Website sales question

Caroline_a

Asking this for a mate of mine:

They have a website, part of which is online sales. They sold an item before Christmas, packaged up, sent off, it probably got there around 19th December. They have received an email today saying that the customer wants to return it because they have found it cheaper locally.

What should they do? They don't want to get a lot of bad-mouthing, but on the other hand I'm sure most of us could return stuff for this reason!

Owain_Moneysaver

what does the website and the order confirmation email say in respect of returns under the Distance Selling Regulations?

If they did not supply the customer with a statement of contractual rights then the customer has three months and seven days from the day after the day the consumer receives the goods to cancel the contract.

The retailer must refund the full amount including the delivery costs as soon as possible after the consumer cancels, and in any case within 30 days at the latest. You cannot insist on the goods being received by you before you make a refund.

Only if it is covered in the contract and the written information can you require the consumer to pay for the cost of returning the ordered goods.

Info

Owain_Moneysaver

limelites wrote: »

Generally, if the website's T&C's state clearly that they're selling under the Distance Selling Regulations then the customer only have seven days to cancel the contract.

Not so.

The pre-contractual information on a website (including the customer's cancellation rights) must be confirmed in writing/email/fax to the consumer. This is because information on a website might be altered after the consumer reads it. A simple reference to the DSRs is not sufficient detail of the cancellation arrangements, because it does not inform the customer of their cancellation rights nor detail how the retailer's cancellation procedure operates.

The 7 days cancellation only applies provided you give the consumer the required written information no later than the time the goods are delivered.

Otherwise the consumer has seven working days from the day after the day on which the consumer received the written information and within three months of the goods being delivered, when the written information is not provided at the time of delivery.

Caroline_a

Thanks for that. Makes you wonder why anyone would want to sell online though!!

suki1001

Caroline_a wrote: »

Thanks for that. Makes you wonder why anyone would want to sell online though!!

I think it makes small businesses very vunerable. Athough sometimes other small businesses do themseves and others no favours by being so competative with price, that theirs little point in even bothering. You could offer them a refund, but before you do, you could offer to price match (if they have a link to the website) if it is worth it for your friend.

However, it is a possiblity it is just a "reason" to give it back. Statistically I cannot get over how many people either "got two of the same thing for a birthday.", or it may be that they're angling for a price reduction. Sometimes people change their minds for whatever reason, live and earn and as others have said your friend could protect themselves a bit more with the t & c's.

terra_ferma

Caroline_a wrote: »

Thanks for that. Makes you wonder why anyone would want to sell online though!!

It's no big deal, same as brick and mortar shop. Within their business model, and pricing, they always include a certain amount for 'shrinkage' (damage, theft and loss), and returns.
Only a business that does not price items taking into account all this would be at risk. Shops with a generous returns policy, like JL are not charities, they do that because it increases their sales. In the same way without DSR fewer people would buy online, and personally I'm glad this law exists.

Caroline_a

Except for it's not the same as a bricks and mortar shop. The customer has emailed my friend to say that they want to return it as 'we can find it cheaper locally'. I don't think you could return anything to a 'normal' shop citing that reason! The item is still unopened so I understand.. However that means that my friend will have to refund the customer even if the customer doesnt sent the item back!

suki1001

Caroline_a wrote: »

However that means that my friend will have to refund the customer even if the customer doesnt sent the item back!

I think they still have to send the item back. Although, I've had a look at the legalities on the mse refunds guide. It mentions nothing about returning the goods. I think they should add more information on this. There are a lot of people on here who run small businesses. There is the potential for a lot of people to gain things for free. We used to sell ebooks, but you coudn't refund refund them. However there were plenty of people who pirated it and released it online, even though we tried every security measure going to protect it. Piracy affects the small guy too.

MSE - is the answer to this posted somewhere?

terra_ferma

Caroline_a wrote: »

Except for it's not the same as a bricks and mortar shop. The customer has emailed my friend to say that they want to return it as 'we can find it cheaper locally'. I don't think you could return anything to a 'normal' shop citing that reason! The item is still unopened so I understand.. However that means that my friend will have to refund the customer even if the customer doesnt sent the item back!

Many shops would allow you to return items, and also many would price match their competitors.
The spirit of DSR is to allow customers to inspect goods in the same way as you would do in a b&m shop, where you can see it before you buy.
The bit about refunding items before they are returned I don't agree with, but without DSR some online businesses would probably not even exist because fewer people would be buying online...

heathcote123

Caroline_a wrote: »

Asking this for a mate of mine:

They have a website, part of which is online sales. They sold an item before Christmas, packaged up, sent off, it probably got there around 19th December. They have received an email today saying that the customer wants to return it because they have found it cheaper locally.

What should they do? They don't want to get a lot of bad-mouthing, but on the other hand I'm sure most of us could return stuff for this reason!

Tell them to bog off (in the nicest possible way). It's pretty normal to find stuff after christmas cheaper than it was before christmas, and unless you were operating a price matching guarantee, common sense says your mate owes them nothing.

They saw it, thought the price was alright, bought it, and recieved it.

End of story.

Tiptopcat

I would just refund them and move on. Not worth the hassle of further contact.

Tiptopcat