Incorrect order sent

Sponz123

Hi,

I am writing this as a small online business and would like some advice on my rights as a trader.

I sent a customer an incorrect order. It was the wrong colour. They informed me. I asked them to send it back (I supplied a shipping label to cover postage) and asked for it to be sent back as they received it.

When I received it, the customer had not even packed the product. They had stuck the shipping label with tape to the outer product packaging therefore causing damage to the packaging (it was limited edition packaging too). It was all damaged in the corners due to it not being packed. The good had clearly been opened and used.

I send my products out in brown cardboard boxes and would expect at least a piece of packing paper round it so I was shocked when it turned up as it did as I can not resell this. I couldn't even use it as a sample.

Please can somebody advise me of my rights as a trader on situations like this as I can't find anything? I know I sent the wrong thing out in the first place but I wouldn't, personally, even open and use something if they incorrect goods had been sent to me. The customer is now demanding I send the product out with the colour he wants.

Many thanks.

mattyprice4004

What was the item and approximate value?

Hintza

You can stand your ground and try and fight it, they will of course threaten legal action via small claims. Do you need the hassle?

I think you might have a chance of winning as from what you say they have failed to look after the item.

Do you need the hassle?

You can charge them for your return P+P.

bris

Tell them that by using it they accepted it wrong item or not and you are not refunding them. Tell them to send a stamped addressed packet to get it back as they have used it and failed to take reasonable care of it. If they try and take you to the small claims court then you can counter that for the clause "failing to take reasonable care of the item", so yes traders do have rights to.

Sponz123

Item was audio speakers. First few to be released had limited edition packaging. Cost £160.