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Exchanging trainers that I got online (quite long post)? Watch

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    I'm in a major fiddle here, there was no Footlocker store where I live so I looked online at their website to get trainers. They were exclusive to the store so I couldn't try them on at a similar store. So I went by my current trainers, which are the same brand (Nike) and are 8.5 and I went to JD Sports to try other Nike shoes in 8.5 and a lot of them fit really well. So I ordered the shoes online at size 8.5.

    When they arrived, I walked in them to uni and the shops etc to get to grips with the new "feel" of the trainers. When I got home, I realised that they had gotten rather muddy (weather's been horrible) and too big. I put them next to my current pair and the new ones were actually LONGER and a little wider, despite the fact that they are both the same size and the same brand!

    Any ideas what I can do? I've tried cleaning them to make them look brand new so that I could exchange them, but I can't get some of the mud off. And since they are too big, I can't wear them because they hurt my feet.

    I am really upset, I can't afford to spend another £70 on trainers! =(
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    Look at the terms and conditions of the transaction, however there's not too much you can do save wear an extra pair of socks.
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    Then don't buy £70 trainers. My only advice is when you get new shoes, wear them around the house for a few days and then you won't have this problem.
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    (Original post by Delaney)
    Then don't buy £70 trainers. My only advice is when you get new shoes, wear them around the house for a few days and then you won't have this problem.
    Be realistic mate. Why would companies sell online exclusives if they didn't want people buying them? Obviously things go right and things go wrong. In this case it went wrong. Now that I've done it, I will never do it again. Some people probably do it regularly with no problems And why should I have to go through the process of having to wear them only at home when they are both exactly the same brand and size?

    I'm in a spot of bother here and all you can do it be a tosser with your so-called 'advice'.
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    (Original post by HarryA)
    I'm in a major fiddle here, there was no Footlocker store where I live so I looked online at their website to get trainers. They were exclusive to the store so I couldn't try them on at a similar store. So I went by my current trainers, which are the same brand (Nike) and are 8.5 and I went to JD Sports to try other Nike shoes in 8.5 and a lot of them fit really well. So I ordered the shoes online at size 8.5.

    When they arrived, I walked in them to uni and the shops etc to get to grips with the new "feel" of the trainers. When I got home, I realised that they had gotten rather muddy (weather's been horrible) and too big. I put them next to my current pair and the new ones were actually LONGER and a little wider, despite the fact that they are both the same size and the same brand!

    Any ideas what I can do? I've tried cleaning them to make them look brand new so that I could exchange them, but I can't get some of the mud off. And since they are too big, I can't wear them because they hurt my feet.

    I am really upset, I can't afford to spend another £70 on trainers! =(
    Actually, ignore my last piece of advice. Under the Distance Selling regulations you have a right to cancel the contract within 7 days of receipt of the goods. Even if they may be damaged you do not necessarily lose the right to cancel. The supplier can only rely on the right of action against the consumer for breaching the statutory duty to take reasonable care of the goods.

    http://www.out-law.com/page-430#Right
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    I cant see them exchanging/refunding them if they've already been worn, regardless of the Distance Selling Regulations.

    The online exclusive thing makes no difference really, of course they want people to buy them but you should have just worn them round the house first to make sure they fit properly, sorry.
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    Keep them & stuff tissues into the toes, haha.
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    Have you tried insoles?
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    (Original post by Prudy)
    Actually, ignore my last piece of advice. Under the Distance Selling regulations you have a right to cancel the contract within 7 days of receipt of the goods. Even if they may be damaged you do not necessarily lose the right to cancel. The supplier can only rely on the right of action against the consumer for breaching the statutory duty to take reasonable care of the goods.

    http://www.out-law.com/page-430#Right
    I'm not sure I understand that law fully. It doesn't specifically state whether the supplier will accept it.

    "The supplier can only rely..."

    So if Footlocker do rely on this law, which they will, then I won't be able to get a refund/exchange? Also, I didn't take reasonable steps to care for the goods, so I dunno how to interpret this. Also, the Footlocker website is (conveniently) down at the moment, so I can't phone them!
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    (Original post by HarryA)
    I'm not sure I understand that law fully. It doesn't specifically state whether the supplier will accept it.

    "The supplier can only rely..."

