Please Help Advise Badly Needed

  1. Earlier this month I purchased some Christian Louboutin shoes. I had seen them on Net-a-Porter but they did not have my size so i went in search of them on the internet, i found a shop in Edinburgh Scotland and phoned and asked if they had them - YES great i thought, but because they had such pointed toes i did not know what size to buy i am normally a 39 so that is what i purchased. Anyway when they arrived they were really tight across my toes so i telephoned the shop and told them, she advised me to wear them with a thick sock as they would stretch. Anyway i did not bother and just put they away in my wardrobe a few days later a friend came to see me and i decided to ask her what she thought of them and she said that she thought they were definiitely to tight and i should get the larger size. The next day (last Friday) i telephoned the shop and said i would be returning them for the biggers size, she did not seem very happy about this, i wrapped them up safely and sent them by special delivery next day so they arrived on the Saturday morning. HERE COMES THE PROBLEM on the Monday morning the woman at the shop telephoned to say that the shoes where damaged they had a small mark on the front and she could not possibly sell them again, i know that i did not do it as i only had them on twice once just sitting in my lounge and the time my friend came round i did not even walk in them, the woman in the shop refuses to accept that i did not damage them and will not send me another pair of shoes so at the present time she has my shoes and my £286.00 i have spoken to a lawyer and trading standards who both say that the burden on proof lays with her but she will not have it. WHAT DO I DO NOW:crybaby: . ANY ADVICE PLEASE
     
  2. hmm..this is a tough one - unfortunately you can't really do much b/c she has the shoes (you didn't happen to take pictures of them before you sent them back did you?) -

    She may very well mark them up if you ask her to send them back and there won't be anything you can do to prove it! i would definately try and talk to the manager - call her back and say you're very greatful that she took the time to help you out and all of that - but you packed them very carefully and even sent them special delivery - and you really want the shoes and you want to work this out -

    usually if you ask to speak with the manager they know you mean business. Explain your situation to the manager - tell her to even look at the soles (that might prove also that you never wore them) and emphasize the fact that you're not asking for a full refund - you just want shoes that fit. also thank them very much for all of their help thus far. you really have been impressed with them - and if they could please do this favour for you (it always helps to be on their best side even if you don't believe it 100%)

    iif you remain really polite but firm and emphasize that you gave them your business- most places will ascribe to the "customer is always right" policy- because they don't want you to spread bad words about them so they lose more potential business (ie coming on the purse forum and telling us all how unreasonable they've been)

    and if after talking the most senior person and they still won't budge - then i say - get the shoes back FOR SURE - and don't you pay another penny in shipping. it's the LEAST they can do if they won't even give you the proper size.

    once you get the shoes back - you can always list them on eBay - and you might even get all your money back or more! or at the very least you can get a significant portion of it back - it won't be a complete loss...it's not a good situation - not to worry! you do have some "outs"

    hope it all works out! *huggs*!!
     
  3. Have you discussed this with your cc company?
     
  4. I agree with Angie and Shoefan do both. Call your CC company. Iknow some eBay sellers that did this. I know a friend purchased a Dior bag and it turned out to be fake when she sent it back the seller said it was completely dirty and damaged!! Definitely talk to manager and be firm. Maybe even threaten to report them to I dunno we have consumer affairs, do you have someone like that??
     
  5. gosh, I agree, this is a tough one. If they are leather, they can be stretched, but I do not see why you should have to accept back a pair of shoes that not only are too tight, but which are now damaged!

    I would reiterate the fact that you were not liable for the damage, and ask again where do you both go from here.
     
  6. Thanks everyone for your answers, firstly the person i have been speaking to is the owner of the shop, she is very clever speaks to you very potite but must obviously know how the damage was done to these shoes because i most definitely did not do it. The shoes arrived back at her shop on the Saturday morning i think it most odd that it took her until Monday morning to ring me i am very sure if i had been sent a damage pair of shoes i would have been on the phone immediately. i have :confused1: been in touch with my bank and they are looking into a charge back they have opened a dispute with the shop.

    I am just so annoyed i spoke to trading standards, consumer help line and a solicitor yesterday who all state that the onus is on her to prove that i caused the damage this is covered by the sale of goods act 1979 but she will not have any of it, when i told her this yesterday morning she said she was going to get some more advice and come back to me that was yesterday morning and i have not heard a thing.:sad:

    I am so annoyed she has my shoes and my money and it seems that i cannot do anything about it.
     
  7. Be assured that when it is resolved, this will not be the case.

    It's a shame you have to go through all of this. :shame: