Listed as New without box, no mention of any defects. They offered refund once I send them back but again never admitted to any defect/deceiving other than "sorry you're not happy". They included a picture of a sole and I guess I was naive since they said in the listing "marked to prevent retail return" I assumed it was their own proprietary marking and my experience with AE seconds/thirds is quite limited. I will just return them as this disappointment in the quality/expectations leaves a bad taste in my mouth and I don't like feeling tricked/deceived in a transaction.
Thats good they offered a refund and a tough lesson the in AE quality system. Since for me seeing the no warranty on the sole in the listing I would immediately disregard the "new with box" then set my price limit for the shoes if I thought they looked ok. However not clearly showing the defect is pretty bad.