Consumer rights help (shoes)

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RileyB

247 posts

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#138476 6-Jan-2014 13:40

I have a pair of shoes that I bought for work from a company called solemate. They are designed specifically for my type of work, and the company has a poster up in our smoko room with the particular model of shoes I bought as the recommended ones.

The shoes cost me $129 and within two weeks the stitching started coming undone, after contacting them I was told it was just cosmetic and the shoes would be fine.
Four months on the the shoes are falling apart, there are massive holes in the top, and on the inside at back of shoe, exposing a piece of plastic that has been causing the back of my feet to bleed.

My main question is, are these considered goods for personal use, or trade goods, and has anyone had much experience with getting shoes replaced, ie what is a reasonable amount of time to expect shoes to last? There website says "SoleMate will issue a refund on all footwear returned within 90 days should there be a manufacturing defect" but 90 days doesn't seem like very long for a $129 pair of shoes.

mattwnz

20147 posts

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#961878 6-Jan-2014 14:02

IANAL, but I think it should be covered by the sale of goods act. The CGA may not cover it if used for business purposes.
If the stitchcing is coming off, I think they should either repair, replace or refund, as I am sure it isn't designed to come off, even if cosmetic, unless they have a design fault. Was the stitching coming apart cosmetic though, you would be able to tell? If they are falling apart, it doesn't sound like it was only cosmetic. How much abuse do the shoes get?. $129 for good quality work boots isn't that much, you can pay a lot more, and their life depends on the work and how much abuse they get, so it is all relative. However for personal use, you would expect shoes to last a lot longer, but you use them for work purposes, so it isn't the same thing, so you probably can't expect the same life out of them.

ubergeeknz

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Vocus

#961879 6-Jan-2014 14:04

I'd get in touch with them and see what they will do first.

Oblivian

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#961949 6-Jan-2014 15:01

You have worn through the rear padding and exposed the heel support internals? THat may not necesarily be a sign of bad construction. Its common in a mis-fitted shoe. Called heel-slip. (where you think you got the right size, but like good leather does it stretches/softens and padding will shrink if you go a bit too big and all of a sudden it does not grip your heel/rear foot area when you flex the foot during walking etc)

I can see where they are comming from with stitching. Especially if it is the upper onto the sole - It's not often used to hold them together these days. But more bonded.

If you need steelies that don't look like steelies I recommend treadlite benmores. Sub $100 from Proctector Safety off the shelf
http://www.protectorsafety.co.nz/servlet/Srv.Ecos_Signon?CN=16196&AC=cg4H9mqp6H3KS0D7&UC=PSGUEST&product=404763

gzt

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#962000 6-Jan-2014 16:49

You definitely need to talk to them and explain the situation and ask what they think about it and what they will do for you. Mention your work place name where they have a good reputation. Most businesses will not risk reputation for something that could be easily fixed.

RileyB

247 posts

Master Geek

#962005 6-Jan-2014 17:01

Emailed them a couple weeks ago and no reply yet, I'll give them a couple more days use to the time of year.

These are the shoes, bought them mostly for the non-slip sole designed for working on tiles:

gregmcc

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#962009 6-Jan-2014 17:05

1st question, how did you pay for them? with you personal funds or did your employer pay for them?

if you paid for them with your personal funds then you have the protection of the CGA.

If you're employer paid for them, then only the fair trading act covers you, to me it seems like the boots should be replaced as they are clearly not suitiable for their intended purpose due to a manafacturing defect, go back to where you got them from and have a talk to the manager of the store.

gzt

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#962013 6-Jan-2014 17:13

Rule of thumb - unless it's Internet based sales email is hopeless 97 times out of 100 for that kind of communication. Don't ask me why some of these places even bother to have an email address.

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Trade NZ and US shares and funds with Sharesies (affiliate link).

RileyB

247 posts

Master Geek

#962061 6-Jan-2014 18:56

I paid for the shoes, but work organised it all, as far as I know they pay for it from their bank account and I just reimbursed them. I think work orders them via email.

I just got a reply about 30 mins ago, basically saying it's my fault for having wide feet and not cleaning my shoes (I clean my shoes at the end of every shift). Apparently the model I bought is not designed for wide feet and I should have gotten the lace up model which is designed for wide feet. Nothing on the product poster, or there website says this however.

I also posted a review of the shoes to there website, it said "Hugely disappointed, fallen apart after just 4 months, shocking for a $129 pair of shoes".

They sent this in reply "We received you comment which you clearly sent in anger or frustration. We do not consider this appropriate as you have not had the footwear inspected and you have not offered anything constructive to the website."

jeffnz

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#962063 6-Jan-2014 19:02

what does your work say as they paid for them in first place so you actually bought off them, splitting hairs I know but they have the pulling power not you.

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gregmcc

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#962091 6-Jan-2014 19:49

have a look at the fair trading act

fair trading act

You may find something in there to help you.

Because work paid for them from the shop the CGA doesn't apply, but the CGA does apply between you and work, although pissing off your employer over a pair of boots would not be the best course of action, your other option is to deal directly with the manafacturer or importer (this is a right you have under the CGA).

It all depends on how far you want to take it, leaving feedback on the shops facebook page is a way to go, although you seemed to already have done that, maybe try again?