Shoe return problem

UK_AEH

Hi,

I have ordered x5 pairs of shoes (for a wedding) from an online company.
Recieved them, they were no good (uncomfortable, and soles too slippy), so returned them (no quible refund if done so within 7 days).
Been waiting 3 weeks for refund, so emailed them, recieved this answer:

Hi XXXX


I will refund the order but i must make you aware that 2 of the pairs (1 x size 10 and 1 x size 11) cannot be refunded as they have marked soles. These two pairs seem like they have not been tried on a carpeted surface.


Please can you let me know if you want these two pairs back in which case i would need to deduct the postal cost from your balance refund.


Look forward to hearing from you.

Best Regards,
XXXX

.................

I was there when the 2 guys tried on these shoes (size 10 and 11) - they put them on (the room had a tiled floor), walked the length of the room twice (to feel how they fit), then put them back in the box (we decided they weren't what we were after).
If this caused them to be marked, I would be astounded (the soles were leather, and very slippy, the main reason we thought they weren't for us).

My question is, do I have to swallow this, and pay £60 + P and p for 2 pair of shoes I don't want?

I paid by cc, the order was >£100, so can I go to mt cc company and claw back the money.

As an aside the company are a bit of a nightmare!
Issues inclide:

*I had to email them asking where the shoes were after they hadn't arrived in 13 days (website said 3-5 working days)
* One of the shoes ordered was extra wide - when it came it wasn't (I am a 9 and the e-wide was a 9 - I couldn't tell the differance by trying them on, and visually there was no differance. They even came in a box stating size 9 (no mention of extra large, on box or shoe)
* 7 days return police (a bit mean, meant alot of rushing)
* Had to send them back, at my own cost (£22 by Royal mail Special Delivery)
* Now being 'done ' out of £60 + p&p

>>>>>>>>>>

So cc 'clawback' possible?

UK_AEH

too long a post I guess (people got bored and stopped reading)!

visidigi

on what grounds would you do a S75 claim on your Credit Card?

Especially as you admit the shoes were tried on on a tiled surface?

George_Michael

on what grounds would you do a S75 claim on your Credit Card?

On the grounds that the retailer is disregarding the OPs right to a refund under the requirements of the distance selling regulations.
Irrespective of whether the shoes were tried on a carpeted floor, tiled floor, or even on the pavement, the right to a refund is unconditional and must be given irrespective of the condition of the returned goods
The retailer could then take legal action to recover the cost, but they would be required to prove that the OP failed in their duty of care towards the goods.

Anyway, when buying shoes that would probably be worn on a wooden or stone floor (as most churches are), what's wrong with trying them out on a similar surface?.

The above is irrelevant though as the shoes were not over £100 and therefore are below the legal limit for a S75 claim.

arcon5

* 7 days return police (a bit mean, meant alot of rushing)
* Had to send them back, at my own cost (£22 by Royal mail Special Delivery)

These 2 points can't really be considered to be an "issue". The goods wasn't faulty so why should they have to pay to return them - plus you paid well over the odds to do so. A citylink service would have only been £7.

* Now being 'done ' out of £60 + p&p

As far as the shoes are concerned, ask them for photographs of the supposed damage so you can assess their claims

UK_AEH

arcon5 wrote: »

These 2 points can't really be considered to be an "issue". The goods wasn't faulty so why should they have to pay to return them - plus you paid well over the odds to do so. A citylink service would have only been £7.




As far as the shoes are concerned, ask them for photographs of the supposed damage so you can assess their claims

By the time I had got them to the various people (ushers, best man, brides father) I had 3 days to get them returned, and because of the value (£140), I thought it best to insure them and get proof of reciept.

Another issue is that its now been >28 days since they have taken reciept of the shoes - there t and c's state that refunds will be made within 28 days, so they have broken this now.

Also the company's t and c's state:


What’s the returns policy for products bought online?
We hope you will be happy with every product you buy from XXXXXXXX.co.uk, but if you want to return anything for any reason, we’ve tried to make it as easy as possible.
You can return anyting you've bought from our website, provided you take reasonable care of them. This means you can look at and try items on as you would in our store, but you mustn’t remove any labels or protective strips or wear them outside.
..........................
The shoes we briefly tired on (indoors), and no labels or protective strips were removed, reasonable care was taken.
I feel I have adhered to The terms and conditions.

