I am writing to formally demand immediate resolution regarding the unresolved refund for my Adidas order placed on June 4th, 2024.
I ordered running shoes for my team who were preparing for the Ironman competition in Spain. The competition took place on July 14th, and unfortunately, there was confusion with the sizing on the website, and many of the shoes arrived in the wrong size. This was very stressful as you can imagine, with such an important event approaching! To add to this, the order arrived in three separate boxes. To make the return process easier, I repackaged everything into one larger box. Thankfully, I had some sturdy boxes from sports equipment, so everything was packed securely. Of course, we needed a uniform look for the competition and there was no time to wait for replacements to be shipped. We had to buy new shoes in Spain where the Ironman was being held. Luckily, there was an Adidas store nearby. We returned from the competition with good results (my athlete from Kenya took third place, and the girl from Canada came in eighth!).
The return package was delivered to your warehouse on June 25, 2024, confirmed by the shipping carrier. A copy of the return shipping receipt and confirmation of delivery is attached. Despite repeated communications and the submission of all requested documentation, my refund remains unprocessed, violating both consumer protection laws and basic ethical business practices.
Adidas’s Responses and Delays:
Customer service repeatedly informed me to wait 14 business days for processing. Despite over 116 business days passing, no refund has been issued.
On one occasion, your representatives falsely claimed that the returned items did not match the original order. This allegation is completely baseless, as I returned the items in full, securely packaged in one box, as verified by the shipping carrier and return desk employee.
It is unacceptable that Adidas, a leading brand in the sportswear industry, exhibits such disregard for its customers. I have clearly demonstrated that my return was successfully delivered to your warehouse, as evidenced by:
The return shipping receipt, which was provided to you upon request.
Confirmation from the shipping carrier, whom I contacted directly to verify the delivery of my return to your facility.
These documents provide indisputable proof that I have fulfilled all requirements for a return and am fully entitled to a refund.
How much longer must I wait? What other "necessary teams" need to be involved in resolving this straightforward matter? I have been patient, but this delay is unacceptable and causing me significant inconvenience.
I demand immediate action and the issuance of my refund without further delay. Should this matter remain unresolved, I will be forced to escalate it to consumer protection agencies and seek legal counsel.
Legal Violations and Consumer Rights:
Adidas’s actions—or lack thereof—violate Section 15 U.S.C. § 45(a) of the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive business practices. Failure to issue a refund in a timely manner, despite acknowledgment of receiving the return, constitutes an unfair practice under this statute.
Additionally, under the Uniform Commercial Code (UCC) § 2-608, customers have the right to revoke acceptance of goods if they fail to conform to the order or are otherwise defective. In such cases, a prompt refund is mandatory. Adidas's non-compliance further breaches this standard.
Relevant Case Law
The courts have consistently ruled in favor of consumers in similar cases:
FTC v. Gateway Learning Corp. (2004): The FTC ruled that failing to refund consumers within a reasonable timeframe violates the FTC Act.
Moore v. Amazon (2021): Amazon was required to promptly process refunds after receiving returned items.
This experience has caused undue stress, wasted time, and significant inconvenience. I expect a resolution within a few days from the receipt of this letter, as all reasonable deadlines have already expired. Should I not receive a prompt response, I will have no choice but to proceed with further legal escalation.
Sincerely, Mark Schelax
Claimed loss: 520$
Desired outcome: I would like to receive a full refund amount of order paid and successfully returned to Adidas warehouse that was confirmed by FedEx
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