Cracks Appearing In Foot Bed

[Heels]

Bought a pair of heels from Ebay last month. Just noticed that there seems to be cracks appearing on the side of the foot bed near the strap . Both shoes have this crack on the inside. One shoe is worse then the other.

 

                                            

 

Not sure what I can do . Think it might be best If I return them back the seller.  Only been worn inside 3 or 4 times and mainly seating down. Any suggestions on what I should do?

[FastFreddy2]

I have seen a similar problem at least once on a pair of Mrs Freddy's shoes, and I suspect a similar thing on a pair of mine. Both down to age. Some finishes on shoes, harden with age and maybe exposure to sunlight.

 

I'm told footwear isn't sold with a warranty, though if these are from a shop and show little wear, I expect you will get a refund. If they are 'used' and or from a private seller, you and the seller are in a difficult position. They would have sold in good faith and sent you shoes in good condition. After some use, they have become faulty... Is there an obligation from a private seller to provide a 'warranty' that even a shop might bulk at?

 

I've only ever bought shoes from Clark's once. Expensive ones with leather soles. As with all my leather shoes, I had a rubber sole added to protect them from our wet weather. A month later, the sole separated from the shoe. I returned them expecting a refund. I got the refund, but it took a stand-up argument in the store to get it. The manager was insistent the rubber soles had caused the problem. Since I had done this with MANY other pairs, and the shop had not advised me to avoid the upgrade, I got my money back.

 

Had a bit of grief once with some work shoes I'd bought from BHS. They wouldn't give me a refund, but gave me a (full) credit voucher as a goodwill gesture. I'd had the shoes for some time, but had worn them only once or twice when the sole began to leave the shoe. Think they were the people who told me shoes don't come with a warranty. Nor do clothes.....  

 

If you won them on an auction, I'm not sure you even have a legal claim. (I believe everything bought at aution is bought 'as seen'.) That said, you may still get help from the auction site, even if the seller is reluctant. If I was the seller, I would be VERY reluctant to refund.

 

Let us know what happens.

 

 

P.S.

 

I've just remembered I bought a childs bike from a fella over in Milton Keynes. Nice man. 

 

Got the bike home, and had to fix one or two things that weren't working correctly, like the brakes. Not a big deal, as most bikes need servicing, though owners seldom agree.

 

So while I'm checking the brakes, I notice the front wheel is slightly buckled. "Technically" I didn't have a leg to stand on, because I collected in person, and in theory had the chance to check the bike over. In reality, the bike came out of the garage straight into my car as the seller had to go out, and had waited in for me to collect the bike. That said, until that time I had never thought to check wheels for trueness. I have always assumed (wrongly) bike owners knew what a round wheel looked like. 

 

In his defence, the buckle was hard to see, but it was buckled. A replacement was prohibitive, getting it trued would cost £15-£20, which the seller isn't want to refund. It cost me a second trip, (we met half-way) but I got a full refund. It was an awkward situation. He sold in good faith. I bought in good faith. But I wasn't satisfied with the purchase, nor was it ever going to be used with a buckled wheel. It wasn't good for either of us, but both of us acted like gentlemen. Well, he certainly did.

Edited October 5, 2014 by FastFreddy2

[Heels]

Thanks for your reply.

 

These shoes are brand new in box.  The seller is a business seller and the shoes were bought as Buy it now. Ebay has made some changes in the last month about refunds. Made it easier for buyers to return items now. Will get onto the seller about getting them returned. 

 

Once had to return another pair as the left shoe had a strange clicking sound coming from the heel.. Been told, could be due to a loose heel shaft.  Got my money back but the seller was not to happy being a private seller. I just lost out on the return postage.

[FastFreddy2]

If those shoes are brand new from a business seller, I'd say you have a strong case for 'not fit for purpose'.

 

The "rules" have changed with the auction site and PayPal, in that 'significantly not as described' now means the seller HAS to pay return postage, as well as returning the original cost of delivery postage. Put another way, it means the buyer is fully protected. I suspect the origins of this are (say) Chinese sellers sending a blue something, when a red something was ordered. Who could or would return something to China? The cost with delivery confirmation would be unrealistic unless the item bought had cost over £70. With that sort of money, there are VAT implications too.

 

Also, where you used to have 40 days to make an 'unfit' claim, I think it's now 180 days. This is great for buyers, purchasing off business sellers, but not so great for private sellers getting rid of 'stuff' from the garage or attic. To avoid subsequent claims, I have in the past sold bits as "for spares not working", knowing full well they work. The downside for sellers is where an electronic gizmo (phone) may work perfectly well at the time of selling, if the buyer drops it in water- and dries it out, they could claim it as faulty inside those 180 days. Most people are honourable, but not everyone is.

