Originally Posted by GBR
you are, and those shoes look quite well worn to judge from the creases so that the problem you perceive could be due to your feet.
If they are worn, the time for debating this is past, IMO. It's the buyer's responsibility to check the goods for cosmetic flaws out of the box. If there's an undetectable quality issue that manifests later (upper comes apart, say), that would be grounds for a post-wear return ... but if you could spot the issue before wear, they're yours to keep once they hit the street.