Help please re item returned with no postage

too_much_debt

Hi. I sold some pyjamas on a BIN for £9.99 plus postage. The buyer e-mailed to say that the pyjamas were too big and they would prefer a refund as I did not have the same pjs in a smaller size.

I told them I would accept a return based on my Return Policy which is:

'Change of Mind: I am happy to accept returns on items that do not fit or you have changed your mind, please note that only cost of item will be refunded NOT original postage or postage to return. Please return items in same condition received'.

I have received a card through the door saying I have to pay £3.20 as there was not enough postage on a packet which I am assuming is the pyjamas as I am not expecting anything else, it would have been £2.20 to post 2nd class plus there is a £1 handling fee.

What should I do? Do I e-mail the buyer asking if they have returned the pyjamas and asking what service they used? If they say they returned them what do I do about having to pay to get them, I do state that I do not refund postage for Change of Mind.

Any advice please.

TIA

plumface

If that is the case,and it seems like it is with the figures you are quoting the the buyer has sent the items back without any tracking.
No tracking,no receipt of goods then no refund.....but
Can you be sure it is the returned pyjamas?

MentalMinnie

How cheeky! I'd just say nothing, wait for the buyer to contact you to chase the refund. THEN i'd query what method they used to return the parcel. Wait and see what they say.

If they said something like 'oh, i returned them second class, un-recorded' I'd turn around and say tough luck, it's obviously gone missing. They've chosen to be tight fisted, so hard luck.

OR, collect the package, pay the posage due, and deduct it from their refund!

hiccup123

email them and asked how much they paid for the postage. once they reply let then know that RM have the package because the correct postage wasn't paid. Also let them know that that means you haven't received the item and what would they like to do. hopefully they will say pick it up and deduct the cost from what you owe them. As Plumface above said they will need to provide tracking to prove item was delivered otherwise ebay/paypal will not refund them from your paypal.

andyd55

MentalMinnie wrote: »

collect the package, pay the posage due, and deduct it from their refund!

Agree with this way ahead

pinkshoes

Ebay will make you refund all of what they paid. By deducting the £3.20 from the refund, it is admitting you received them, so Ebay might refund the additional amount!

Irony

Do nothing, let cleverclogs do the worrying. Hopefully they left their address in parcel. Do they have to pay for returns?
http://www.royalmail.com/customer-service/personal-customers/missed-deliveries/what-happens-dont-pick-item

Crowqueen

As you sound like you are a business, your terms are unlawful. You must return all the buyer's original payment, regardless of reason for return. In this circumstance, since your terms are unlawful, the buyer is also entitled to their return costs.

I must admit if that was the terms you quoted to me, I might be minded to do something like this, though I would probably not buy in the first place. The buyer cannot rightfully be left out of pocket - I know it's not really fair, but it's what people who obey the law have to do - there is no room for manoeuvre on this.

Please check the Distance Selling Regulations and make sure you write yourself a decent set of terms as at the moment your buyer has many more rights than you ideally want them to have.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/

EDIT: OFT website is out of order at the moment, under maintenance, I'll check and update that link later on if it has changed.

Meanwhile OP must google Distance Selling Regulations or Distance Selling Rights at the earliest opportunity and sort their terms out.

too_much_debt

Crowqueen wrote: »

As you sound like you are a business, your terms are unlawful. You must return all the buyer's original payment, regardless of reason for return. In this circumstance, since your terms are unlawful, the buyer is also entitled to their return costs.

I must admit if that was the terms you quoted to me, I might be minded to do something like this, though I would probably not buy in the first place. The buyer cannot rightfully be left out of pocket - I know it's not really fair, but it's what people who obey the law have to do - there is no room for manoeuvre on this.

Please check the Distance Selling Regulations and make sure you write yourself a decent set of terms as at the moment your buyer has many more rights than you ideally want them to have.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/

EDIT: OFT website is out of order at the moment, under maintenance, I'll check and update that link later on if it has changed.

Meanwhile OP must google Distance Selling Regulations or Distance Selling Rights at the earliest opportunity and sort their terms out.

I've done a search and got this:

Distance selling and online trading


Customers rights to return goods and cancel services


When selling to consumers online or using distance-selling methods customers have the right to change their minds and either return the goods or cancel the services. This period of time is known as the cooling-off period during which they have an unconditional right to cancel.

In the case of services, the cooling-off period normally ends seven working days after the day the order was made - or after written confirmation is received.

In the case of goods, the cooling-off period normally ends seven working days after the day the goods are received.

Consumers must inform you in writing - by letter, fax or email - of their decision to cancel.

Consumers' money should be reimbursed as soon as possible - within a maximum period of 30 days.

Your contract should also specify who pays the postage fees to return unwanted goods.


I have specified that the buyer should pay for return postage in my Returns policy.

This is my full returns policy on my listings:

Returns are accepted within 14 days of receipt (please notify me by e-mail that you wish to return item within 48 hours of receipt).

Change of Mind: I am happy to accept returns on items that don't fit or you have changed your mind, buyer is to pay for return postage costs. Please return items in same condition received.

Faulty Item or Not as Described: I will refund original cost of item plus postage. I also refund postage to return but only 1st or 2nd class (not the extra for Recorded).

ianders

From OFT guidelines:

Refunds

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.

Returning goods

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. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.

If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
([STRIKE]site is down for maintenance at the minute[/STRIKE] EDIT - It's back up now)

too_much_debt

"Returning goods

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. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge."

So I read this that as I have stated in my Returns Policy that returns are down to the buyer and they have returned at my expense (as I will have to pay to collect the item), then I can charge them ie deduct the amount from the refund. So £9.99 + £2.40 - £3.20 = £9.19 refund.