smiley, just wondering where you think the onus on the retailer ends

Bepolite

newman10 wrote: »

You are a little arrogant in your attitude because i question what is proof of purchase. Proof of purchase in the receipt for the item purchased and some shops may accept a bank statement but that only proves that you gave that retailer a particular amount of money on a set date.
So should a retailer refund an item brought back with no receipt ??
No smiley, just wondering where you think the onus on the retailer ends

Okay at the risk of incurring mod wrath I will engage with you as you now seem to be asking a question rather than telling me I'm wrong - we can debate where the arrogance started.

The standard of proof required is 51%. Not beyond a reaosnable doubt as is required in criminal cases and only in criminal cases. Take a scenario: Tesco Value Sausages.

You say "I purchased them in Tesco Dundrum on Monday"
Tesco say "No you didn't"

We've a 50/50 split here. A decision has to be made on the surrounding circumstances. They are Tesco sausages and the purchaser can't be assumed to be a thief. That gets you over the line.

The onus on the retailer ends at 51%. Take another scenario:

You Say "I purchased these shoes on Wednesday in your store"
Shop says "We haven't sold those shoes in 5 months, here are the records for sales of said shoe"

Shop > 51% and wins.

If the customer is alleging something and the shop without checking is saying they didn't you're at 50/50 - onus is on shop to disprove what the customer is saying as more than likely the customer will have some form of ancillary evidence, all of the things I have listed and numerous other things. Even if the customer doesn't have anything - that's not a bar to being successful as a decision will be made on who is more credible. A customer who is looking for help or a store which did nothing to find out whether the customer was genuine or not.

Theft argument is always brought up - it's a mcguffin.