Legal obligations of traders

Q: Sometimes we have clients coming to our retail outlets demanding a new pair of shoes because the sole of a pair they bought years ago has disintegrated. On certain occasions the shoes in question are more than five years old.

When we explain to them that the sole is made of natural material which disintegrates with time, especially when the shoes are not worn often, customers still demand to be given a new pair free of charge.

Our policy is that if the shoes are less than three years old we accept to replace the shoes with another pair free of charge. If the shoes are more than three years old, we usually offer our clients a new pair at 50 per cent or even a larger discount. We never send a client away with no compensation or no answer at all, even if the shoes are over six years old.

What are our legal obligations?

A: Under the Consumer Affairs Act, traders are obliged to provide a remedy or compensation up to two years after the goods are purchased and delivered to consumers, whenever the goods purchased are either defective or not in conformity with the contract of sale.

To prove that the shoes were not bought over two years ago you may ask your clients to provide you with the proof of purchase. This may either be the fiscal receipt or any other document that proves that the pair of shoes was bought from your establishment on a specific date and for a specific amount of money.

In the situations you described in your query, you were not legally obliged to offer any replacements or discounts. However, nobody can stop you from such practices if you choose to do so.