Certain Shoe Retailer Won't Repair Ripped Shoes

truongster on 18/09/2023 - 16:34
Last edited 18/09/2023 - 19:47 by 1 other user

Hi folks, a bit of a story with this one so I'll try and do a TLDR.

  • Bought runners less than a year for $160.
  • Runners developed a rip
  • Retailer claims it was a cut and/or the shoe was misused and denied repairs.

Long story
Bought some shoes late last year. Haven't had a problem with the shoes until August this year. A few weeks ago I went to the retailer as the shoes developed a rip on the right shoe, front right side. The mesh had ripped (roughly 3-4cm long). I took the shoes back to the retailer (Saturday 25 Aug) and the person at the retailer said this was cut and they wouldn't honor the warranty. I mentioned it was not a cut and wanted to escalate this to the manager. I mentioned I was traveling overseas for 3 weeks and asked when the manager would be back. She mentioned the manager is not available and would be back on the 30th Aug, conveniently after I depart. She gave me the details of head office which I called after leaving the store. Head office mentioned this must be handled by the store and I should have never been forwarded to head office as it was not an online order.

I returned on the 27th of August to try again after being told to go back by head office. To my surprise, the manager of the store was available and immediately knew who I was as I approached the sales desk. He first started saying this was cut and said the shoes would never rip like this due to normal activities unless it wasn't fitted properly. He questioned if I had played any sports in the shoes and I mentioned yes I had. He said this falls within the category of misuse and therefore I'm not entitled to a repair as I had breached their T&Cs. He showed me the door after this.

I sent in a formal complaint with the head office and they mentioned they stand by their manager.
After a few review searches for this particular store (Not the company), it seems like a regular occurrence as the name of the manager comes up with the same issues from past customers.

So my questions are

  • Can a company use misuse so broadly as runners if used for any sports would automatically disqualify them from warranty purposes?
  • What are my options, did a bit of Googling, and beyond a formal complaint it would be the small claims tribunal (NSW) with a fee of $58.

Poll Options expired

  • 32
    Take the loss
  • 9
    Follow through with NCAT
Fashion & Apparel

Comments

  • Ozbar Gain on 18/09/2023 - 16:38

    What sport are the shoes for and what did you use them for?

  • Muzeeb on 18/09/2023 - 16:38
    +3

    Lol

  • jv on 18/09/2023 - 16:38
    +1

    Can a company use misuse so broadly as runners if used for any sports would automatically disqualify them from warranty purposes?

    Yes, that is usually in the warranty conditions.
    They are not responsible unless it is a manufacturing fault.

  • wordplay on 18/09/2023 - 16:39

    They need to stand by their product, good shoes should not rip.

    • dizzle on 18/09/2023 - 19:02

      If you walk past a post with a nail sticking out, and it tears the fabric, that's not a manufacturers fault.

      Now I'm not saying this is the case with OP, but if the manufacturer feels they were ripped by accident or misuse (ie external factors), then their case may be valid.

      • truongster on 18/09/2023 - 19:29
        +1

        Ripped while running and changing direction suddenly.

        • wordplay on 18/09/2023 - 20:03

          catastrophic failure, product not fit for purpose, i hope its not new balance (my shoe of choice, unless playing footbag net when brooks beast reign supreme) as if you do not get satisfaction i will be forced to boycott them.

          please keep s all informed

  • Drakesy on 18/09/2023 - 16:46
    +1

    Bought runners less than a year for $160
    Runners developed a rip

    I think you answered your own questions, i used to run enough to wear through sneakers every 10 months.
    Shoes are like tyres, you can reach their life within a year if you use them enough. I'm going to side with the retailer on this one. In lieu of photos.

    • jjjaar on 18/09/2023 - 20:29

      Yep, shoes are only supposed to get 500-750km out of them. Can very easily do this in a matter of months if you use them enough.

  • 87percent on 18/09/2023 - 16:57

    Nike and their excellent qc?

  • pegaxs on 18/09/2023 - 17:10

    NCAT? Hell, I would chase this through to the supreme court. It's not about the money, it's about sending a message…

  • randomusername2017 on 18/09/2023 - 17:22

    Manufacturer might do something out of courtesy/nuisance. No obligation..hit their socials and shout at ☁️☁️.

  • Heaps for Cheaps on 18/09/2023 - 18:04
    +1

    Where's the option for A Current Affair?

    I voted you should take it to NCAT just to waste your own time.

    Customers like OP is a customer that a business owner directs to their competitors.

  • TEER3X on 18/09/2023 - 18:05

    Sounds like your big toe caused the cut.

    I think there's a song about that, or at least there should be.

  • ihfree on 18/09/2023 - 19:10
    +2

    What shoes and show us a photo

  • payless69 on 18/09/2023 - 19:47

    Does Gerry H sell shoes now?

    • jjjaar on 18/09/2023 - 20:31

      If you can walk in these, then yes.

  • wal990 on 18/09/2023 - 21:37
    +1

    saw the picture, that's a cut, it went clean through the mesh layer(s), unless your have razors for toe nails no shoe stores will see that as ordinary wear and tear.

  • lunebyes on 18/09/2023 - 21:38
    +1

    I feel for the manger of the store having to listen to these complaints and excuses.

  • Drakesy on 18/09/2023 - 23:33
    +3

    Ok now that we've seen the photos.

    OP ripped their shoes one day and now wants the retailer to pay for CoMpeSaZioN.

    Manufacturing failures are along seams
    Not in the middle of mesh.

    • Gunnar on 19/09/2023 - 14:22
      +1

      I’ve had runners rip before and exactly this. They go at the seams first. When they go in the middle it’s usually progressive and a top layer will go before the others.

      That looks like a ‘user error’. Given how much tread there is on the bottom of that shoe, and the condition of the upper, there is no way a shoe like that would do that from a manufacturing defect

  • original15 on 19/09/2023 - 19:50

    Picture looks 100% like a clean cut vs a rip
    Sorry OP

  • 1r4n14n on 19/09/2023 - 21:12

    There’s no way that just ripped by itself. You must’ve snagged it against something. Take the L and purchase another pair.

    • truongster on 19/09/2023 - 21:52

      No snag, was ripped indoors

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