When you buy a new pair of athletic shoes, you expect them to last. But what happens when they start to fall apart after only a few months of normal use? It can be frustrating when a retailer denies your claim, but understanding your rights under Australian consumer law faulty shoes can help you seek a resolution. This guide will walk you through the key aspects of consumer guarantees and how they apply to a situation like this.
Understanding Australian Consumer Law
Under Australian Consumer Law (ACL), products, including shoes, must meet certain consumer guarantees. A product being free from manufacturing defects is just one part of this. More importantly, products must be of
acceptable quality and fit for purpose.
- Acceptable Quality: This means the product is fit for all the purposes it’s commonly supplied for, acceptable in appearance and finish, free from defects, safe, and durable. The durability of the item is based on factors like its price and description.
- Fit for Purpose: The product must be fit for any purpose you specifically told the business about before buying. For example, if you bought a pair of shoes marketed as “durable athletic and trail shoes,” you’d expect them to hold up to the rigors of those activities.
When is Damage Considered a Fault?
The retailer, like the one in a recent customer case involving Saucony Peregrine 14 shoes, might argue that damage is simply “natural breakdown of materials over time” and not a manufacturing fault. However, if a product—like a $100 trail shoe—develops holes after only seven months of normal use, it may not be considered acceptable quality or fit for purpose. This is especially true if similar products are generally expected to last much longer, such as 12 months or 800-1,000 km of regular use.
The key takeaway is that you are protected even if the damage isn’t a direct manufacturing defect. The retailer cannot simply deny your claim by saying the issue was not caused by the manufacturing process.
How to Escalate Your Claim
If a business denies your claim and you believe your shoes are faulty under the Australian consumer law faulty shoes guidelines, you have other options. Many retailers, like the one in the email exchange, will recommend taking your claim to an external body, such as the Office of Fair Trading in your state or territory.
Lodging a complaint with a fair trading office can be an effective way to get an impartial review of your case. This office can act as an intermediary and will contact the business directly on your behalf. This process provides a way forward if you disagree with a retailer’s assessment.
For more information, you can visit the Australian Competition & Consumer Commission (ACCC) website, which has comprehensive resources on consumer rights. You might also want to consult your specific state’s consumer protection agency.
