Whether they fit you or not, and thus are the correct size for you or not, you do have an argument to say that you were deceived over the stated size of them. If you're led to believe they are a particular size this impacts your decision to purchase them because you have to consider the sizes your bindings can accomodate. Believing they are a specific size, and therefore will fit your bindings, can be argued is part of the purchasing decision, not just whether they fit (as 'fit' is entirely subjective).
I guess the first thing you need to do is have some proof of exactly what size they are - get the actual measurements of the sizes from 32 and see how your boots compare. If they are indeed a larger size than stated, and the actual size has been hidden, you may have a case under the Sale of Goods Act and Trading Standards may well be able to help you with your case. Or perhaps try Citizen's Advice for help.
However, the fact you have taken so long to figure this out, and have worn the boots beyond just trying them out, weakens your case considerably. I can't remember the Sale of Goods Act specifically but it does place time limits on acceptance, and the rules are slightly different for mail order items. 6 months is ringing a bell for some reason......like 6 months is a reasonable amount of time after initial purchase for you to decide there is a problem, or for the perceived problem to potentially be of some other origin than a manufacturing defect etc. Though if the deception is as blatant and you think it might be, then you just never know, it may bring in other cases of law beyond Sale of Goods.
fra3er
Post subject:Posted: Mar 13, 2010 - 03:30 PM
First post: May 20, 2009
Total posts: 292
Location: Stewarton
Status: Offline
get trading standards involved asap. It wont matter how long u have had them for, if they can decieve you who else are they deceiving. 32 wouldnt stick a sticker over a sticker, that will be the shops doing to sell them. It costs them more to stick a sticker over than just sell them as wrongly marked. Hope you get it sorted.
First post: Nov 30, 2004
Total posts: 498
Location: uk
My advice of course is worth what you paid for it and my liability similarly limited.
I'm not sure what "trading standards" is, but you'd probably be more concerned with the Sale of Goods Act 1979 (as amended) or the Consumer Protection Act. The problem I would say is that it sounds like you may have accepted the goods, which basically screws your case.
Locking the door after the horse has bolted...
It's really, really a bad idea to buy stuff you've not ridden, and buying boots when you can't go straight out and ride them is, well, not advisable in my view. Standing in your gear at home or riding it on a small uk slope is probably not enough - you should buy the gear at a resort, then ride it immediately. If it's not right, then they can fix it or swap it immediately.
The consumer rush people get from paying over the odds for gear in the UK has its consequences.
That said, I think the supplier is behaving very poorly if they sold you something which by definition was not suitable for purpose (it was clearly the wrong size, therefore not fit). Whilst your acceptance (failure to complain for a long time) of the goods doesn't help, they sold them in the summer so there's no way you could sensibly check them out - that's a risk which I'd argue you both share, selling/buying in summer in a snowless country.
So I'd first try to talk to someone senior in the shop and see if you can get them to negotiate. At worst they don't need to make a profit from your problems. They charge punters a lot for boots but in the business they're worth nothing so they can sort it if they want to.
If that doesn't work, then if you can be bothered (I always can), then find your local CAB and take some free legal advice. If you do have a case, they'll tell you. Then warn the shop, file the papers, and they'll settle out of court - it never fails (if you have a case).
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