Hello i’ve recently bought some custom made shoes from France. Firstly they took 6 weeks to arrive as the first pair they made was faulty (so they didn’t send it) and now they have arrived, with a huge amount of damage to both shoes on the zipper lining.
I have asked for a refund but at this point have only been offered an exchange. They haven’t denied a refund yet just haven’t addressed it. I cannot wait any longer to receive the boots in the condition i want.
I just want a refund…what are my rights. I don’t mind returning the shoes obviously. but this is serious money (£500 total including VAT/Customs duty).
Thank you. This is causing a lot of anxiety as you can imagine. Bought with a debit card not a credit card.
The rules for custom made items are slightly different - based on the assumption thatthe UK distance selling regs were modelled on the EU ones I assume that they are (or are still) similar, you can’t just reject the goods without cause, for instance.
Given that these are faulty/have manufacturing defects I would think you have the right to a refund, but securing it could be tricky - any legal action would have to be in France for instance.
A credit card would have made things easier.
Research the relevant French legal “code” and quote it in a letter - send everything recorded delivery with proof of delivery. These can take a while to get from the UK to their destination, La Poste has a service where if you upload a PDF they will print it and send within France (avoids the dreaded CN22) though it is about the same money as sending from the UK. They also have template letters so you could have a look if any fit your circumstance.
What’s your French like?
Someone else might be able to direct you to the right bit of French consumer law or provide a template for a letter demanding a refund.
My french is dreadful as i only remember what i learnt when i was a child haha, but google translate is my friend (although i know of its inaccurate nature)
Basically on the shoe companies website they say if goods are not the right size etc. You have no right to a refund for custom made shoes. But they do not touch on whether damaged goods are entitled to a refund. I took pictures as soon as i opened the box and had arrived, they are clearly unworn.
I am hoping that their good nature will lead to a refund. Sadly they replied quickly to my first email, but still awaiting a second reply after 3 hours.
I have tried desperately to find the french law regarding this matter, but none of it is specific to custom made/unique made items. I do see EU law although i’m not sure if that applies. I know that in England i would be entitled to a refund.
Thank you for your reply. I really hope this is resolved because i am one hundred percent not accepting an exchange for the trouble i’ve been through.
here is a link to their website terms and conditions. Would this give you any idea to the chance of a refund?
thank you so much for your help. i spoke to the bank and they seem to think whatever their t&cs say, is what goes.
now that i look back on it, i am annoyed i didn’t cancel the shoes as i had the right to according to their t&cs , since they took over 4 weeks to ship them.
No, T’s & C’s cannot trump the law so if a company says “no returns even if faulty**” you are not bound by it.
“Droit de Rétractation” is your distance selling rights (I think, anyway) - you would not be exercising those so it doesn’t really matter what the company says on its web site in that regard.
As noted custom made items don’t come with an automatic, no reason necessary right of return but they do come with a standard guarantee of conformity - that’s the last link which covers faulty goods (goods should be “as described, of satisfactory quality and fit for purpose” in the language of the UK sales of goods act - since replaced by the Consumer Rights Act 2015).
That’s why you need to be clear about which of your consumer rights you are exercising.
**: which they are basically trying to say with the bit about shoes that do not fit.
yes yes yes. i hope this is what i can use. So when they come back to me with this nonsense about exchanges, i can say this?
and about returning the item. is the company required to refund the shipping costs? because i payed £20 shipping to la botte gardiane, and $150 for VAT&Customs duty, which i’ll have to pay again for returning the item.
the bank (First direct) were basically saying they can exercise a chargeback if i send the item back, but the shoe company will just dispute that and say in their t&c’s we don’t issue refunds.
i hope the lady who told me that has no idea what she’s going on about. id have no problem taking legal action because this is half a grand and potentially more if this becomes a shipping issue
You can get a full refund by returning the product (termination of the contract) or partially by keeping the product (price reduction), if the repair or replacement:
are impossible (for example, if production has been stopped),
or cannot be implemented within one month of your claim,
or create a major inconvenience (that is, the good does not have the qualities advertised by the seller or agreed with you. It may also be a good that has a manufacturing defect, an imperfection, a poor assembly).
Please note
The reduction of the price or the termination of the contract must not give rise to any costs (delivery, labor, material,…). However, if this is the case (postal charges for returning the goods, for example), they must be refunded to you.
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what i am worried about is the fact that they can replace the item within one month easily. what part of those 3 bullet points can i even argue to them. the 3’rd? they could argue that the next pair of shoes they supply to me will not have those issues.
one thing to note i also thought the work on the shoes was sloppy. The gum on the soles was peeling.