After returning the shoes to my retailer, Lakeland Great Outdoors at Staveley near Kendal they were returned to Mountain Boot Company at Newcastle upon Tyne who I presume are the UK distributors for Scarpa. Initially Mountain Boot refused to refund because there was no manufacturing fault, but further communication followed emphasising that my complaint was a matter of "fitness for purpose".
I have now been contacted by Lakeland Great Outdoors saying they have have come to a mutual agreement wtih Mountain Boot enabling them to give me a full refund.
I would like to say that the whole of this matter was handled by Lakeland Great Outdoors' Sales Manager, Geoff Jackson in a professional and courteous manner and I would have no hesitation in shopping there again.
Others may wish to look more carefully next time they are buying trail shoes - here is a copy of the formal complaint that I needed to make to Lakeland:
Lakeland Great Outdoors Ltd
Plantation Bridge
Nr. Staveley
Cumbria LA8 9JA
Dear Sirs,
I bought a pair of Scarpa Cyrus trail shoes from you on 15th April 2015 (£129.80). I have an issue with this purchase and have taken legal advice and I understand my contract is with you as retailers and as such I must therefore claim against you, so please accept this letter as my formal complaint.
I explained to the sales assistant (somewhat boastfully) that I wanted the shoes to walk The Macmillan Way from Boston, Lincolnshire to Abbotsbury, Dorset, a distance of 290 miles. This is a recognised English Long Distance Footpath marked on the Ordnance Survey map following public footpaths and bridleways and some Tarmac roads.
I am a an experienced walker having completed many long distance walks including Land’s End to John ‘o Groats, The GR10, and the GR5 as well as completing all the Munros. I suggest that nobody of experience would dispute the advisability of wearing good quality trail shoes for the above mentioned long distance walk.
I tried the shoes in the shop and wore them briefly outside and had no complaint regarding comfort and fit but I wanted to preserve them, specifically because of the long distance of the walk, which I started on 20th May 2015, and finished on 10th June 2015.
After a couple of miles from the start of the walk on 20th May 2015 the soles of my feet became painful, which is a problem I have not encountered before. In my opinion ANY walking footwear should be capable of sustaining comfort for a distance of more than two miles over normal terrain. When I examined the shoes closely I found the soles had no cushioning apart from some uncushioned footbeds. I struggled on wondering if I would be able to continue with the walk until I got to Stamford on the third day which was the first place of any size. By then I could not have continued with the walk at that stage wearing the Scarpas. I was able to buy a pair of shoes from an outdoor shop which were well cushioned, and cured the problem immediately, and lasted for the rest of the twenty one day walk with no further painful soles of my feet. I had to post the Scarpas back home at a cost of £13.75 (I have the postal receipt).
I returned from the walk on 10th June 2015 and returned the shoes to you on 12th June 2015 and you offered to return them to your wholesaler with my complaint. The wholesaler has since returned the shoes to you refusing to accept any responsibility. I have the original receipt in my possession and you accepted the veracity of my purchase when I returned the shoes.
I am not complaining about a manufacturing defect.
I am complaining about the "fitness for purpose" as required by the Sale of Goods Act.
There is no question of the shoes being the wrong size, they fit my feet properly. I had equal discomfort on THE SOLES of BOTH feet, not because they were being pinched in any way, but because there was no cushioning. As I stated replacement with shoes that had good cushioning cured the problem immediately.
I would appreciate a rapid acknowledgement of receipt of this email, and look forward to your considered reply which I would hope to receive within fourteen days.
Regards
Conrad Robinson
