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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To say that trying something on for size doesn't constitute wearing it?

13 replies

Bouffe · 12/11/2023 14:21

I came across a professional-looking website advertising colourful artisan-made shoes produced from leather and fabric offcuts, all very ethical and admirable. They looked interesting and different and there was a slip-on style that I thought would make a good slipper, so I bought a pair.

When they were delivered I tried them on wearing clean socks on the clean carpet in my bedroom. At which point it became clear that they were too wide and unstructured to work for me as wearable shoes. The fabric around the heel flopped down and didn't hold the shoes around my heel/ ankle. I took a couple of shuffling steps gripping onto them with my toes and realised that this wasn't going to work. It's not just the size, it's the fact that the fabric construction and design offers nothing to enable the shoe to hold onto the foot. Within a couple of hours of receiving them I contacted the company to say that they didn't fit and I also mentioned that I couldn't actually walk in them.

I'd checked that they had a returns procedure before I booked (I took the risk of having to pay to return the product) and I'd briefly read on there about having to return the goods in their original packaging etc so I've kept all that. The company turns out to be owned and run by a lone woman who, when I asked for details about getting a refund, has argued that a) it was clear that these were unstructured shoes and what did I expect? and b) that in the small print of the returns process it states that any returns have to be unworn and as I've tried the shoes on they are worn and I can't return them and c) that if I pay to return these she'll send a smaller pair, but I'll have to pay for them to be delivered — and that's all she can offer. They cost £65 and I'd like my money back. AIBU?

OP posts:
MassageForLife · 12/11/2023 14:24

OMG that's dreadful! I'm not usually one that says 'name and shame' but I honestly think people should be aware of this.

YANBU.

Cheeesus · 12/11/2023 14:24

Can you return them under distance selling regulations? Now the Consumer Contracts Regulations 2013.

HappyHamsters · 12/11/2023 14:27

What does it say in the small print, have you read it. . They don't sound fit for purpose if they are all floppy, what's the description.

Isometimeswonder · 12/11/2023 14:32

Doesn't matter about small print.
Just quote Distance Selling Regulations.
It is legislation written for exactly this purpose.

Catza · 12/11/2023 14:52

She has to accept them under consumer rights law and unless she states clearly that you pay for postage, she should be refunding you both incoming and future noting postal fees alongside the full cost of a product. Did you buy it via marketplace? Or was it a stand-alone website? If it is a marketplace, you can open a dispute case and they will step in to mediate

Bouffe · 12/11/2023 14:56

Thanks everyone. @Travis1 , thank you in particular for the Which? link which I'll quote and send to her.

I've been buying stuff online for years, most of the time admittedly from known and trusted companies, and have never had any issues with returns.

This has been a bit of a wake-up call. I'm getting the impression that I'm dealing with a one-woman band who insists on personalising and emotionalising the situation. She's made me feel as if I'm being unreasonable for not being able to keep her 'shoes' on my feet.

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PuppyMonkey · 12/11/2023 15:00

What does she expect customers to do - take them out the box and instantly be able to judge if they’re there wrong size just by looking at them?Grin

Bouffe · 12/11/2023 15:05

Catza · 12/11/2023 14:52

She has to accept them under consumer rights law and unless she states clearly that you pay for postage, she should be refunding you both incoming and future noting postal fees alongside the full cost of a product. Did you buy it via marketplace? Or was it a stand-alone website? If it is a marketplace, you can open a dispute case and they will step in to mediate

It's a standalone website. I was slightly wary but the products have been mentioned glowingly several times in the press. They are very funky (to my eyes at least) but this particular design isn't really fit for purpose. I'm gutted. If they functioned as shoes they'd be great but I'm not prepared to risk tripping over my own shoes just because they look lovely.

OP posts:
Bouffe · 15/11/2023 12:35

Result! I quoted a couple of paragraphs from the Which? article and said that claiming that trying something on for size/ fit constituted wear was outrageous and if she stuck to that argument it would give me pleasure to see her in court. Today she sent me a returns label and agreed in writing that I'd get a refund — and apparently she's going to absorb the cost of the return. Thank you, MNers.

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MassageForLife · 15/11/2023 12:52

Great news - thanks for the update!

Plisco · 15/11/2023 13:22

So glad you got this result. I wonder whether she was genuinely ignorant of the law (and lacking in common sense!), or whether she knows the law but still tries this with everyone who wants a refund?

Either way she doesn't sound like she should really be in business...

Bouffe · 15/11/2023 20:37

I do get the feeling she's quite young and naive and English isn't her first language.

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