# €100 Nike shoes ripped on both shoes in the same place within 2 months. My rights ?



## landlord (21 May 2019)

I bit the bullet and treated my daughter to €100 pair of Nike runners from foot locker. 
Both shoes developed a tear in exactly the same place (above the toes) within 2 months. I have the receipt. 
The assistant manager told me it was normal wear and tear and blamed my daughters big toe. He wouldn’t do anything for me except give me the complaints email. 
Just wondering what my rights are here? Thanks.


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## peemac (21 May 2019)

If it was one shoe, then I'd be looking at any issues with the feet.

With both shoes tearing at the same spot it suggests a weakness in design or a poorly fitted product.

If it's poorly fitted, then unless the store assistant advised on fitting, it would be difficult to blame them.

But I'd be of the opinion that it's a weakness in design. (10 years in the footwear trade)


Edit - some reviews suggest that it is a narrow fitting shoe and not overly comfortable for those with wider feet. Irish people tend to have wide feet, so that may be the issue.
A closer look at the picture would suggest that they were too narrow - especially if the big toe is where the tear is.


I'd still be looking for a replacement in a different model as two months is ridiculous


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## elacsaplau (21 May 2019)

I agree with Peemac……..bring them back and seek a replacement.

I know some people may be reluctant to seek a replacement - don't overthink it and just do it.


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## landlord (22 May 2019)

Thanks guys. I tried to get a replacement with the assistant manager yesterday. He refused, but gave me the email complaint address. I sent off an email and will go back in to the store again this morning to talk to the main manager. The shoes were fitted by one of their staff, who measured her feet. She was in between sizes so we went up a size.


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## Andrew Murphy (22 May 2019)

I have to agree with @peemac that it is more likely to be a weakness in the design, so go for a different shoe if you can get a replacement. 

I've experienced this problem over the years which is why I switched to Brooks. I though I had found the answer, that is until my last pair which blew out within a month just like your daughter's shoes 

I'd like to know how you get on as I've never attempted to get a replacement pair.


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## Leper (22 May 2019)

Merely from looking at the picture, it appears (to me) that the shoes are about a half size to a full size too small for the feet for which they were intended. The toenail mark on each shoe looks to be too near the tip of the shoes even for comfort. Furthermore, the laces seem extended and the shoes suggest that the wearing foot in each is too big for the shoe size.

I can't say if this is normal wear-and-tear. I don't know how often they were worn or what they were worn for. Only your daughter can say. 

I would suggest negotiation with the shop manager and perhaps pay half price for the replacing pair of shoes. If your daughter claims a bigger size shoe, then I think you are getting a good deal.


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## Monbretia (22 May 2019)

Interestingly I was reading this last night and remembered my daughter was complaining of same thing with a pair of runners she had, just  asked her now and turns out they were Nike as well and tore in exact same place after very few wears, she did nothing about it at the time as figured she wouldn't get anywhere but figured it was because the material in them was so light.

As it happens she has extremely narrow feet so they were a lovely fit or so she thought!  She'd annoyed all over again now and intending firing off an email to Nike.   She also had a work colleague with very same issue too so it's a bit of a coincidence, they can't all have wonky toes


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## Ceist Beag (22 May 2019)

It's a sign of the times that an assistant manager can claim that torn runners (and €100 euro runners at that, not cheap ones) after just 2 months wear is normal wear and tear! Absolutely if you buy a pair of cheap runners you expect that the quality will also be cheap but €100 is certainly not cheap and we should not be expected to put up with rubbish quality - and rubbish service as well judging by the attitude of the assistant manager. I hope it works out for you OP.
I probably sound like an old fart but wouldn't it be nice to go back to the days when shoes were built to last!


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## Steven Barrett (22 May 2019)

A pair of Nikes that I have are showing signs of tear at the big toe too, so it seems to be a design flaw. 

From the shops point of view, it isn't a split in the side of runner from not being stitched/ glued properly, so I can see why they are going to take that approach. They don't know if your daughter has been climbing walls, kicking ball or whatever in the runner. It is a wear and tear issue. The question is, should it wear and tear that quickly?


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## dereko1969 (22 May 2019)

Adidas have a slightly wider fitting so might be better for next pair, but agree with all above if she was fitted and advised to pick that size then it has to be an issue for the shop to address.


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## mathepac (22 May 2019)

SBarrett said:


> They don't know if your daughter has been climbing walls, kicking ball or whatever in the runner.


What are runners for if they can't stand up to that kind of use? They're leisure wear shoes and leisure wear for childrens' shoes means more that a gentle stroll around the local park.


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## Ceist Beag (22 May 2019)

SBarrett said:


> The question is, should it wear and tear that quickly?


The fact you're even asking that question shows how accepting we have become of poor quality products! If I pay €100 for a pair of runners I would absolutely expect that it does not wear and tear within 2 months.


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## Opus2018 (22 May 2019)

Hi gang,

Surely the Sale of Goods and supply of Services  Act 1980 should be mentioned with dealing with the manager/assistant manager??





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						Sale of Goods and Supply of Services Act, 1980
					

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.



					www.irishstatutebook.ie
				




and also this is quite useful









						Know your Rights - Consumers’ Association of Ireland
					

Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be: of merchantable quality fit for its normal purpose, and reasonably durable...




					thecai.ie
				




Remember, you can insist on the three Rs Replacement, Refund or Repair.  The contract is between you and the shop not some email address.

