drb5

iTrader: (4)

Ok so, I have a customer who wants a refund on an item that isn't right for them. They are within the 7 working days for a refund, but say I got the item back and it wasn't in the same condition as when I sent it. What can I do exactly?

jonc

I would have thought that unless the item is faulty, then they can't expect a refund if they've used or broke the said item or not returned in the condition that it was sold to them. However, if it is your own business, then you could as a goodwill gesture offer something else that is more suitable for same price or a discount if more expensive if they're regular customers.

drb5

iTrader: (4)

I sell golf putters and accessories. Around 50% will be used, but I always take as good pictures as I possibly can.

I don't mind the refund part and looks like I am required to pay return postages too, but i'm not up for refunding a customers money, if the item returned is in any way different condition wise. Is there not a legal obligation there at all? I'm struggling to find an answer...

Devildog

What do your terms and conditions say?

if its faulty they are entitled to a refund. If you are selling over the net then the distance selling rules apply

http://www.oft.gov.uk/shared_oft/bus...ral/oft913.pdf

hth

drb5

iTrader: (4)

My terms and conditions are only a guide, but as you know, I need to abide by the DSR.

It's not about an item being faulty, but if the customer doesn't want the item and returns it, what can I do if it is no longer in the same condition as when I sold it?

Devildog

Dave

Read para 3.47

http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

Cheers

hodgy0_2

people tend to expect a "no quibble" returns policy these days


obviously not it is has clearly been used and abused

drb5

iTrader: (4)

Thanks guys.

Looks like I can make a "claim" should any damage appear to the item, once it's returned to me, but am I going to court over £50? Not likely. Also, I should refund in full, the moment they want to cancel and not when I receive the item back.

Happy days.

Justme103

iTrader: (2)

Customers return goods to retailers every day and many of them ask for refunds.

Circumstances when customers do not have a legal right to a refund, repair or replacement

Customers do not have a legal right to a refund, repair or replacement from you if they

accidentally damaged the item
misused it and caused a fault
tried to repair it themselves or had someone else try to repair it, which damaged the item*
if they knew it was faulty before they bought it
if they decide they no longer want the item (for example it's the wrong size or colour, or does not suit them).

Taken from the sale of goods act (Not sure if it will help regarding distance selling)

riiidaa

iTrader: (2)

Really??

tarmac terror

iTrader: (2)

Could be genuine enough - I used to play golf, and every once in a while would change putters and woods.

I would 'test drive' three or four at once from the pro's shop, sometimes buying none, or maybe one that I found suitable. I wouldn't buy a golf club from a website for this reason, that you cant try it before you buy it.

I would speak with the seller, they may be straight enough.

pslewis

He IS the seller ........

jods

Can the OP give us more information about the difference between the sent condition versus returned condition.

riiidaa

iTrader: (2)

not until he gets the item back

thenewgalaxy

In my job, it is best to refund a customer even if they are quite unreasonable. Out of thousands of customers in the last 18 months I have refunded one and might have to go the same way for another. The first instance was wholly unreasonable and I was left with a bigger hole in my pocket than the original job cost. But it wasn't worth the hassle so I let it go.

Remember that a situation can escalate quickly and bad publicity can be a really undesirable thing in a small world. Would bad feedback be a big thing for you? Is the customer likely to give bad feedback? I would suggest contacting them to discuss it.

I would have thought a partial refund would be fair in this situation as you cannot sell the item as new, and your customer has not got an issue with the quality of the item. I am not aware of how that stacks up legally though.

jods

Apologies. I missed that element.

OP. Take the returned item back. As long as it is not significantly degraded then refund less postage.

Life's too short. Especially for such small sums.

ditchmyster

iTrader: (7)

This.

David Lock

These days girls buy clothes on the net, wear them to a party, and then return them saying they aren't suitable........

jods

Knickers

drb5

iTrader: (4)

Thanks for all the help guys.

It was generally a question, should the worst happen and what my grounds were. I've received the item back and I'm quite happy with the condition.

It is my legal obligation to refund the full amount and straight away, from the buyer wanting to return the item. This time however, the buyer was happy to have his money back, when I received it back from the postie and minus the original cost of postage...£11. I decided to give him all of his money back, as I felt I'd rather do that and possibly have his business later on, without troubles, than him asking to buy another item and possibly asking for further discount, as he "done me a favour".

In the end up, I'm out postage cost, but I'm ok with that, if there's no ill feelings.

The only thing I'm still uncertain about, is this "claim" I can do should the worst arisen. I think I need to speak to my lawyer there...

Thanks again for all the help guys.

pslewis

Customers are in a stronger position than most of them realise .... now and again you will meet one who knows their 'rights' and, always, in these cases, pay up fast.

Scooby Soon!

If it is returned with in the DSR guidelines (lots of ifs and buts with this but lets say you are following the rules correctly on your site etc) then according to the DSR's you must refund them in full including original postage charge AND if you did not make clear who would pay the return postage charge in the event of a change of mind return you have to pay that as well. If the item is damaged or not as you sent then you need to take it to small claims court.

BUT if you did not refund them correctly and it goes to court I believe the court will use the DSR's as a guideline but as long as you did something in a reasonable matter then they won't punish you.

for example if you bought a diamond ring online for £10k would it be "reasonable" for the retailer to wait before this was returned before issuing a refund? I believe it would be as would most normal people......


I deal with returns daily and you will get customers who take the **** you have to work out the best way to deal with them money vs time.

Boro

iTrader: (1)

You should add in your returns terms and conditions that postage refunds are not included.

Either at all or if the buyer just changed their mind. You might decide that if you have to refund because something is faulty that you refund the postage but if the customer ordered the wrong item then postage isn't covered.

Scooby Soon!

which would make your return T&C's invalid giving the customer 6 months to change there mind and return at the sellers expense (delivery, collection and the cost of the item)

drb5

iTrader: (4)

I do have it listed that the buyer pays the return postage, so I'm alright there it sounds.

Will indeed play it cautiously from now on, thanks.