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Do I have to give a refund if customer hasn't paid in full?
Comments
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Thank you so much both of you for your replies and time to advice.
The item was a starlight backdrop (wedding top table fairy light curtain) advertised at £500.00. She contacted me and asked to pay in installments, to have it paid up by end of Feb this year. She has paid £300 of it so far and is now asking for refund as says too unwell to continue working.
I have no idea how/where I stand on this, and its so difficult to judge as she's not paid for the item in full so therefore unable to send it to her, we are in a very grey area now.
Legally I understand she has no right to a refund, but morally its a tad more difficult to judge.
Thanks again all, your quick responses and words have made all the difference.
She has every right to a refund.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
errm, a contract HAS been concluded, a contract for goods doesnt necessarily conclude when the item has been delivered.
yes, it might be hard to prove OP has lost out to the tune of £200 but she has been hanging around for 7 months. Perhaps the other person will be glad to get £100 back and get off paying the other £200.
I dont think she has a RIGHT to a refund - why would she?0 -
Would this be an option perhaps....
Sell it for cheap on ebay, then take the difference in selling price (if lower) + ebay fees from the amount paid from what they have paid you.. that covers your losses, gets rid of the item, buyer gets a little bit back... problem solved maybe?0 -
errm, a contract HAS been concluded, a contract for goods doesnt necessarily conclude when the item has been delivered.
Under what circumstances and how does it relate to the subject of the thread?yes, it might be hard to prove OP has lost out to the tune of £200 but she has been hanging around for 7 months. Perhaps the other person will be glad to get £100 back and get off paying the other £200.
The OP is only entitled to be compensated for what she has lost. To take two hundred pounds from someone who can clearly not afford to lose it, is immoral as well as unlawful.I dont think she has a RIGHT to a refund - why would she?
You can think whatever you like, the OP's customer is entitled to it, less any reasonable and provable losses.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
As the item has not been delivered yet, the contract has not been concluded. All you would be entitled to do, is retain any provable and reasonable losses.
Thats not always the case though.
Its generally the case that online retailed terms state the contract is formed on delivery, but then websites like ebay the contract is on buy it now.0 -
Would this be an option perhaps....
Sell it for cheap on ebay, then take the difference in selling price (if lower) + ebay fees from the amount paid from what they have paid you.. that covers your losses, gets rid of the item, buyer gets a little bit back... problem solved maybe?
The seller has a duty to get the best possible price for the item. Selling it "cheap," to punish the customer who has cancelled, will not be looked upon favourably by trading standards or a court.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Thats not always the case though.
Its generally the case that online retailed terms state the contract is formed on delivery, but then websites like ebay the contract is on buy it now.
It doesn't matter what a website says its terms are, they cannot supersede the distance selling regulations.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
The seller has a duty to get the best possible price for the item. Selling it "cheap," to punish the customer who has cancelled, will not be looked upon favourably by trading standards or a court.
Put it on ebay and let it find it's own level price wise...maybe with a reserve initially?0 -
I'm with flyboy here. Unless something was agreed on (in writing which includes email), then the 'buyer' probably has a right to a refund minus losses.
Personally, I would contact them and offer a 50% refund and see what they say. The buyer seems very naive so come up with something mentioning deposits and restocking fees and they'll probably accept.One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0 -
It doesn't matter what a website says its terms are, they cannot supersede the distance selling regulations.
Not entirely sure the DSR applies in this case. You're probably right, but this could be viewed as a contract, and the cooling off period has passed.One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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