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Bought shoes that had damage

Hey

I ordered shoes online from a good shop which is really good known. I ordered them and after some days I got them. Then I inspected them for any damage, because I usually do that with stuff I order and I notice big scratches and scuffs over the shoe and I wondered. The shoes I ordered were Nike Air Vapormax Plus. The vapormax have a special sole, where air is in them, so it would feel like walking on air for you. On the air sole there are many scuffs and scratches. I contacted the store about these issues and sent them pictures. I asked if it would do anything with the functions of the shoes and if it’s normal. They said sorry and told me I should send them back. Well. I have 2 problems here.

1. Problem: I wore the shoes one time. I wanted to see if the scuffs do anything with the functions of the show, like air coming out or so. Luckily it didn’t. But they got dirty after this day. Today I cleaned them, because I want to send them back to them. On their site it says that you should send the shoe back, but you mustn’t use it.

Question: So can they decline the refund because I wore them. They can’t sell them anymore, because of the damage and scratches. I cleaned them very hard afterwards.

Question 2: I bought these shoes when they were on sale. Now I really want these shoes but I don’t want them with damage. The sale has now ran out and they are back to their normal
Price. Problem is, they said I will only get my money back if I return the shoes. Actually I want them, but not with the damage. Can they exchange them with other shoes, that don’t have these issues? Because if I have my money back. I need to pay like 70 $ more than I paid for the sale price if I want to order these again.

Thanks
«1

Comments

  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Perhaps you need to find a website that helps with purchases in $.

    This is a UK based forum.
  • Well The question doesn’t depend on money. I stated 2 questions
    But thanks
  • Yes,but the laws differ from country to country.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Marhin wrote: »
    Well The question doesn’t depend on money. I stated 2 questions
    But thanks

    Well as already stated, this is a UK forum...

    So under UK law, then Q1 - yes, you can have a refund if you return them, but the company can deduct an amount for anything above inspection, so in essence they will deduct all but a second hand value. So you will get nothing back.

    Q2 - No rights. You have worn them. If you didn't wear them, then you might have had a chance at a loss of bargain and take them to court...

    But like I said, UK law, and as you priced in $ then I am thinking this is not a UK question.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Marhin wrote: »
    Well The question doesn’t depend on money. I stated 2 questions
    But thanks

    So all laws are the same country to country are they?
    Possibly on your planet, but not this one - you need advice relating to the country you are in. :)
  • Possibly on your planet, but not this one - you need advice relating to the country you are in. :)

    Or possibly advice relating to the country's laws that cover the contract of sale if the shoes were purchased from a business based in a different country to the one the OP is in.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Marhin wrote: »
    Well The question doesn’t depend on money. I stated 2 questions
    But thanks

    You may have stated two questions, but the answers will be many and various (and probably incorrect) if we have to guess the countries they apply to. Your comment to money implied you paid in Dollars, over 20 countries use Dollars and none of them are the UK, therefore asking for help on a UK forum isn't the best place to be.
  • JamoLew
    JamoLew Posts: 1,800 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    To be fair on the OP - it isn't very obvious at all that this is a UK based forum and possibly the .com catches some people out. (Especially when using a phone)

    This seems to happen somewhat commonly - perhaps the designers could look into making it more apparent
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 January 2020 at 12:21PM
    JamoLew wrote: »
    To be fair on the OP - it isn't very obvious at all that this is a UK based forum and possibly the .com catches some people out. (Especially when using a phone)

    This seems to happen somewhat commonly - perhaps the designers could look into making it more apparent
    It may not scream in words of one syllable "this is a UK site", but a glance at the home page shows plenty of prices in Pounds, which would be a good enough clue.

    There's certainly no reason to assume that the forum is aimed any particular alternative jurisdiction. Even if the OP is talking about a US retailer, consumer laws vary from state to state, so they'd need to specify what the relevant state(s) is.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bottom line is not many companies in any country will take back worn shoes. You find a fault you don't wear them, thats pretty obvious tbh.

    Wearing them means it's easy for them to blame the buyer for the scratches.
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