How long can an online shop take to make a refund for faulty goods

chinsup

Hi

I bought my son a £40 jumper on-line last month. Within 3 days the cuff was coming apart at the seam and I contacted them about an exchange. I returned it on the 17 Jan 1st class recorded delivery though they only accepted that they actually recieved it a week ago. Long story short and the latest email I got is telling me they are going to send it to the manufacturer to access it and will take another 6 weeks! :mad: It's a jumper coming apart at the seam I can't understand the delay and have never experienced anything like it in terms of customer service. Can they make me wait like this?? I'm now after a refund since I've had to buy another jumper elsewhere. Any help would be gratefully received.

neilmcl

The law states any remedy must be carried out within a reasonable period and without causing a significant inconvenience.

somethingcorporate

I am not convinced that being without a jumper for 6 weeks could be argued to be significant inconvenience.

chinsup

Thank you for the replies.

Yes in the scheme of things its not that significant but really annoying!

They claimed they had never received it when actually RM proved they delivered it just over a month ago. So including that time I could be without refund/ product for up to 10 weeks.

Maybe I'm just spoiled by my normal retailers.

jogu

See http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/ - in particular the "Your customers’ rights on refunds and returning goods" section says:
Refunding a cancelled order

You should refund a customer’s money as soon as possible after they cancel an order, and in any case, within 30 days at the latest.
The right to a refund is not connected either to the return of the product nor the customer’s duty to exercise reasonable care of the goods. Even if the customer fails to take reasonable care of the goods, you must make a full refund. You can bring a claim for damages separately.
You must refund the customer’s money even if you have not yet collected the goods or had them returned to you by the customer.
You cannot insist on receiving the goods before you make a refund.

(admittedly I'm not 100% sure that section applies in this case as this isn't a distance selling cancellation)

chinsup

Thanks Jogu

Interesting site especially the part you quoted though as you say perhaps not for faulty goods. That level of service though is what I've experienced before and what I've come to expect.

Fire_Fox

If you returned the item within a few days you have rejected it under the Sale of Goods Act and you should be able to get a refund promptly. However how and when you returned the item is highly relevant -when does the Royal Mail tracking show that the item was signed for/ received?

If the item got lost in the system for a couple of weeks the company may decide you did not return it when you claim. In that case they may consider you are outside the window for rejecting the item so they get to choose if they repair, replace or refund. If the item was worn you are not returning it under the Distance Selling Regs (changed your mind) but under the Sale of Goods Act (faulty/ not fit for purpose).

IMO write to the company, supply evidence (photocopy of Post Office receipt and Royal Mail signed for screenshot) that you returned the item within a few days, and state clearly that you have rejected the item under the Sale of Goods Act (quote it) and require a full refund. Buying another item elsewhere is irrelevant, that has no bearing on your statutory rights.

chinsup

Thanks Fire Fox.

My son wore the jumper, found that it was faulty and 3 days after its arrival I contacted the company to arrange a return. They gave me a pre paid returns slip that was 1st class tracked. Royal Mail tracking on line wouldn't register the tracking number so at first I believed the company when they said that the package was lost however when I contacted RM to get them to start trying to trace it they said it had been delivered the day after posting. The company eventually acknowledged that they had the parcel though not when it arrived.

Do you know where I stand with the refund of P&P charges? I noted the previous quote re cancelled orders said P&P should be refunded even if the goods had been received.