These boots aren't made for walking; can I get my money back, please?
October 11, 2011 9:37 PM   Subscribe

Please help me get a refund for my defective boot.

On Saturday, I bought this pair of boots from Joneve. I wore them to the grocery store Saturday, and then to work today. While I was sitting at my desk, I picked up my heel and noticed that the rubber sole had come apart from the heel on the right boot. It is only attached by a flap of glue or some kind of thin synthetic material.

Needless to say, I'm not impressed by this turn of events. I went to Joneve today to return the boots and get a refund, but they declined to refund my money. Their reason was because they would not be able to re-sell the boots, so they could only give me a store credit or replace the boot.

I do not want the boot repaired or replaced. After wearing the boots twice and having the heel fall apart, I am not confident that the boots will hold up even with normal wear and tear. I also do not want store credit because I don't shop at the store often, and they didn't have any other boots that I wanted.

I did get the store manager's name and will be calling her tomorrow. What can I say to maximize my chances of getting a refund? My thoughts are this:
-the boot is clearly defective
-the manufacturer guarantees their products, but only through their retailers, so it would seem that Joneve can get their money back through the manufacturer, though I cannot (I have emailed the manufacturer to ask though)
-I should not have to take the hit for their inability to re-sell the product - of course they can't re-sell it, it's defective!
-offering to replace the boot (which they did tonight) also does not help them re-sell the defective pair, so if they're willing to offer me that, they should be similarly willing to offer me a refund. They're still out a pair of boots regardless, and they can still pursue a refund from the manufacturer.

Of note is Joneve's return policy, which does state that products must be unworn in order to get a refund. However, I had no intention of returning the boots until I discovered they were defective, which only happened after having worn them. The return policy does not mention defective items.

What advice can you give me? I feel that they have a moral obligation to refund me the money, but since they already have my money, I'm not in a strong negotiating position. I paid by debit, so I can't pursue a charge-back on a credit card (lesson learned on that front). I am willing to escalate this as far as I can (I've already looked up the CEO's name) given that the boots weren't cheap and they were so obviously defective.

Thanks!
posted by just_ducky to Shopping (8 answers total)
 
Hmm, I would really try for the replacement boots. If you think that this particular boot is defective, why not try one more pair? If the same thing happens again, I would think that then you'd have a stronger argument for the full refund.

Talking to the store manager is the best bet, though. Often times clerks aren't authorized to do anything other than follow the standard policy, but a manager (even a shift manager) can make a different decision.

Also, being nice about it can really help--I find this a bit challenging when I'm mad, but you catch more flies with honey than vinegar, etc. Being friendly about the whole thing can lead to better results in situations like this.
posted by bluedaisy at 10:03 PM on October 11, 2011


bluedaisy wrote: Also, being nice about it can really help--I find this a bit challenging when I'm mad, but you catch more flies with honey than vinegar, etc. Being friendly about the whole thing can lead to better results in situations like this

This is so true when it comes to getting good customer service. If you're nice, outline the problem and hint at a solution, people want to help you. If you're rude or angry, they're much more likely to stick to the written policy 100%. Something as simple as taking note that they're busy and offering to return later for a resolution can create enough goodwill to get what you want.
posted by wierdo at 11:05 PM on October 11, 2011 [1 favorite]


Did you pay on a credit or debit card? If so, contact your credit card company or bank and initiate a chargeback on the basis of defective goods or goods not as described. The way this works is that the money will be removed from the retailer's account and put back in yours, and then Joneve must argue why you should have to pay for these boots. I think they would be in some difficulty trying to defend their position, given that the boots have only been worn twice and have started to fall apart.

You could also contact your local Better Business Bureau or State Attorney's office. The boots were not fit for the purpose for which they were sold, or the heel would not have come away like that.
posted by essexjan at 1:12 AM on October 12, 2011 [1 favorite]


It's really important to know where you are in order to answer this question properly, as it will affect your rights. In a lot of places, as essexjan refers to, goods need to be fit for purpose and if they're not, you're entitled to a refund. Depending on where you are, this is an open and shut case.
posted by rubbish bin night at 8:12 AM on October 12, 2011


essexjan, OP stated she paid with a debit card.
posted by violetk at 8:58 AM on October 12, 2011


Visit your province's web page, and find the Canadian verison of the attorney general's pages. There will information about consumer complaints. I would absolutely insist on a full refund because the product is defective. period. When you visit again, call 1st, make an appt. with the manager, and be prepared to cite consumer regulations in your province. Joneve's corporate info. As always in customer service issues, be polite, friendly, understanding of their point of view, and don't take No for an answer when you have a fair complaint.
posted by theora55 at 10:08 AM on October 12, 2011


essexjan, OP stated she paid with a debit card.

This doesn't preclude initiating a chargeback. The Mastercard and Visa chargeback rules allow a customer to initiate a chargeback in situations where, amongst other things:

The authorized owner of the account number used claims that he/she did not engage in or authorize the transaction.
The cardholder claims that the merchandise or services for which they are being charged have not been received.
The cardholder claims that the merchandise or services received were not as initially described or were received in defective condition.
The cardholder claims that the transaction was cancelled and/or the merchandise was returned.
A valid authorization number was not obtained for the transaction in question.


The rules don't apply just to CNP (cardholder not present) transactions. It would definitely be worth trying, there's nothing to lose from asking your bank to do this.
posted by essexjan at 12:41 PM on October 12, 2011


Response by poster: Thanks everyone for the answers. Just to update, I called the manager today and explained what happened to the boots and that I'd like a refund for them. She said yes right away, which was kind of anti-climactic after I did as theora55 suggested, and looked up applicable provincial legislation (in BC, the relevant legislation is the Sale of Goods Act, under which the company is legally obliged to give me my money back). I was ready for a fight, but it didn't get to that stage at all.

I am going to into the store tomorrow for a full refund, yay!
posted by just_ducky at 7:38 PM on October 12, 2011


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