Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Millyfull202
    • By Millyfull202 7th Sep 17, 8:59 PM
    • 4Posts
    • 0Thanks
    Millyfull202
    What are my rights if an online seller refuses a refud over damaged packaging?
    • #1
    • 7th Sep 17, 8:59 PM
    What are my rights if an online seller refuses a refud over damaged packaging? 7th Sep 17 at 8:59 PM
    Problem has been fixed
    Last edited by Millyfull202; 08-09-2017 at 5:49 PM.
Page 1
    • dj1471
    • By dj1471 8th Sep 17, 2:08 AM
    • 828 Posts
    • 551 Thanks
    dj1471
    • #2
    • 8th Sep 17, 2:08 AM
    • #2
    • 8th Sep 17, 2:08 AM
    They can't refuse a refund because of damaged packaging, but they can reduce the amount of refund to reflect any reduction in value caused by your handling of the items.

    You obviously can't prove that you didn't do something, so stand your ground.

    How did you pay and who paid for the return shipping?
    • Millyfull202
    • By Millyfull202 8th Sep 17, 3:30 AM
    • 4 Posts
    • 0 Thanks
    Millyfull202
    • #3
    • 8th Sep 17, 3:30 AM
    • #3
    • 8th Sep 17, 3:30 AM
    Their argument is that their returns policy 'clearly states' that the packaging should be in 'perfect (factory) condition.' in order to be refunded and as such they wont refund me because I cannot prove I did not damage the packaging myself (They also can't prove they did not damage it either.). I did mention about consumer rights but I again have no proof of these consumer rights either.

    I paid via debit card and I also paid the return shipping cost myself.
    Last edited by Millyfull202; 08-09-2017 at 3:35 AM.
    • dj1471
    • By dj1471 8th Sep 17, 3:35 AM
    • 828 Posts
    • 551 Thanks
    dj1471
    • #4
    • 8th Sep 17, 3:35 AM
    • #4
    • 8th Sep 17, 3:35 AM
    Their returns policy is unlawful, refer them to the Consumer Rights Act 2015.

    Since you paid for the return shipping you would be liable for any damage that occurred in transit.

    If you didn't cause the damage they describe and it couldn't have been caused during shipping then contact your bank for a chargeback.

    MSE chargeback guide
    • Millyfull202
    • By Millyfull202 8th Sep 17, 4:07 AM
    • 4 Posts
    • 0 Thanks
    Millyfull202
    • #5
    • 8th Sep 17, 4:07 AM
    • #5
    • 8th Sep 17, 4:07 AM
    I have no way of knowing if said damage was done in transit, so it would be speculation. The box had packing peanuts in it, so I'd like to think they would keep it from getting too battered, but I can only speculate. I know I did not cause this damage, because I was careful with the items and I didn't even take the second item out of the packing box. I know that there was definitely zero damage on the item I did take out, because I took care in opening it to inspect the item.

    I'm assuming I should refer them to section 45 (The right for a refund) of the Consumer Rights Act? I did wonder if their returns policy wasn't quite correct, but they're being pretty insistent about it. I've found something called the Consumer Contracts Regulations as well, which states a seller should give a refund within 14 days if a buyer changes their mind. Since they take so long to reply to their emails, it's already been ten days since I contacted them about a refund and will of hit the 14 mark by the 12th of September.

    Edit: I've also checked the .gov website which says:

    Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as 'distance selling’.
    You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.
    You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason.


    I've put all this into an email to send them and am going to point out that they ignored my request to cancel my order, sent the products anyway and demanded a reason for returning the products. I would of thought asking for and I quote 'Perfect (factory) condition goods' for distance selling would be incorrect, because unless you open the item to check it, how would you know if the item was satisfactory?
    Last edited by Millyfull202; 08-09-2017 at 4:34 AM. Reason: Info
    • dj1471
    • By dj1471 8th Sep 17, 4:40 AM
    • 828 Posts
    • 551 Thanks
    dj1471
    • #6
    • 8th Sep 17, 4:40 AM
    • #6
    • 8th Sep 17, 4:40 AM
    You only need to return the item within 14 days after having cancelled which you have done.

    You're correct, I should have referred to the CCRs. This is the relevant section:
    http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

    You are entitled to a refund but they are entitled to reduce the amount if the value of the goods has been reduced. They cannot refuse a refund entirely.