    So if Footlocker do rely on this law, which they will, then I won't be able to get a refund/exchange? Also, I didn't take reasonable steps to care for the goods, so I dunno how to interpret this. Also, the Footlocker website is (conveniently) down at the moment, so I can't phone them!
    You haven't looked after the shoes so footlocker are under no obligation whatsoever to refund or exchange. You can try arguing with them but I can't see them agreeing. If they do it will just mean they've lost the £70 instead of you - they can't resell them if they're muddy.
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    (Original post by HarryA)
    I'm not sure I understand that law fully. It doesn't specifically state whether the supplier will accept it.

    "The supplier can only rely..."

    So if Footlocker do rely on this law, which they will, then I won't be able to get a refund/exchange? Also, I didn't take reasonable steps to care for the goods, so I dunno how to interpret this. Also, the Footlocker website is (conveniently) down at the moment, so I can't phone them!
    They have to give you the refund, even if you have breached the statutory duty to take reasonable care, however they have to prove that you have not taken reasonable care of them - so you may want to give another go at cleaning them fully.

    The right of action means that they could sue you for their perceived loss, but it's all about taking your chances. I'd guess that with a company as big as foot locker they may just take them back without an issue, and if they do challenge it, you may still be able to get a part refund, or something similar.
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    (Original post by callum9999)
    You haven't looked after the shoes so footlocker are under no obligation whatsoever to refund or exchange. You can try arguing with them but I can't see them agreeing. If they do it will just mean they've lost the £70 instead of you - they can't resell them if they're muddy.
    They are under an obligation to refund them.
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    (Original post by Prudy)
    They have to give you the refund, even if you have breached the statutory duty to take reasonable care, however they have to prove that you have not taken reasonable care of them - so you may want to give another go at cleaning them fully.

    The right of action means that they could sue you for their perceived loss, but it's all about taking your chances. I'd guess that with a company as big as foot locker they may just take them back without an issue, and if they do challenge it, you may still be able to get a part refund, or something similar.
    I am slightly sceptical, but I'll get that done first thing tomorrow morning. Thanks a lot for your help. I really appreciate you taking the time out of your day to do it.
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    (Original post by Prudy)
    They are under an obligation to refund them.
    So if I order a phone but drop it on the floor and crack the screen, the shop I ordered it from would have to refund it? I don't think so... (exact same principle, dirty trainers can't be resold just like a phone with a broken screen).
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    (Original post by callum9999)
    So if I order a phone but drop it on the floor and crack the screen, the shop I ordered it from would have to refund it? I don't think so... (exact same principle, dirty trainers can't be resold just like a phone with a broken screen).
    Why don't you think so? What do you have to back up that assertion?
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    (Original post by Prudy)
    Why don't you think so? What do you have to back up that assertion?
    I can't produce a law saying another law doesn't exist - you need to show me the specific law that says online shops have to refund you even if you've broken the product...
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    (Original post by callum9999)
    I can't produce a law saying another law doesn't exist - you need to show me the specific law that says online shops have to refund you even if you've broken the product...
    The distance selling regulations:

    http://www.oft.gov.uk/shared_oft/bus...901B5A49F0FA87

    I'm just wondering why you punted straight in and said I was wrong as opposed to asking why I might have been right.
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    (Original post by Prudy)
    The distance selling regulations:

    http://www.oft.gov.uk/shared_oft/bus...901B5A49F0FA87

    I'm just wondering why you punted straight in and said I was wrong as opposed to asking why I might have been right.
    Because I know about the DSR's yet don't recall a clause saying the consumer is allowed to damage the item yet still get a refund.

    From your document:

    3.60 - "Consumers have a statutory duty to take reasonable care of the
    goods while in their possession." Wearing them in mud is not "reasonable care" by anyones definition.

    and 3.58 says "The DSRs allow consumers to examine goods they have ordered as they would in a shop." Which walking about in mud wouldn't comply with.
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    (Original post by callum9999)
    Because I know about the DSR's yet don't recall a clause saying the consumer is allowed to damage the item yet still get a refund.

    From your document:

    3.60 - "Consumers have a statutory duty to take reasonable care of the
    goods while in their possession." Wearing them in mud is not "reasonable care" by anyones definition.

    and 3.58 says "The DSRs allow consumers to examine goods they have ordered as they would in a shop." Which walking about in mud wouldn't comply with.
    The regulations also state that if a consumer has not complied with the statutory duty of care the supplier cannot refuse the refund, but does have a right to a cause of action - as I said in my post. Perhaps you should be less selective in your quoting.
 
 
 
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