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Returning possibly miss sold goods

Hi, I was looking for some advice about returning a pair of shoes. I bought a pair of shoes which I thought were a size 7, my receipt and the box says size 7, however the shoes in the box were a 6. When I went to return the shoes they had a tiny grass stain from me trying to get them on. I accept they are saying they are not pristine, however it is not the product I bought, and therefore entered into the contract to purchase. Can anyone help me out regarding disregarding their returns policy due to being miss sold a pair of shoes I'd otherwise not have returned.

Cheers

Comments

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Sounds like they are saying the shoes have been used. That's not the same as you being unable to put the shoes on (because they were too small) and then noticing that they were a smaller size than on the box.

    Are you saying you walked about (outside on grass?) before realising the shoes were too small? That's hardly believable is it? Why would you go outside with shoes on that were too small?

    If you had walked about (on grass or carpet) and quickly found the shoes obviously too tight it would have been a simple matter to clean the shoes back to their "pristine" state.

    It sounds like you have used the shoes and so invalidated any return.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Its not mis-sold its an error .
    As above trying on a shoe that is size 6 on the grass why .All that has done is to compound the error . Open box see wrong size return no problem .
    Basically the vendor is refusing a refund as you have damaged them .
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi, I was looking for some advice about returning a pair of shoes. I bought a pair of shoes which I thought were a size 7, my receipt and the box says size 7, however the shoes in the box were a 6. When I went to return the shoes they had a tiny grass stain from me trying to get them on. I accept they are saying they are not pristine, however it is not the product I bought, and therefore entered into the contract to purchase. Can anyone help me out regarding disregarding their returns policy due to being miss sold a pair of shoes I'd otherwise not have returned.

    Cheers

    You haven't said when you made this purchase.

    During the first thirty days following the sale, you have the right to reject the goods for a full refund if the goods do not conform to contract.

    The seller can reduce that refund if the value of the goods has been reduced due to your 'excessive handling', but they cannot refuse to accept your rejection.
  • dj1471
    dj1471 Posts: 1,969 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker!
    Clean them?
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    a tiny grass stain from me trying to get them on
    Do you live in the park?
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you tried ringing the head office?
  • kimplus8
    kimplus8 Posts: 994 Forumite
    Ninth Anniversary 500 Posts Name Dropper Photogenic
    Why would you have worn them on grass if they were too tight??
    Just a single mum, working full time, bit of a nutcase, but mostly sensible, wanting to be Mortgage free by 2035 or less!
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you actually mean they have a size 6 label in them, or that they just seem smaller?
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