 

I sell computer bits from time to time, like motherboards and processors. My constant worry is that a buyer uses one or both without adequate cooling on the processor and fries the board and cpu. I likely get negative feedback and costs, because the buyer doesn't know what they're doing.....

 

 

As for your returning a shoe because of clicking ..... I have here a brand new never worn stupidly high heel shoe boot that cost a lot of money (originally) from Topshop. (Actually I have two pairs.) I never had a reason to shake them, who would? But I did something and found the heel support (metal bar in the heel) is loose in one shoe. Had I not shaken the shoe like maracas, I might well have sold them on -unknowingly- with a fault. I'm tempted to take the heel tip off and see if anything falls out, that I might be able to glue back in, but I might just try Topshop for a refund. Despite the fact I've had them nearly 2 years.

[Heels]

Seller has been helpful and is happy for me send back to exchange them. Cost me over 6 pounds  to post them. 

 

Going back to those heels that clicked the seller could not find anything wrong with them, so not a happy person. Had that been that case I would either kept them or sold on. They  looked good on the listing but when I received them looked cheap.

 

Had to return another pair couple of years ago.  Seller must of cut a middle strap off at some point as I could tell there had been a strap on the shoes when new. Seller was fine about it.

 

I once bought a ps2 game. Had problems loading the game at certain point but was able to finish the game, so I sold it back on. Might of been my console that was at fault. Turns out my buyer could not get the game to load so I gave a full refund with out having the game returned to me.

[Puffer]

Seller has been helpful and is happy for me send back to exchange them. Cost me over 6 pounds  to post them. 

 

Going back to those heels that clicked the seller could not find anything wrong with them, so not a happy person. Had that been that case I would either kept them or sold on. They  looked good on the listing but when I received them looked cheap.

 

Had to return another pair couple of years ago.  Seller must of cut a middle strap off at some point as I could tell there had been a strap on the shoes when new. Seller was fine about it.

 

I once bought a ps2 game. Had problems loading the game at certain point but was able to finish the game, so I sold it back on. Might of been my console that was at fault. Turns out my buyer could not get the game to load so I gave a full refund with out having the game returned to me.

 

Heels:   Under the Distance Selling Regulations (which are in the law of all EU states), one is entitled not only to return a defective or incorrectly-supplied item for a full refund of the price paid but also to have all outward and return shipping costs refunded.   The seller cannot contract out of this.   So you should insist on a refund of your £6 return cost (and anything paid for the original shipping to you as well).   Please update us on your claim.

 

Early this year, I bought some Birkenstock sandals through Amazon Marketplace from a seller in Germany.   Despite a clearly-placed and acknowledged order, I was sent sandals in the wrong size and colour and had to return them (which cost around £15).   Their replacements were also the wrong size and colour!   Another return was necessary.   After a fair amount of argument, involving Amazon as well as its seller, I got all my outlay back.   It should not have been necessary for me to have to demonstrate to Amazon its seller's obligations in order to secure my rights.   (I was then told by the seller that it had no stock of my required size/colour, although it was still advertising them as available.   At this point I found another seller on eBay, also in Germany, and got the correct item at a slightly lower price without any aggravation.)

 

When I get time, I will post some further general notes on consumer rights when something is defective.   Just bear in mind that it is the retailer who is resonsible for the remedy; any warranty (e.g. by the manufacturer) is in addition to one's statutory rights and may be of little or no extra value.   A defect appearing within 6 months of purchase will be assumed to have been present at the time of purchase unless the seller can prove otherwise.   After this 6 months, the onus is upon the buyer to demonstrate the fault was there at the start.   But, that aside, the general rule is that something must last a 'reasonable' time, given its function and cost etc - so don't simply accept that no claim is possible after 6 months. 

[FastFreddy2]

Going back to those heels that clicked the seller could not find anything wrong with them, so not a happy person.

 

Edit: Did he try walking in them?   

 

 

Seller has been helpful and is happy for me send back to exchange them. Cost me over 6 pounds  to post them. 

 

 

 

£6 !!! 

 

They must have come in a big/heavy box? I send most of my stuff RM 2nd Class Signed For. Even heavy boots go for £4-90.

 

Not that it matters, your 'reasonable' return postage costs should be reimbursed. 