Best of luck and let me know how you get on.  Failing that the Small Claims Court is a possibility.  in any event I won't be buying Nike runners based on the experiences relayed on this thread!  

Best regards,

Opus2018


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## Leo (22 May 2019)

Agree with Leper and others above, wear in that area is almost always the result of a shoe that is too small with insufficient space in the toe box.



SBarrett said:


> It is a wear and tear issue. The question is, should it wear and tear that quickly?



If correctly sized, there should be no wear between the toes and this area, that's be a sure recipe for blistering.



Opus2018 said:


> Remember, you can insist on the three Rs Replacement, Refund or Repair.



You can insist in a remedy, but as a result of legislation being silent on the matter, the choice of which of the three to offer is with the shop.


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## Bronte (22 May 2019)

Ceist Beag said:


> The fact you're even asking that question shows how accepting we have become of poor quality products! If I pay €100 for a pair of runners I would absolutely expect that it does not wear and tear within 2 months.


I bought a cheap pair of runners in Decathlon (large famous store) and I wouldn't expect them to wear and tear within 2 months. As it happens I bought a half size too small for me but they are still fine a couple of years later.  They were about €20 and I wear them the odd time.  

A famous brand at €100 it is clear there is an issue with the shoe.  And the OP is covered by the Sale of Goods Act.  I brought back my youngest child's sandals twice last year. They were expensive and something gave in them, I think it was the strap and I got a new pair both times.  Happened less than a month after I'd bought them.  I'd never had a problem in that shop before. And then bingo two runs of bad luck.  As I had a sibling in a shoe shop they just send them back to the supplier.


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## landlord (22 May 2019)

Thanks for all your support and recommendations.
I went back to the store today and this time spoke to the main manager of the shop.  Again he mentioned that it was probably due to my daughters big toe rubbing on the inside.  I reminded him that the shoes were fitted by one of his sales assistants.  He said it was definitely not a manufacturing defect as he has never had any back before.   As if he would tell me if he had genuinely had any returned !!!
I tried to put everything in a positive light and stayed calm,  mentioning that I was aware how good footlockers reputation was for customer service (actually it is supposed to be awful according to trust pilot).
I refused to give in and eventually I think he had just about had enough of me and relented and gave in giving me a credit note for the full amount.
RESULT !!!!! Thanks


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## Bronte (22 May 2019)

AAM wins again.....


(What's Trust Pilot?)


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## MangoJoe (22 May 2019)

Is this not what the small claims court is for? Presume it would be an instant fix?

Ah - Have just seen you got your result.... For the record I've past experience of simply mentioning the small claim court and getting an immediate resolution in these types of scenarios..... 

People will take the easiest option - Why would a retail manager go through the hassle of returning the product to their depot when they can fob you off instead? The overhead of having to deal with a SCC proceeding should be enough to sway their mind a little in most cases.


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## Steven Barrett (22 May 2019)

mathepac said:


> What are runners for if they can't stand up to that kind of use? They're leisure wear shoes and leisure wear for childrens' shoes means more that a gentle stroll around the local park.



But they aren't designed for climbing walls, kicking ball etc. You can see that by looking at them. If your intended use is heavy usage, get a pair of leather runners, not synthetic netting.


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## mathepac (22 May 2019)

SBarrett said:


> But they aren't designed for climbing walls, kicking ball etc. You can see that by looking at them. If your intended use is heavy usage, get a pair of leather runners, not synthetic netting.


Not being a shoe-design or materials expert, I don't believe I could tell anything much by looking at them new on display in a shop..

I do know they are destined to be worn by someone's child and it seems to me, the shop assistant who measured the feet they were destined for did a poor job - they are clearly too small. There were apparently no caveats issued by the shop or on any documentation included in the packaging with the shoes, e.g. "not suitable for wear when jumping in puddles, sliding down stairs or bannisters, skate-boarding, cycling, running, kicking ball, climbing or when enjoying other youthful pursuits".

Not suitable for purpose, therefore the 3 Rs apply, a credit-note is not one of the approved remedies, but better than nothing.

Retailers are still treating consumers abominably; we need to change that.


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## landlord (23 May 2019)

Just for information. I went back to the store yesterday with my daughter to get measured up again and she was borderline 1/2 size larger, so the original shoes were probably the correct size. 





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Is an excellent online platform where people can write reviews on companies.


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## Ceist Beag (23 May 2019)

I hope she didn't go for the same shoes again in a 1/2 size larger!


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## Leo (23 May 2019)

Ceist Beag said:


> I hope she didn't go for the same shoes again in a 1/2 size larger!



There's nothing wrong with those shoes themselves. correctly fitted there should be no toe rub in that area.


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## Andrew Murphy (23 May 2019)

@landlord, apart from correct sizing and keeping toe nails clipped I'd suggest your daughter try a different approach to tieing her laces to prevent her foot slipping forward in the shoe when running downhill or during rapid deceleration (which may be a contributing factor?).

Here's a . I started using the one on the left a few years ago and can recommend it.


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## hfp (23 May 2019)

If this is the only pair of trainers it's happened with then it does sound like a quality issue, but as someone who frequently wears shoes out in the toes in my case I'm definitely at fault! For some reason for which I've never had a medical opinion I walk with my big toe pointed up and it has nothing to do with the size of the shoe. To be honest I think it's just bad habit as I wiggle my toes like mad when I'm sitting at work / on the bus etc and rub them against the top of the shoe. It's rare I have a pair of socks that doesn't have holes in the toes within a few weeks!


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