Child's shoes have split, what are my rights?

[tigwig]

6 days ago I bought my 5yr old some shoes. She wore them twice and they have scuffed badly (which fair enough is her fault) but also the sole has come away resulting in them being impossible to wear. I tried to take them back today with the receipt explaining how long I had had them and that they had only being used twice. The manager refused to give me a refund and said I could exchange them. I said they were not fit for purpose after breaking within 6 days and I didn't want any more of them. She reluctantly phoned head office and told them it was my daughters fault and the shoes were not faulty so they said an area manager could come and assess them on Friday. I said I wasn't happy with that and wanted my money back today to which she refused again. I took the shoes and left! I then went to another shoe shop and asked 2 further people their opinion and they agreed with me. I plan to write to head office but do I have a right to my money back or not?

[Mamyalynne]

Absolutely yes! What they have sold you is not fit for purchase.

[bigfoot3000]

Area manager? Why all that palaver, wouldn't it just've been easier to refund you? How much were these shoes?

[mike11111]

The fact that the manager offered to exchange them is an admission that they were faulty, otherwise he would be under no obligation to do so. Therefore under the Sale of Goods Act 1979 they are not of merchantable quality and you are entitled to a refund.

[craft1948]

I had this problem with a shoe shop.....after being refused a refund I sat down in the shop, and threatened to tell every customer who came through the door about their crap shoes.....the manager virtually threw my money at me.

[boxtops]

Not fit for purposes (even if they are scuffed) - soles should not fall off after a few days. Go to Trading Standards if you don't satisfaction.

[R1Geezer]

yes do what craft suggests, they love to try and bully you. Alternatively threaten them with a claim at the local small claims court. That will add costs of £120(I think) + interest and they know they would lose. The goods are demonstrably not fit for purpose and they have admited as much by offerring a replacement. Game over!

[R1Geezer]

Don't pi55 about writing to head office they'll just give you the run around, do a "craft" or do a small claim, they'll pay up belive me.

[tigwig]

Thank you for the answers, I have already drafted a letter to head office so may as well send this and I've quoted the Sales of goods act to them so if no joy then I will threaten to take them to court over £8! Its the principle though isnt it?