Breakaway Running

Breakaway Running is in violation of the Tennessee Consumer Protection Act: T.C.A. XX-XX-X et seq.On 12 June 2014 (according to Breakaways records) I purchased (again, according to Breakaways records) [redacted]s Air Pegasus+ 29 shoes. I selected the only pair in stock that were not bright neon colors. I wore the shoes every morning through September 2014 (with the exception of inclement weather). This season I began wearing them around the end of May. On the 10th of June I went up the stairs and the right sole caught on something. Upon examination, part of the tread had come apart from the sole. I looked at the other shoe and the same thing the treads were coming off. On June 11, 2015, I called Breakaway and spoke with [redacted] Mr. [redacted] explained that Breakaways return policy was thirty (30) days, however if the shoes were defective I should bring them in. I did that same morning.Both Mr. [redacted] and [redacted] agreed the shoes were defective. Mr. [redacted] took my telephone number saying it was above his pay grade to deal with this and said someone would call me back. A week went by and I did not hear from anyone.I telephoned again on 18 June and spoke with [redacted] After introducing myself and giving him the reason for my call, Mr. [redacted] said he would call back in 5 to 10 minutes. After an hour and a half of waiting, I telephoned. Mr. [redacted] who stated that the shoes had been placed on a shelf and forgotten, that yes, the shoes were defective, and that they would send them to [redacted] who would replace the shoes at no cost to me. Not hearing back from Breakaway, on July 16, I telephoned again. Mr. [redacted] stated Breakaway had yet to hear from [redacted] but they had sent [redacted] e-mails and was waiting to hear back. Breakaway would contact me as soon as they received confirmation from [redacted].I took it upon myself to telephone [redacted] directly. I spoke with a customer representative, [redacted] who explained [redacted] return policy with respect to their shoes was . . . the material or workmanship is flawed within two (2) full years of return, [redacted] gives full credit. He then cross-referenced Breakaway Running, individuals names, and the telephone number of the store to find the status within [redacted] database. [redacted] stated there was no record of Breakaway remitting anything to [redacted]. I thought that odd.I telephoned Breakaway on July 22 and spoke with Kirby Long again. He stated Breakaway was e-mailing their customer representative, [redacted] to no avail. She had not responded. I telephoned [redacted] Ms. [redacted] stated she could not speak to me without authorization from Breakaway and/or a reference number. However, she emphasized that if she had received something from a retailer her turn-around time was two (2) weeks. I telephoned Breakaway once again, and the owner, [redacted], answered. I explained what I had found out and asked him for a reference number. His response: Im not going to give that to you. I dont want you jeopardizing my relationship with [redacted] I was taken aback. I asked him what he was trying hide. Mr. [redacted] became very aggressive and shouted to someone asking what kind of shoes these were. When the reply came he yelled back, those things are two years old. Mr. [redacted] then spoke to me stating, Just come in and Ill give you the exact same shoes, He stressed exact and hung up on me.I did the following week. [redacted] was behind the counter with [redacted] I introduced myself and without saying anything Ms. [redacted] handed me a box. When I opened it, the shoes may have been a pair of [redacted] but they were neon purple, green and pink with silver cords. These were not the exact pair of shoes Mr. [redacted] stated he would replace. The color of the pair I purchased is called summit white. I told Ms. [redacted] these were not what Mr. [redacted] described to me and I would wait for Breakaway to inform me when [redacted] either returned my shoes or rendered a credit.I have never heard from Breakaway Running. Breakaway could have avoided all of this. When I first brought the defect to Breakaways attention the response should have been that though Breakaway understood my problem, the stores return policy was thirty (30) days. [redacted] customer service representative told me the most expedient solution would have been for me to contact [redacted] direct as [redacted] return policy was two (2) years and they were very liberal when it came to consumers. The likely outcome would have been [redacted] issuing a credit voucher to me, which I could then use to purchase a new pair of [redacted] shoes. The onus would have been on me with Breakaway out of the loop. Breakaway didnt do that. They took possession of my shoes.What I dont understand that is if Breakaway did, in fact, return the shoes to [redacted] why wouldnt they give me a reference number so I could follow-up on this? I was able speak directly with their representative Ms. [redacted] Why couldnt they? How could it be construed that I would be jeopardizing Breakaways relationship with [redacted] Im simply the owner of the shoes wanting to know what stage the process was in and when I could expect the return of my merchandise or credit? I paid for them, theyre mine, it had been over two (2) months since Breakaway took possession of them. If, as two separate entities of [redacted] told me, the two week turn-around policy applies, where are my shoes or credit? I would be more than happy to accept a pair of the exact shoes I purchased; i.e., Women's [redacted] Air Pegasus+ 29 in summit white. Mr. [redacted] made three mistakes: as an independent retailer in todays economy his tone should have been more conciliatory; his second was in using the term exact; and third, Mr. [redacted] should have confirmed that this specific pair of shoes in summit white, in my size, was in Breakaways inventory prior to his being so precise. If I had to guess I believe that my shoes were put somewhere in Breakaways stockroom, someone sawDesired SettlementBreakaway has my money and my shoes. I want one or the other returned to me.