Faulty Boots- anyone know what my rights are?

16
Posted 15th Sep
Hi, I bought a pair of boots, new, on ebay. I wore them for about 3 days when the heel became loose. I took them to a few repair shops who said they couldn't repair them, apparently Steve Madden heels are different to most others. They said they would need to be returned to the manufacturer.
I contacted the manufacturer who tell me it's not their responsibility as I bought them from a third party. I contacted the seller who tell me its not their responsibility because I have worn them.
They are clearly faulty and not fit for purpose. Is it really no-one's responsibility to repair them or take them back?
I did pay for them via paypal. Should I go via that route. I do think the manufacturer should have more interest though in completely faulty goods that they are making and selling. I did email them back to say the seller was not interested but they didn't bother replying that time.
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16 Comments
You are covered by Ebay/Paypal protection. Make a return claim and put it as faulty.

Click me.
Edited by: "shabbird" 15th Sep
shabbird15/09/2019 10:54

You are covered by Ebay/Paypal protection. Make a return claim and put it …You are covered by Ebay/Paypal protection. Make a return claim and put it as faulty. Click me.


Take pictures and submit them with your claim.
under 30 days(?) so you are rejecting them as per your consumer rights

which.co.uk/con…ght

Your contract is with the seller not the manufacturer.
Edited by: "Bertz99" 15th Sep
Paypal does not offer a warranty, so go the ebay route but be careful with the phrasing of the issue. Ebay's interpretation of your phrase "wore them for about 3 days" may not be plausible if your ebay purchase history indicates you purchased the boots xx months ago, and stating that you initially voluntarily attempted to have them repaired may indicate that you had accepted the goods in the condition they were supplied. Additionally, resolution may be more difficult if the seller was not a trader.
shabbird15/09/2019 10:54

You are covered by Ebay/Paypal protection. Make a return claim and put it …You are covered by Ebay/Paypal protection. Make a return claim and put it as faulty. Click me.


You are not covered by either. Ebay and Paypal protection is for goods found faulty on first use/delivery etc and neither are a warranty.

You only have consumer rights if you purchased from a business (was it a business seller?).

Any warranty rights remain at the T&C of the giver of said warranty.
If private seller (and not a business} will be difficult . You have worn them and only now decided against them . Best of luck .
Thanks. I didn't know they were faulty until I had worn them. I wouldn't have been able to tell otherwise. It doesn't seem right that a pair of boots would only last 3 days and it's buyer beware.
Edited by: "treecreeper" 15th Sep
Post a pic of the fault as may be repairable with mitre fast or similar
treecreeper15/09/2019 17:02

Thanks. I didn't know they were faulty until I had worn them. I wouldn't …Thanks. I didn't know they were faulty until I had worn them. I wouldn't have been able to tell otherwise. It doesn't seem right that a pair of boots would only last 3 days and it's buyer beware.



Under a private seller, advertised as new, that would still come under the sales of goods act. That stipulates the goods must be of satisfactory quality.

As Andy Royd states though do not volunteer more information than necessary to state your case.
Bertz9915/09/2019 18:11

Under a private seller, advertised as new, that would still come under the …Under a private seller, advertised as new, that would still come under the sales of goods act. That stipulates the goods must be of satisfactory quality.As Andy Royd states though do not volunteer more information than necessary to state your case.


The sale of goods act was superseded several years ago and I'm pretty sure those clauses didn't apply to private sellers anyway. It was mainly that the item be as described.

So if the seller knew the heel was faulty and advertised the goods as being in wearable condition you'd have a case, otherwise for private sales the seller doesn't have to provide any sort of guarantee the the item will continue to work.

A private seller would be someone selling shoes they bought for themselves and no longer want, business include individuals who bought shoes to sell for profit. A business is legally required to take responsibility and repair, replace or give you a full refund for the shoes.

Manufacturer's responsibilities only lie in fulfilling what they've promised. They're perfectly entitled to only offer warranty if bought through sellers of their choice.
EndlessWaves15/09/2019 18:30

The sale of goods act was superseded several years ago and I'm pretty sure …The sale of goods act was superseded several years ago and I'm pretty sure those clauses didn't apply to private sellers anyway. It was mainly that the item be as described. So if the seller knew the heel was faulty and advertised the goods as being in wearable condition you'd have a case, otherwise for private sales the seller doesn't have to provide any sort of guarantee the the item will continue to work.A private seller would be someone selling shoes they bought for themselves and no longer want, business include individuals who bought shoes to sell for profit. A business is legally required to take responsibility and repair, replace or give you a full refund for the shoes. Manufacturer's responsibilities only lie in fulfilling what they've promised. They're perfectly entitled to only offer warranty if bought through sellers of their choice.


Sales of goods act applied to all sales. Consumer rights act doesn't (there is a clue in the consumer bit)

As to it being superseded you seem to not understand SOGA has not been repealed. Where the context is not specified in consumer rights act then SOGA is still applicable in current law - as per this example if it is a private seller.

