Online returns

tdmusic · 7 July 2017 at 4:21PM

Hi,

I hope this is the right place to post this! I'm actually messaging this as a seller rather than a consumer but I want to make sure I get my facts right.

We have a customer who has a product that requires online activation which will then activate the warranty. Now the customer has decided that he no longer wants the product after 4 days of owning it (and activating the online warranty).

Now I understand that he has the right to return that item due to the online selling regulations, however, because he's activated the warranty and has physically used the product (very easy to get proof and we can see how many minutes or hours it was used for)

Where do I stand? I can't sell the item as new due to the warranty and the manufacture can't reset it, am I by law okay to charge the customer a fee for using the item? (this way i can sell it as second hand stock but not make a loss) If so, is anyone able to link me to an official document that states this?

Let me know your thoughts!

powerful_Rogue · 7 July 2017 at 4:32PM

tdmusic wrote: »

Hi,

I hope this is the right place to post this! I'm actually messaging this as a seller rather than a consumer but I want to make sure I get my facts right.

We have a customer who has a product that requires online activation which will then activate the warranty. Now the customer has decided that he no longer wants the product after 4 days of owning it (and activating the online warranty).

Now I understand that he has the right to return that item due to the online selling regulations, however, because he's activated the warranty and has physically used the product (very easy to get proof and we can see how many minutes or hours it was used for)

Where do I stand? I can't sell the item as new due to the warranty and the manufacture can't reset it, am I by law okay to charge the customer a fee for using the item? (this way i can sell it as second hand stock but not make a loss) If so, is anyone able to link me to an official document that states this?

Let me know your thoughts!

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.

I would say the value has dramatically dropped if the warranty has been activated - so reduce away!

tdmusic · 7 July 2017 at 4:34PM

Sounds good! It's an issue we face with this new line of products and something i'll be honest we didn't even consider!

Is their any official wording from the government or any link to an official source to back my claim up when this happens again? Also thank you very much for your reply!

EDIT: I have just seen your last bit of quote, can i ask where you got that bit of text from?

powerful_Rogue · 7 July 2017 at 4:47PM

tdmusic wrote: »

Sounds good! It's an issue we face with this new line of products and something i'll be honest we didn't even consider!

Is their any official wording from the government or any link to an official source to back my claim up when this happens again? Also thank you very much for your reply!

EDIT: I have just seen your last bit of quote, can i ask where you got that bit of text from?

https://www.businesscompanion.info/sites/default/files/The%20sale%20and%20supply%20of%20goods_ALL_BIS_GOODS_GUIDANCE_SEP15.pdf

Have a look at page 25.

The bit of text I quoted was from the Which website.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Can I ask what the item is and how much it sells for?

DoaM · 7 July 2017 at 4:55PM

What governs online sales are:

Consumer Rights Act 2015 (applies for all consumer transactions)
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Check out Part 3 of the latter. Section 37 might be relevant here. No it doesn't, per post #6. The online activation comment suggested it was a software package, but obviously not.

tdmusic · 7 July 2017 at 4:55PM

It's a drone and sells for £1,099.

shaun_from_Africa · 7 July 2017 at 5:02PM

tdmusic wrote: »

It's a drone and sells for £1,099.

Do you have any idea how much a 2nd hand unit would sell for?
If so and you can also find out if the warranty is transferrable and if there is a charge for this then I would think that using those figures as a guide you should be able to calculate an approximate value for the now used drone and then offer this to your customer.

tdmusic · 7 July 2017 at 5:05PM

The warranty is based using the serial number of the drone I believe so if a person was to buy it, they would be covered but its from the point that the original buyer activated it. I guess what I can do is look at the second hand value and see what the difference is between the original new value.

powerful_Rogue · 7 July 2017 at 5:05PM

Think along the lines of - "If the customer takes me to small claims court challenging the reduction, can I prove on the balance of probabilities that the reduction was justified".

I would image a second hand (possibly without packaging) drone with no warranty would be vastly reduced in price.

powerful_Rogue · 7 July 2017 at 5:07PM

tdmusic wrote: »

The warranty is based using the serial number of the drone I believe so if a person was to buy it, they would be covered but its from the point that the original buyer activated it. I guess what I can do is look at the second hand value and see what the difference is between the original new value.

But does the activavtion link that drone to the buyers name and address - also with dated proof of purchase.

All well and good it being linked to the drone, however if the manufacturer won't talk to the new customer because its not in their name/address then it will be useless.

How long is the warranty for?

shaun_from_Africa · 7 July 2017 at 5:32PM

One other thing that would be worth checking.
Are you 100% sure that your customer made the purchase as a consumer?
If the drone was bought for business purposes (such as by a surveyor, professional photographer etc) then there is no right of cancellation simply for a change of mind.

Online returns

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