UK_AEH

George_Michael wrote: »

On the grounds that the retailer is disregarding the OPs right to a refund under the requirements of the distance selling regulations.
Irrespective of whether the shoes were tried on a carpeted floor, tiled floor, or even on the pavement, the right to a refund is unconditional and must be given irrespective of the condition of the returned goods
The retailer could then take legal action to recover the cost, but they would be required to prove that the OP failed in their duty of care towards the goods.

Anyway, when buying shoes that would probably be worn on a wooden or stone floor (as most churches are), what's wrong with trying them out on a similar surface?.

The above is irrelevant though as the shoes were not over £100 and therefore are below the legal limit for a S75 claim.

Hi,

The total order was for £140, nothing has been returned to me, and its been 30 days + now.

The guy is playing hardball now!:

Please do not wait the 7 days, i recommend you initiate the legal proceedings immediately.


I have retained your two pairs of shoes in the event that this should end up in a court of law.


Please now only communicate through a solicitor or via the courts.


If you wish to resolve this or speak to me directly you are welcome to do so.


I would like to add that i have this morning had the manufacturer of these shoes in my office and he is also of the same opinion as myself. He is willing to provide a statement in writing that the shoe soles are damaged. They have either been worn outside or tried on a surface that is both inappropriate and/or dirty.


Best Regards,
xxxx



From:xxxx
To: xxxx
Sent: Thursday, x xxxx 2012 xx:xx
Subject: RE: Order query

Hi xxxx,

I have taken legal advice on this matter.

I have taken reasonable care of the goods and would like the money for all 5 pairs of shoes refunded within the next 7 days, otherwise I will start legal proceedings.

Regards,

xxxx

arcon5

Under distance selling regulations, you have 7 days to send them notice of cancellation of the contract -- not physically return the goods. And it's actually 7 working days, so in effect 9 days

unholyangel

arcon5 wrote: »

Under distance selling regulations, you have 7 days to send them notice of cancellation of the contract -- not physically return the goods. And it's actually 7 working days, so in effect 9 days

7 working days starting the day after delivery in cases where you have been informed of this right to cancel and provided with certain written information in a durable form (websites are not durable). If this information is given afterwards, you have 7 working days starting on the day after you receive the information. If this information is not given, you have a period of up to 3 months and 7 working days.


While S75 does not apply (as the goods individually are under £100 each), chargeback may still be possible, but I fully suspect that the merchant bank will reject it.

He may have the manufacturer in his office agreeing the shoes have been worn outside, but can they prove it is the exact same shoes they sent you? Have you any other new shoes you could take pictures of before and after walking over the floor to show no damage was caused? Has he sent you pictures of the damaged shoes and does it appear to be consistent with someone walking over a tiled floor or more extensive than that?

If its the latter, you could reply stating that as the shoes took no more than x steps and that if that damage was caused by x steps on an indoor surface, the shoes are simply not fit for purpose or of satisfactory quality and you are rejecting them under Sale of Goods Act outright for a full refund.

Orrrrrrr.......contact trading standards and/or consumer direct and see what advice they can give or whether they have any template letters to help you

s_b

leather soled shoes are indeed very slippery until used
i at first thought the seller was being reasonable in saying they had been walked on on a floor of non carpet and so the soles had been marked (very easy to do)
but now he says he has the manufacturer there and hes keeping your shoes suggests hes robbing you and lying too
yes get consumer direct involved straight away is what i would do he sounds a conman

UK_AEH

Hi,

There is no issue with the time taken for the shoes to be returned - they were back in his hands within 7 days.
His issue was the 'damage'.......there is very little to see in the pictures he has sent.
I have phoned Mastercard, and they have asked me to send them a letter outlining timescales, reason for sending back, reason they won't refund, proof or returning etc
I did this on Friday, so will take a while for them to reply I imagine...