Can I return exchanged shoes that don't fit?

Full question:

I purchased an item from a shoe store. They didn't fit so I exchanged them for a different style. These also do not fit so I would like to return them. The company refuses to allow me to return them even though they are unworn because it is an exchanged item. The return policy does not indicate that exchanged cannot be returned. Since the shoes were over $100, I want to return them and get my money back! What can I do?

  • Category: Contracts
  • Subcategory: Breach of Contract
  • Date:
  • State: Wisconsin

Answer:

Your ability to return the shoes is likely governed by the store's return policy and contract law. Review the return policy carefully, especially any statements about exchanges and returns. If the policy does not explicitly state that exchanged items cannot be returned, you may have grounds to argue for a return.

In legal terms, a breach of contract occurs when one party fails to fulfill their obligations as outlined in the agreement. If the store's refusal to accept your return contradicts their stated policy, this may constitute a breach.

You might consider filing a complaint with the Better Business Bureau or pursuing the matter in small claims court. If you choose to take legal action, be aware that contracts can be oral or written, but proving the terms of an oral agreement can be more challenging.

In summary, gather evidence of the return policy and any communications with the store. If necessary, seek legal advice to understand your rights and options for pursuing a return.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a company refuses to issue a refund, first review their return policy to confirm your rights. Document all communications with the company. You can escalate the issue by contacting customer service managers or filing a complaint with consumer protection agencies. If these steps fail, consider pursuing the matter in small claims court, especially if the amount is significant. Keep in mind that legal action should be a last resort, and it may be beneficial to seek legal advice.