Faulty North Face shoes

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Mark44

New Member
Jun 29, 2009
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I'm looking for some advice please.

Earlier this year I bought a pair of North Face trail shoes from a Tiso store in Glasgow. They were in a sale, priced at £35. The normal price is£70.

About six weeks later, one side of the outer left shoe started to come away. The right side of the shoe started to do the same a short time later.

I took the shoes back to Tiso, with whom I believed I had a contract under the Sale of Goods Act. They were sympathetic but said they had to send the shoes back to North Face and it would take "three to five weeks" for them to respond. I was also told Tiso had an identical pair if shoes in stock, at the sale price.

Four weeks on, Tiso told me today that North Face had issued a credit for £35 and it's my choice whether or not to put the £35 towards another pair of shoes or have it refunded to my bank account.

I asked about buying the identical pair at the sale price of £35. They've been sold to someone else.

Two questions - is Tiso correct in referring me back to the manufacturer rather than taking responsibilty at the point of sale and do I have any rights to a new pair of shoes at the same price I paid - £35?

Thanks for anyone's advice.

Mark
 
Chutzpah

Chutzpah

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Jan 9, 2009
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I'm going to take a punt at this, but I might be incorrect so be careful with taking my advice at face value... :)

By the sounds of it, they didn't refer you back to the manufacturer - they sent them back to see if they could be repaired.

The general 'sales of goods' process operates as:

Attempt repair first
If that fails, replace
As a last resort, refund.

Of course, many retailers chose to just refund and chase up a credit note from the supplier/write off the cost later as it's less hassle.

So they've jumped to the end of the chain, as they have a right to do - funnily enough a lot of people moan because they can't GET the refund they want, as opposed to getting a refund with little hassle. (Technically they have a right to offer a replacement before a refund which causes a lot of people to complain).

Finally, they could have, if they wished, deducted an amount for the use you had received from the shoes, although I admit that for six weeks use this would have been trifling... but I'm just trying to point out that to all intents and purposes they've complied with the law and more here.

So I'm afraid to say that the bottom line I'm trying to get to is that there's not much you can do apart from accepting the money. Somebody else might disagree with that viewpoint though...
 
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Mark44

New Member
Jun 29, 2009
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Chutzpah, that's very helpful, thanks. You're correct - they sent the shoes back rather than me being referred back to North Face.

However, the best outcome for me would have been replacement shoes at the same cost of £35.

I don't mean to sound ungrateful for the refund because I am. But I liked the shoes and thought I'd got a good deal when I bought them.

Now I have no shoes even though I can have my money back.

Thanks.
 
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