    If the items were damaged in transit you should claim from Royal Mail / the courier as appropriate.
    • Millyfull202
    • By Millyfull202 8th Sep 17, 4:50 AM
    • 4 Posts
    • 0 Thanks
    Millyfull202
    • #7
    • 8th Sep 17, 4:50 AM
    • #7
    • 8th Sep 17, 4:50 AM
    Thank you, Dj1471, I really appreciate your help! I'm going to give them another email and advise them of all this and see if I can't sort it out.
    • bris
    • By bris 8th Sep 17, 10:35 AM
    • 6,829 Posts
    • 5,855 Thanks
    bris
    • #8
    • 8th Sep 17, 10:35 AM
    • #8
    • 8th Sep 17, 10:35 AM
    They cannot refuse a refund entirely.
    Originally posted by dj1471
    Well they can actually, because that deduction can be up to 100% of the purchase price.


    But playing devils advocate here you do state that you packaged it up perfectly and then sent them back which does of course mean that they were damaged in return transit. Ask them for a report and claim from your couriers.
    • KeithP
    • By KeithP 9th Sep 17, 1:37 AM
    • 3,635 Posts
    • 1,851 Thanks
    KeithP
    • #9
    • 9th Sep 17, 1:37 AM
    • #9
    • 9th Sep 17, 1:37 AM
    OP, why did you delete your original post?

    Surely you understand that the answers to your questions might benefit others?

    Do you feel able to post how your problem has been resolved?

    That too might help others with a similar issue.

    Anyway, for those that missed it, here is the original post again...
    Hello,

    I apologise if this is not the right place for this. I was suggested this forum from a friend so I'm still new.

    I recently bought some items online from a UK based company. Upon buying them, I was informed by they were no longer needed. I contacted the company to cancel the order and also informed them of this via their Facebook. (The Facebook reply told me to email them to cancel. I told them I had done so.)

    My cancellation email request was ignored and they sent the products anyway.

    When the items arrived I opened the brown packing box and took out one of the products I had bought. One of the boxes inside was rattling, so I opened up it's cardboard box to check it wasn't broken. It wasn't, so I put it back, put it into the brown box and taped it back up. I then emailed the company and requested to return the item.

    The response I got was them telling me I'd received the product and did I want to return the items for a refund and to tell them 'Why don't you want our products?"

    I replied and told them why, and they agreed I could return the item. I sent it back in the same box it came in, with all the order documents, a written declaration asking for a refund and all the little samples they sent, as per their returns policy.

    They have contacted me today and sent photos of the outer packaging of the two items I bought and told me that they are damaged and as such, they will not give me a refund unless I prove I did not damage the items and that I received them in this damaged condition. They told me this was in line with their refund policy which states:

    “If the products have been delivered to him, the customer must return them to FREZYDERM, in the exact condition that they were, when he received them. Furthermore, the packaging of the products must be in perfect condition (factory).”

    The boxes looked like this:

    h.t.t.p.s://flippity393.imgur.com/all/

    (I had to add full stops as I am not allowed to post links as a new member.)

    I did not damage these boxes like that. One of the boxes, which is the third photo I did not even remove from the brown box and packing peanuts! The first photo, yes I admit I did remove it from the brown box, and I did indeed open the product box to ensure nothing was broken, but I certainly did not damage the lid like the photo shows as I was careful about opening it. And I did not damage the bottom of the box.

    The only thing I can think of is that the box has been dropped or rattled during transit, however I have no proof of this.

    The company are refusing to refund me unless I can 'prove' I did not do this damage, because of their returns policy. (Which begs the question of how does one check their products are suitable in the first place, if by opening them, it renders them non-returnable?)

    I most certainly did not damage the boxes like that, but unless I can prove it, they wont refund me.

    Do I have any rights here at all? Or have they caught me out on their returns policy?
    Last edited by Millyfull202; Today at 9:02 PM.
    Originally posted by Millyfull202
    .
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

147Posts Today

1,082Users online

Martin's Twitter
  • Shana tova umetuka - a sweet Jewish New Year to all celebrating. I won't be online the rest of t'week, as I take the time to be with family

  • Dear Steve. Please note doing a poll to ask people's opinion does not in itself imply an opinion! https://t.co/UGvWlMURxy

  • Luciana is on the advisory board of @mmhpi (we have MPs from most parties) https://t.co/n99NAxGAAQ

  • Follow Martin