To be sent tried on shoes from a boutique child’s store?

[Bambooparty]

I have been sent these today from Amaia Kids. I bought them off the website direct. They have arrived today and I am absolutely gutted that they have dirty soles, grime on the outside and toe marks on the inside. They were £55.00

I emailed them pictures and they have told me they are a small company and sometimes things get tried on, in their words “it happens”.

They expect me to exchange and pay for a return.

AIBU to expect brand new shoes when I order, small company or not? The email replies makes me think I am being AIBU.

Advice appreciated.

Worn shoes should be advertised as so

Tried on is one thing, they have been worn.

They aren't just tried on, they've clearly been worn outside.

I'd expect a discount or a replacement, and I wouldn't be willing to pay for the return. I'd ask them again to arrange an exchange and if they don't they try a social media account.

I used to work in shoe retail, they've not been 'tried on' they've been worn!!

Quote the consumer rights act here: they have clearly misrepresented their goods as new.

As such, they are in breach of contract with you and are liabile for the cost of the return. If you choose a refund rather than a replacement, they must also reimburse any original delivery costs you paid.

Thanks so much for your replies!

They was the email was worded made me feel like I was in the wrong because they were a small store.

Im glad I wasn’t in the wrong!

You are absolutely not wrong. Those shoes are worn.

They aren't 'brand new' which is what they have supposedly sold you.
I wouldn't have it.

£55 to be sent second hand shoes? I'd be kicking off

That is disgraceful. You ordered and paid for new shoes. That pair have not "just been tried on" they have been worn.
Their response is not good enough. Found this below. Hope it helps

Under the Consumer Rights Act 2015, you can get a refund, repair or replacement on faulty items, or if something you buy isn’t as described, or not fit for purpose.

This applies to in store and online purchases, but whether you can get a full refund, or need to settle for a repair or replacement depends on how long you’ve had the item before the problem occurs.

You can also get a refund on unwanted goods when shopping online, with a few exceptions. This is because unlike buying on the high street, you don’t get a chance to see items first.

They was the email was worded made me feel like I was in the wrong because they were a small store.

The children of the Prince and Princess of Wales are regularly seen in clothes from Amaia Kids. They are certainly not just a small store so don't let them pull the wool over your eyes.

Totally wrong. Which and Resolver both have free tools to draft a consumer rights act 2015 faulty goods claim.

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl#use-our-faulty-goods-tool

This is hilarious, you part hard earned money for items and because they’re a small business they expect you to be grateful for shoddy items and customer service!? I’ve come across this before actually, irked me no end because it was a massive battle to get a replacement and a big business wouldn’t have quibbled. Puts me off.

this is covered under DSR, I'd expect the same from a scam ebay seller, not a well known company

BBC One - Watchdog - Distance Selling Regulations

Here's her most recent financials - small business my arse!
https://find-and-update.company-information.service.gov.uk/company/05352448/filing-history

How did u pay
The good thing is they haven’t disputed them they could of Said they were brand new and accused you of lying

Email and say that they are not as described - ie they’re not new. If they’re not playing ball, you can do a chargeback from your card.

they aren’t ‘tried on’ they are used, someone has probably pulled a fast one by buying them for an occasion and then returning them after.

I once bought a children’s jacket new from mountain warehouse online and it arrived with another childs name written inside and had been washed so much that it was all bobbled and the logo had started to peel off! They did send out a new one and asked that I passed the worn one onto a charity, which I did.