I recently bought some mtb shoes. After a couple of rides the RH shoe had a crease/ridge/fold in the (fairly stiff) material inside the toe box, sort between the big toe and next toe. While actually riding, it meant that my big toe would rub slightly against the ridge. A few more rides and it just got worse to the point of being quite uncomfortable.
There was no damage to the outside of this section so it was clear that the shoe hadn't been hit from the outside.
Being so new, I sent them back to the shop for a warranty replacement.
I got an email back saying that I wouldn't be getting a warranty replacement because:
The creases that you state rub your feet are not a manufacturer defect but how your feet have moulded the outer of the shoe during use.
Not happy with that as it seems unreasonable and I've never seen or heard of it happening on any other shoes, I pushed them on it and they agreed to send them to the distributor to look (I know that my contract is with the shop but I didn't mind them doing this so long as I got replacement shoes - I also made this clear to the shop).
Fast forward a couple of weeks and I've had them reply that the distributor refused the claim and the shop has posted the shoes back to me.
Obviously unhappy, I replied as follows:
I find this very disappointing and I’m not willing to settle this as being out of warranty.In your original email (below), you stated
“The creases that you state rub your feet are not a manufacturer defect but how your feet have moulded the outer of the shoe during use.”
This cannot be a reasonable position to hold. I have used the shoes for their intended purpose and they have deformed in a way that no other (XXXX brand or otherwise) shoes I have ever used have or indeed that anyone else I have discussed this with has seen either. This is not normal.
I’m sure you understand the consumer rights on warranty which mean that since the shoes are less than 6 months old, you have to prove that the shoes are not faulty. Shoes creasing after such a short period of correct usage makes them not fit for purpose.
The distributor’s involvement is irrelevant to this issue. I bought the shoes from you, you are responsible for the warranty.
Could you please provide me with a phone number so that I can discuss this with you.
I look forward to hearing from you soon.
to which I got the following response
I have addressed this situation with both the senior site manager and web commerce manager and the decision over the warranty claim still remains. This also takes into consideration the feedback supplied by the manufacturer’s UK representative, a copy of which has been placed in the return package to you.The shoes were returned to XXXXX for warranty inspection only and no further comments, other than the mention of the crease, were given to them so as to receive an unbiased and fair feedback. Had XXXXX agreed there was a claim to be made then we would of immediately offered a replacement to you but in this instance they state that it was not a valid claim and so, based upon our initial refusal, then this is the final decision. We are willing in this instance only to offer you a replacement pair at trade cost as a goodwill gesture but this is the most we can offer under the circumstances.
We are sorry that this has not been the outcome you had requested but obviously if wish to seek further advice from Trading Standards or similar we will be happy to provide any relevant details that are required.
Finally with regards to telephone numbers these are for internal use only as all warranty correspondence is via email so as to record a written trail. Our Customer Services number is for orders only, not for warranty claims. Should you wish to make a formal complaint then this can be made to XXXX
Apologies for any disappointment caused.
Best regards,
All dealt with very politely but not fairly I reckon.
I haven't yet had the shoes so I haven't actually seen the distributor's comments but irrespective, I don't see what they could possibly say that would make it not a warranty claim.
So, the big question, am I being unreasonable or are they?