The seller could have also not advertised and sell them as new which would indeed negate their responsibility and ownership of issues ongoing (if a private seller). New stipulates something different under SOGA including that all important term "satisfactory quality" a term used specifically after merchantable quality deliberately to support the purchaser.

The contract formed follows where the monies are paid, the buyer has no contract with the manufacturer unless they were the seller.
Edited by: "Bertz99" 15th Sep
chocci15/09/2019 17:19

Post a pic of the fault as may be repairable with mitre fast or similar


38475825-iy8o5.jpg
Tried to take a pic of the gap that has appeared between boot and heel.I'm not pulling it in the pic. It wobbles around a bit.
Edited by: "treecreeper" 16th Sep
treecreeper16/09/2019 22:28

[Image] Tried to take a pic of the gap that has appeared between boot and …[Image] Tried to take a pic of the gap that has appeared between boot and heel.I'm not pulling it in the pic. It wobbles around a bit.


I would try really strong 2 part adhesive. Mitre fast sticks everything fast and very strong


screwfix.com/p/m…wcB
Edited by: "chocci" 17th Sep
chocci17/09/2019 08:14

I would try really strong 2 part adhesive. Mitre fast sticks everything …I would try really strong 2 part adhesive. Mitre fast sticks everything fast and very stronghttps://www.screwfix.com/p/mitrebond-aerosol-kit/28848?kpid=28848&ds_kid=92700023141680420&gclsrc=aw.ds&ds_rl=1249416&ds_rl=1241687&ds_rl=1245250&gclid=Cj0KCQjwiILsBRCGARIsAHKQWLN-fV1NUBFnOiIUdPgP3s8sZd0ZyGrR-y3_yg7CJwZKsYMsMNRNGfAaAmhuEALw_wcB



Wow, I have used many glues and somehow never heard of this stuff before, does any excess overspray of the activator clean away easily and does it damage paintwork?

Edit: After some quick googling it appears to simply be a standard cyanoacrylate superglue with an activator, you can also use baking soda with superglue to activate it and form an excellent strong bond quickly - ive used it to rebuild broken plastic parts with missing bits as it can be filed down afterwards, Ive even used it on a broken windscreen washer bottle that had a 5p sized piece missing, still going strong a year later even though I ordered a replacement I am keeping the original in use as a sort of experiment in how long it lasts. I also used it to secure a loose centre pin in a distributor cap whilst I waited for a new one to arrive. I will buy some of the mitrebond for comparison though (if the police ever searched my tool box it would raise questions about the small bags of white powder stashed in an old tobacco tin though).

The MSDS sheet for the mitrebond accelerator seem to match this off brand version that works out at £2.50 a can in that heptane is the accelerator. In which case you would be able to use it with any superglue (I dont find one brand of superglue to be any better than another regardless of price).

This has lead me to a rabbit warren of googling and research now. Its amazing what secrets MSDS sheets give up.
Edited by: "harlzter" 17th Sep
harlzter17/09/2019 10:46

Wow, I have used many glues and somehow never heard of this stuff before, …Wow, I have used many glues and somehow never heard of this stuff before, does any excess overspray of the activator clean away easily and does it damage paintwork?Edit: After some quick googling it appears to simply be a standard cyanoacrylate superglue with an activator, you can also use baking soda with superglue to activate it and form an excellent strong bond quickly - ive used it to rebuild broken plastic parts with missing bits as it can be filed down afterwards, Ive even used it on a broken windscreen washer bottle that had a 5p sized piece missing, still going strong a year later even though I ordered a replacement I am keeping the original in use as a sort of experiment in how long it lasts. I also used it to secure a loose centre pin in a distributor cap whilst I waited for a new one to arrive. I will buy some of the mitrebond for comparison though (if the police ever searched my tool box it would raise questions about the small bags of white powder stashed in an old tobacco tin though).The MSDS sheet for the mitrebond accelerator seem to match this off brand version that works out at £2.50 a can in that heptane is the accelerator. In which case you would be able to use it with any superglue (I dont find one brand of superglue to be any better than another regardless of price). This has lead me to a rabbit warren of googling and research now. Its amazing what secrets MSDS sheets give up.



Whatever it is, its damned strong. Stuck a pelmet mitre together and couldnt break it open again as it was off slightly
chocci17/09/2019 08:14

I would try really strong 2 part adhesive. Mitre fast sticks everything …I would try really strong 2 part adhesive. Mitre fast sticks everything fast and very stronghttps://www.screwfix.com/p/mitrebond-aerosol-kit/28848?kpid=28848&ds_kid=92700023141680420&gclsrc=aw.ds&ds_rl=1249416&ds_rl=1241687&ds_rl=1245250&gclid=Cj0KCQjwiILsBRCGARIsAHKQWLN-fV1NUBFnOiIUdPgP3s8sZd0ZyGrR-y3_yg7CJwZKsYMsMNRNGfAaAmhuEALw_wcB


Looks like I shall be giving it a go...I shall report back:) Thanks
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