european-union germany consumer-protection
Can I return shoes that hurt one of my feet in Germany?
<p>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.</p>

<p>Best wishes,</p>

<p>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. </p>

<p>They have to take them back even if there is no fault.  </p>

<p>If you are a consumer (Verbraucher) and bought the shoes from a company (Unternehmer) via the internet, this is a distance contract (Fernabsatzvertrag), § 312c <a href="http://www.gesetze-im-internet.de/englisch_bgb/" rel="nofollow noreferrer">BGB</a>. In this case you have a right of withdrawal (Widerrufsrecht) according to §§ 312g, 355 BGB.</p>

<p>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 <a href="http://www.gesetze-im-internet.de/englisch_bgbeg/" rel="nofollow noreferrer">EBGB</a>).</p>

<p>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.</p>

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<p>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.</p>
