Where do I stand legally?

[chrisd]

I'm sorry but I have to disagree with most postings. Under the Sale of Goods Act they have to be fit for purpose, this doesn't mean that someone, somewhere has to find them ok to play golf in. It means that the buyer has to be able to use them for the purpose that they were intended for and if you cant do that OS then I would take them back.

It matters not a jot that AG are only the retailer, the responsibility runs through the sale chain.

If you damaged them as in DGB's posting then that is a totally different senario.

The phrase "caveat emptor" or "let the buyer beware" only applies to the sale, privately, of goods and covers wherethe seller hasn't misreprepresented the goods to be in a condition that he knew them not to be, when he advertised them and they prove, subsequently to be defective . In other words, if Smiffy sold a defective car at work then you could take it back and the faults should be rectified but if you purchased his 5 year old secondhand Rolls Royce then found a week later that the exhaust was defective then you would have no recourse so long as he didn't sell the car, warrenting it "fault free"

I think that if you take the shoes back and tell them that you couldn't wear them as they were so uncomfortable that playing golf in them was impossible then they should refund you. You are not obliged to take a credit note but could if you wished. They may say that they will return them to the manufacturers for analysis but you dont have to accept that either as AG are liable. If you paid by credit card you could also threaten a charge back as the credit card company are equally responsible


Good luck

Chris

 

[Oddsocks]

That's kinda what I was thinking chris. I took the time to try on all size and fitting variations to ensure I purchased the correct size. It's not like I've mail ordered them for be price and tried to cut corners

 

[DavidO]

I think the sensible thing now is to take them back to the store and explain the situation to them, they may be more than happy to exchange/refund - especially of you use the phrase 'fit for purpose'!

 

[Oddsocks]

Forgot to add they squeak like and old barn door too lol

 

[chrisd]

That's kinda what I was thinking chris. I took the time to try on all size and fitting variations to ensure I purchased the correct size. It's not like I've mail ordered them for be price and tried to cut corners

Even if they were mail order they still have to be "fit for purpose" OS

I am sure that all shoe retailers have this problem on a regular basis and deal with customers properly to resolve issues. I sell safety boots/shoes as part of my business and would feel obliged to refund if they just couldn't be worn by a customer (that is not to say I would be happy)


Chris

 

[DavidO]

Right, back to the shop Oddsocks.... hope you get it sorted!!

 

[Oddsocks]

Will be goIng tomorrow dave

 

[need_my_wedge]

I've got 2 pairs of these shoes, wore the white ones all summer, and am wearing black for the winter. No problems wearing them on the course for playing golf in. No discomfort and fit out of the box, no rubbing or chaffing, or need for plasters....or insoles. Having said that, I do wear 2 pairs of socks .......

I don't know about redress for the worn pair, but they may exchange the unworn ones.

 

[DCB]

If the OP is successful then he needs to let us know asap as I'm sure we'll all be rushing back to AG with all the duff old drivers and putters we have bought over the years that were obviously not fit for purpose

 

[thecraw]

I'm sorry but I have to disagree with most postings. Under the Sale of Goods Act they have to be fit for purpose, this doesn't mean that someone, somewhere has to find them ok to play golf in. It means that the buyer has to be able to use them for the purpose that they were intended for and if you cant do that OS then I would take them back.

It matters not a jot that AG are only the retailer, the responsibility runs through the sale chain.

If you damaged them as in DGB's posting then that is a totally different senario.

The phrase "caveat emptor" or "let the buyer beware" only applies to the sale, privately, of goods and covers wherethe seller hasn't misreprepresented the goods to be in a condition that he knew them not to be, when he advertised them and they prove, subsequently to be defective . In other words, if Smiffy sold a defective car at work then you could take it back and the faults should be rectified but if you purchased his 5 year old secondhand Rolls Royce then found a week later that the exhaust was defective then you would have no recourse so long as he didn't sell the car, warrenting it "fault free"

I think that if you take the shoes back and tell them that you couldn't wear them as they were so uncomfortable that playing golf in them was impossible then they should refund you. You are not obliged to take a credit note but could if you wished. They may say that they will return them to the manufacturers for analysis but you dont have to accept that either as AG are liable. If you paid by credit card you could also threaten a charge back as the credit card company are equally responsible


Good luck

Chris

Tosh.

Fit for the purpose does not relate to one person saying that the shoes are not comfortable. Adidas will point to the millions of the same make and model that they have sold.

They may change them as a good will gesture but that will come through Adidas not AG as they have sold perfectly good shoes.

 

[DaveM]

Just something to bear in mind. When you buy from a retailer and the goods are faulty, for one reason or another. Do not be fobed off with," we will have to send it back etc". As your contract of sale is with the retailer, not their supplier or whoever they are the agent for. All/most retailers will try this on, as often it is a directive from head office. Even though it is against the law.

 

[Scottjd1]

May not be related butAdidas are known to be a much narrower fit. I too have had FJ, Nike Ecco etc but Last few pairs have been 360 4.0 and I have to get the wide fitting ones. Its annpoying in as they dont do the cheaper shoes (Power Grind/Power Band etc) in wider or I would go for some of them. You sure they not just an all over 'bad fit' and the discomfort is being felt in the sole of your foot???

Of course as others suggested you might want to try these...

http://www.amazon.co.uk/Dr-Scholls-...JA7Y/ref=sr_1_3?ie=UTF8&qid=1325183542&sr=8-3

 

[HomerJSimpson]

I've had problems with Adidas fits before particularly in terms of the sizing and width. I'm an 8 across the board in all forms of footwear but I tried a pair of adidas on and my feet were squahed against the end. In the end a 9 (a whole size difference) was the closest I could get without looking like Ronald McDonald but they were so tight as a medium width and too big in their wider fitting. One of the reasons I'm reluctant to ever switch from FJ which suit me to the ground, invariably fit perfectly out of the box and have never given me issues with splitting or leaking

 

[Oddsocks]

I'd already taken the Adidas fit into account.

Regular 10, too narrow and toes were right at the end
Wide , fitted better but would say they were more a regular 9.5
10.5 regular - perfect.

 

[Wildrover]

Haven't read the whole thread but I recently took back a pair of those Hi Tec winter boots to DG in Doncaster because they were killing me after one round. They were really helpful and though they didn't have too, they let me exchange them for some Stuburts that were cheaper so made the difference up in gloves. Full marks to DG Doncaster, so I say give the retailer a chance, you might be surprised.

 

[DCB]

Any joy with AG today Oddsocks ?

 

[Oddsocks]

Yup full refund for both worn and unworn pairs. The shop was very understanding and totally agreed that if they wasnt comfy now they would only get worse. I've got to say their attitude on the situation was awesome, my local branch couldn't do anything as it was a model thy stocked, but they called the other branch and per arranged everything for me, I arrived, exchange done, couldn't find a set I liked so store credit and away I went

AG - nice one :thup:

 

[Pongo]

There is a way to get a full refund. You tell them they leak. They will simply get sent back to the manufacturer, yourself and the shop will get a refund and justice will be done. They will not bother to argue the toss with you as they will be covered.
If the product is rubbish they need to be taken off the shelves. No way should you be buying new inserts for brand new shoes. As you can see by the reactions on here the shopkeeper may blame you for buying a pile of dross in the first place. A leaking golf shoe is a definite no-brainer. Good luck!

 

[Evesdad]

Glad you had a good outcome.

 

[DavidO]

Glad it worked out Oddsocks!

Some good points of note on this thread!!!