As long as the store is following it's Return/Exchange policy there is no fraud or RipOff on their part. However, what you are asking them to do could be considered fraud. As you are basically saying that they should sell these shoes as "new" even though you have worn them and used them(length of time does not matter).
- length of time DOES matter. condition DOES matter. context DOES matter. All "new" cars are sold with miles on them; they didn't just get picked up by crane at the factory and dropped off at the dealership. Is that fraudulant to call them NEW just because they have a few hundred miles obtained during transport and testing? Do clothing stores take all clothing returns and donate them to goodwill, or do they resell them as "new"? Have you ever bought an item from Home Depot that was sealed with tape because someone else returned it, but they are still selling it as new? I have pictures of the soles of the shoe, and the "shiny" gloss on plastic that quickly wears off is STILL SHINY. I could show these shoes to 25 people, and 25 would say they are in "new" condition. An intelligent person can inspect the facts and make a reasonable assessment. Based on a reasonable definition of what "new" means, and based on the car, clothing, and Home Depot comparisions, these shoes are "new".
- this is a mom and pops store. No digital cash register; the receipt is manual written on paper, they have no website. They have no return policy in writing, or on a sign in the store. They didn't say what the return policy when I bought it.
Zappo's has taken back every pair of shoes I returned over the last 5 years, no questions asked.
- Well thanks for letting us know about that. Makes you wonder how many pairs of used shoes they are selling as "new".
- Zappo's has a condition policy. If you sent back a pair of shoes that is truly worn, has dirt, scuffs, etc, then they will reject them. If not, then they get resold AS NEW, which is exactly what should happen. That's what we call being rationale. Tell me, if 20 people try on a pair of shoes before you at the store, but do NOT buy them, by your definition, those are "used" shoes. Or is 20 ok, but not 25? See how silly that aregument of yours is? The shoes can be in "new" condition if they are worn a lot, or they can be in a "worn" condition after 5 minutes if a 11 year old boy puts them on and goes to town. The length of time is meaningless.
My lawyer was ready to help get my money back, but most legal disputes less than $1000 are not worth the time because it costs more money to pay the lawyer than you would get back from the defendant.
- Of course he is ready to help you...for a fee. If you prevail you can claim your legal and court costs as well. But I have a feeling that in your lawyers willingness to help you they also stated that it is not a gurantee.
There is also small claims court where you don't even need an attorney.
- It is much easier to win a claim in court than it is to win the court costs associated with it. I don't understand why, but nevertheless, that is the case. Additionally, the lost time involved at my hourly pay would be significant. Financially, there is very little chance I would a) win, b) get court costs covered, and c) get my lost wages cost covered. Its not worth the effort. That's why my only response has been to 1) communicate with the store twice, and get no resolution, 2) post the story so others can avoid the same problem. Anyone who goes to court over $125 has their priorities out of order.
In the meantime, I am trying to sell the shoes online.
- Where I am sure you are being totally truthful and letting them know you wore them for 15 minutes and got a severe blister...right?
- I sent them off to Asics to have them inspected for a defect. I knew, of course, that there was nearly zero chance they would find a defect, and that is what happenned, so they sent them back to me. Surprisingly, Asics paid for the costs of shipping. So no, there is not a defect. A rationale person would know that people's feet are different shapes, and what works for someone doesn't work for another. Since both Asics and the store say the shoes are defect free, there is no DEFECT to post in an online ad. Tell me, when you go on a dating site, do you mention why you broke up with your previous dates?
Let me guess you must work as a Used Car Salesman.
A rationale person with some personality training would understand the specificity of my comments makes t likely I am an accountant, engineer, programmer, or some other profession that is very detailed and clear.
I'm not sure I recall seeing a third party rebut against a RipOff Report ... only the two parties in dispute. Makes me wonder what you do for a living (or perhaps, are in between jobs perpetually) that you comment on random reports.