Brora online store & boots not as described.

[keltickspirit]

I purchased a pair of cowboy boots from Brora online store, & the boots are described as having leather uppers & soles.When the boots arrived, they have rubber soles.I contacted Brora customer services only to be told they have rubber soles as by law they have to for health & safety. Next, I mail Penelope Chilvers website, as the boots have the Penelope Chilvers logo inside the boots.A very kind member of Penelope Chilvers staff was very helpfull & informed me by mail, that the boots are 100% leather sole, & has no idea why I was told what I was told by Brora. What do I do now ? talking to Brora customer services was like banging my head off a brick wall & they are in complete denial that the boots have leather soles but clearly state on the website that they have leathwer uppers & soles.

[raydetinu]

As you bought these on line you are covered by the distance selling regulations and you can return the goods within 30 days for any reason and they must refund your money including postage costs ( not the return cost though ). they have 30 days to return money from the moment ask them you want your money back not from the day they are returned.

If they muck you about and you paid by credit card you can do a chsrge back by contacting them.

[Conniff]

Almost Ray, it's seven working days from the day after you receive them and thirty days to do the refund.

The return cost is only up to the buyer if it says so on their site.

[raydetinu]

OOps yep 7 days should of read them again! and/or from receipt of terms and conditions I think.

[gyzmo]

they have rubber soles as by law they have to for health & safety. Next,

 

Hmmm. At typical response. "lets make something up and believe it!" How on earth do they make this crap up? If they were boots for use on a petrol forecourt for example, then I could understand the statement (British Standards) if not the accuracy - but that is a digression.

 

What do I do now ? talking to Brora customer services was like banging my head off a brick wall & they are in complete denial that the boots have leather soles but clearly state on the website that they have leathwer uppers & soles.

 

Well Brora have attached a description to it and they have breached the contract by failing to supply goods that conform to that description - pure and simple. Not only is it a breach of contract (s. 13 Sale of Goods Act 1979) but it could also be an offence.

 

With regards to getting your money back, the DSRs 7 days is for "changes of mind". This is irrelevant where the return is for a breach of contract, as is the case here. Also, the seller is responsible for the cost of return no matter what the contract says, and unless specifically stated otherwise, you can ask then to pick up the goods which you must make available for collection for a period of time (which escapes me). After that time, you can leave them in the front garden or on your roof if you like - your duty of care is extinguished. If they go missing - tough. You're still entitled to a refund.

 

And this is the seller's problem - not the manufacturers and certainly not yours. Do not entertain anything otherwise.

 

In any case, definitely report this to Trading Standards / Consumer Direct - even if you do get your money back. Info like this is sorely needed.

[keltickspirit]

Thankyou Gyzmo & everyone else for your time & information.

I have just spoken with Brora customer services having quoted to them very nicely that they are in breach of contract. Someone will contact me later this afternoon on the matter.I also contacted Penelope Chilvers who supplies the boots to Brora & she said " the boots come with a rubber sole " & not leather as stated on the Brora site.

 

I await a phone call from Brora.

[Conniff]

Also, the seller is responsible for the cost of return no matter what the contract says

 

If your refering to the DSR and not faulty or misdescribed goods here, then the customer can be required to pay for the cost of return to the seller.

If it does not say they have to pay the return costs, then they cannot be charged for the return.

 

 

The Regulations permit the supplier to include in the contract a term requiring the consumer to return the goods to the supplier at their own cost. The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection.

[keltickspirit]

If your refering to the DSR and not faulty or misdescribed goods here, then the customer can be required to pay for the cost of return to the seller.

If it does not say they have to pay the return costs, then they cannot be charged for the return.

 

 

This is what it statws on the Brora site:

 

Return of Faulty, Incorrect or Sub-standard Products

 

If the products you return are faulty, incorrect or damaged in transit, we will refund you the cost of the return postage, as well as the goods and your original postage and packing charge. Please return the item(s) following the steps above.

[keltickspirit]

Just had a call from Brora customer services.I have to send the boots back & they will issue a full refund inclusive of return postage so long as they are returned signed for so they can be tracked.

[keltickspirit]

Brora contacted me by phone today, they have received the boots & have issued a refund, but the refund will take 10 days to go into my bank account.

[keltickspirit]

Still waiting on my refund from Brora, & noticed the day after my complaint to them, they changed the wording on their descriptionof the boots to leather sole with rubber protection.Just had another look today & they have reverted back to their original wording of leather uppers& soles for the boots.I did inform Trading standards of my dispute with Brora & they mailed their answer back to me stating that Brora were in breach.I just can't believe that Brora are up tp their old tricks again with the wording on their site that the boots have leather soles.......Misleading yet again some more honest people!!!

[gyzmo]

Interesting - have you told TS of the change of wording? Get screenprints if you can an send (polite) reminder to Bora re. your refund.