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I just bought a reebook shoes and I wore it today but after walking about 30 minutes my left foot top side(bridge) is hurting me so much that I can not resist. I wrote an email to the seller but they say once I wore I cannot return it back. All my other shoes with the same size is OK and having no pain. But this one is hurting my left foot. Do I have the right to return it under consumer rights? To be mentioned I bought it through the internet from a company.

Best wishes,

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    did you buy it from a company or from an individual (e.g. on eBay)?
    – motosubatsu
    Commented Jan 28, 2020 at 13:04
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    The clarification request by motosubatsu is very relevant, because the Fernabsatzgesetz regulates returns for articles bought on the Internet, but only if bought from a business and not from a private person. When you buy from a private person, then the rules of the Bürgerliches Gesetzbuch apply.
    – Philipp
    Commented Jan 28, 2020 at 14:47
  • @motosubatsu I bought it new and from a company/reseller. It was brand new shoes.
    – Amin Rezayee
    Commented Jan 28, 2020 at 21:48
  • @Philipp This is correct for the result, but the Fernabsatzgesetz was integrated in the Bürgerliches Gesetzbuch in 2002.
    – K-HB
    Commented Feb 1, 2020 at 9:19

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If you bought online (so you had no chance to see the shoes and try them out before buying them) then you can return them within seven days. That’s very inconvenient for the seller, but it is the price they have to pay for not having a brick and mortar store.

They have to take them back even if there is no fault.

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  • The principle is correct, but the period is to shourt. See my answer.
    – K-HB
    Commented Feb 1, 2020 at 9:17
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If you are a consumer (Verbraucher) and bought the shoes from a company (Unternehmer) via the internet, this is a distance contract (Fernabsatzvertrag), § 312c BGB. In this case you have a right of withdrawal (Widerrufsrecht) according to §§ 312g, 355 BGB.

So you can withdraw the contract within 14 days after you got the shoes (§§ 356 II n. 1a, 355 II BGB) and send the shoes back. The seller should have given you a information on that right (§ 312 I BGB, Art. 246a II EBGB).

The damage on the shoes is only relevant, if you used them more than necessary for checking if they are OK for you. This is not the case, you tried them like you would have done in a physical store.

For your interest: This rights are identical all over the EU. So it would also work, if you bought the shoes outside of Germany, but in the EU.

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