 

 

@Puffer:

 

That German shoe supplier must be run by not-very-bright people to TWICE send out the wrong shoes? That said, I once dealt with a UK company that did the same thing. Neither party could believe the second delivery of the wrong item. (They may even have returned my first return.) Delivery and return charges cost them more than I paid for the item to start with. Expensive exercise for the supplier.

 

If you have a German shoe retailer you'd like to name/recommend, please do.   

Edited October 8, 2014 by FastFreddy2

[Heels]

Just checked the Royal mail web site.To post a medium  size parcel weighing between 501 and 1000 grammes 2nd class recorded, which this parcel was costs £6.30. This parcel weighed spot on 1000 grammes. 

 

 As for the other pair I returned. they did still have  the tags on one shoe. At first I thought the tag was causing the click but it wasn't.

[FastFreddy2]

Just checked the Royal mail web site.To post a medium  size parcel weighing between 501 and 1000 grammes 2nd class recorded, which this parcel was costs £6.30. This parcel weighed spot on 1000 grammes. 

 

A "Medium parcel" is up to 24" (61cm) x 18" (46cm) x 18" (46cm). That is HUGE! 

 

I've never needed more than "Small parcel" which goes up to 13¾"  (35cm) x 9¾" (25cm) x 6¼" (16cm) for shoes or small boots even. 

[Heels]

The seller is going to exchange them for another pair.. Once I get them back I well double check the box measurements.  I don't think the post office woman took any measurements of the parcel so could of charged me for a medium box but maybe I should of been charged  for a small parcel.

[Heels]

Got the shoes back today. I think I,ve been sent back the same pair. There is a crease  on the left shoe near the top which was there on the original pair I was sent.  the cracks are still there on both shoes and there seem to be some wear around the buckles and the holes. Going have to give the seller a ring on Monday. Might take them to a local cobbler and see what has to say.

 

The box measurements are 29x26x9.5. Which make this a medium parcel.  When I go to sell items I make the box to fit the items inside it. When means I cut the box down to fit the heels. Stops heels from moving about and cuts the weight down.

Edited October 11, 2014 by Heels

[FastFreddy2]

I wouldn't bother with a cobbler. They are not perfect, so "not of merchantable quality". Full refund on original purchase and all return postage costs please....

 

The box measurements are 29x26x9.5. Which make this a medium parcel.  When I go to sell items I make the box to fit the items inside it. When means I cut the box down to fit the heels. Stops heels from moving about and cuts the weight down.

 

That is one seriously wide shoe box.  Obviously not designed for UK postal system, or it would be 1cm narrower. 

[Puffer]

Yes indeed, Heels, you should demand a full refund of all outlay.   

 

It is not a bad idea when returning something for exchange to make a discreet mark (with ballpoint pen perhaps) in some inconspicuous place.   Then, if it comes back again, you can readily tell.  

[Heels]

Just sent the seller an message via Ebay . Explaining  the faults with this pair. There is also slight damage to one of the heels.These are not a new pair of heels.  Told her that I,m expecting  my postage costs back as well. She has an online shop as well.

[FastFreddy2]

This sounds like a retailer to avoid?

[Heels]

There is a link to her online website on the other site.  I understand  that there can be manufacturing faults from time to time. I was getting good comms from the seller and I gave the seller the chance to sort this out easy. I would of double check that the replacement shoes were prefect but this is not acceptable.

[FastFreddy2]

 I would of double check that the replacement shoes were prefect but this is not acceptable.

 

Of course you would, as sensible people should. Plainly didn't happen with your order though, unfortunately. 

[Heels]

Returned the second pair back couple of weeks ago.  In the end I lost £7.20  on having to return them. Seller never did say if the heels were faulty or not.  Shame I had to return this pair. They were turning into the  pair I liked the most.

[FastFreddy2]

Returned the second pair back couple of weeks ago.  In the end I lost £7.20  on having to return them. 

 

I'm sure that's not right. Have you advised the auction company your return carriage costs have not been refunded? Usually the T+C's of a trading company will state return carriage costs due to their failure will be repaid.

[Puffer]

I'm sure that's not right. Have you advised the auction company your return carriage costs have not been refunded? Usually the T+C's of a trading company will state return carriage costs due to their failure will be repaid.

 

And often it will not, or will purport to refuse to reimburse them.   But the Distance Selling Regulations require otherwise where incorrect or defective goods are supplied - ALL costs should be refunded.

[Heels]

The first pair that I returned, I wasn't completely sure if the shoes were defective or not so I didn't make a big deal out of it. The second pair which could be the same pair as the first pair I returned  I did get the return costs back.