Kicks Crew New York based shoe store - online right to refund - wrong size

solidpro

Hi Everyone

My wife ordered a pair of trainers (the website allows you to select the UK size, in this case a 9) from an online store called Kicks Crew. They were delivered on the 1st August whilst we were on holiday. When we got back, we gave them as a present and found they had delivered a UK size 10.

I contacted support who said we only had 7 days from delivery date to return them.

Can anyone please help determine my rights as a consumer with a business based in New York? We paid using credit card.

Thanks

user1977

Your consumer rights will be whatever they have in New York state, this probably isn't the best site to find out! At least their terms do state 7 days from delivery for any returns. Chargeback via your credit card may be possible, given they have failed to deliver what you ordered.

SiliconChip

For consumer rights the usual suggestion is to contact the Better Business Bureau in the relevant state, which for New York is https://www.bbb.org/local-bbb/bbb-serving-metropolitan-new-york

PHK

New York Consumer protection laws say that the retailer must display their return and refund policies. If they don’t then you have 30days to return. 

In this case the website seems  clear about seven days, so you are out of luck. 

Okell

This thread and the other one need to be merged...

solidpro

It's weird - Nike, Wikipedia and a bunch of other places are very clear that they treat a UK Size 9 as a US Size 10. This is fairly constant throughout sizes - that US ones are generally counted 1 size larger than UK ones.

However, for some very weird reason Converse counts a UK size 10 as a US size 10. Infact they do not differentiate between the two regions. 

So if you buy virtually any other trainer, the US size will be 1 digit higher, but with Converse it isn't. 

Just a weird warning to anyone else who might end up buying converse trainers from abroad. 

Regarding this issue - we ordered a UK9 and got a UK10, so that note is somewhat moot, except for the fact that when we selected a UK9 and it showed on the order as a US10 we didn't expect that to mean UK10.

Also to note, a friend's husband wanted this really obscure colour that sold out in the UK really quickly. So we had to use this company.

solidpro

After much 'not taking no for an answer' they did relent and offer to exchange this UK 10 for a UK 9 

BUT

The trainers cost £60, shipping £35. We have to pay the shipping cost both ways (to America) which will be at least £70.

It actually then works out better to simply buy another pair at £95 and own two pairs. One of which can sit on ebay for a while and probably get £70 themselves (as they're fairly rare and these ones may accumulate slightly in value when new, rather than fall)

That way, minus ebay fees at around a tenner, we come out only costing £40 to get the actual trainers rather than £70.

These are rough figures, but it still works out better to have two pairs of trainers for £190, one of which you can probably sell for £70, rather than 1 pair for £165.

Jumblebumble

SiliconChip said:

For consumer rights the usual suggestion is to contact the Better Business Bureau in the relevant state, which for New York is https://www.bbb.org/local-bbb/bbb-serving-metropolitan-new-york

Why would this give a better result than a simple chargeback?

Ergates

solidpro said:

After much 'not taking no for an answer' they did relent and offer to exchange this UK 10 for a UK 9 

BUT

The trainers cost £60, shipping £35. We have to pay the shipping cost both ways (to America) which will be at least £70.

It actually then works out better to simply buy another pair at £95 and own two pairs. One of which can sit on ebay for a while and probably get £70 themselves (as they're fairly rare and these ones may accumulate slightly in value when new, rather than fall)

That way, minus ebay fees at around a tenner, we come out only costing £40 to get the actual trainers rather than £70.

These are rough figures, but it still works out better to have two pairs of trainers for £190, one of which you can probably sell for £70, rather than 1 pair for £165.

It's at times like these that you really appreciate the strong consumer protection laws we have in place here.

born_again

Jumblebumble said:

SiliconChip said:

For consumer rights the usual suggestion is to contact the Better Business Bureau in the relevant state, which for New York is https://www.bbb.org/local-bbb/bbb-serving-metropolitan-new-york

Why would this give a better result than a simple chargeback?

The issue with a chargeback is OP has to send goods back, or risks retailer rejecting on grounds of not sent back.

Given OP is quoting £35 shipping to send back (which is not recoverable, unless retailer refunds) Is it worth it for £25. When they maybe able to sell on for more?

solidpro

Yeah, I think as they're fairly rare and not very obscure, we'll just order again and try and sell these for more than we paid for them. We were thinking about paying more for them elsewhere but had issues with using those vendors, including the seller on ebay, so we suspect someone out there might be interested in these.