Refund Rights - Retailer Perspective

Retailer1

I like to think I understand retail law a little as I studied it at university however there are still some grey areas I'd like some input on.

I had a customer who purchased an electrical item 2 months ago. Came in and explained it was playing up, so we sent it off for a repair. He then rang to say he wanted a full refund instead.

Now it's outside our returns policy and if the items faulty he's entitled to a refund/repair or exchange. Despite my own feelings he's likely to get the refund but he's not entitled to it once it's repaired, is that correct?

Also, given the nature of the issue I fully expect the item to come with a note saying there is no fault as to be honest I think he's purchased something and has realised it's not as good as he was hoping. Still fit for purpose mind you.

He started quoting bits off the internet about rights and such but if we've found no fault, could we (although it won't happen) say I'm sorry, it's working perfectly fine, there's nothing more I can do.

I'll go out of my way to help him but I don't want him thinking he's got me over a Barrel about it, it's a principle thing.

houseimprover

you have the choice of the cheapest option and you chose repair so if it comes back with no fault you could send it back to him, keep the information, refuse his request and then defend in court if needs be. once it's past 6 months he has to prove it has an inherent fault

He is way past the time for a refund.

unholyangel

Once acceptance has occurred then they can request a refund but you can refuse if its disproportionately costly in comparison to other remedies.

Acceptance occurs in several ways. Usually when a reasonable time has expired without the customer indicating they rejected it. Whats reasonable is a question of fact (can only be decided by a court) but to give you an idea, summer goods bought in winter, then a reasonable time may be extended until summer.

Within the first 6 months of purchase it is for the retailer to prove the fault isn't inherent. After 6 months, its for the consumer to prove it was.

What fault is the item supposed to have ?

Retailer1

It's not producing the results he expected. His expectations were too high I imagine as it's what anyone else would expect.

Like buying a coffee machine and returning it two months later because it doesn't taste like it was brewed in Colombia. (Can you tell I'm keeping it vague so as to remain as anonymous as possible)

It will most likely be returned un-repaired as there is no fault but I've already laid ground work with the powers that be to accept a refund, although I wish I didn't have to but ultimately good customer service and avoiding bad word of mouth is the real law. Although I will make damn sure he knows I'm doing it to be nice and legally I've done all I have to.

And that will keep me sane

halibut2209

If it comes back "no fault" then just give it back to him, and stick to your guns. In retail you will get people trying it on, and this seems like one of those. But keep all the correspondence from whom you sent it off to for a repair. That is your fallback should it go further (which I doubt)

What you will lose is this person's custom, but seeing as he's spouting off nonsense at you, do you really want that again?

bris

If it's not faulty you can even charge him for any costs you incurred sending it back for repair before giving him it back, if any.

Fosterdog

bris wrote: »

If it's not faulty you can even charge him for any costs you incurred sending it back for repair before giving him it back, if any.

Only if he was made aware that there would be a charge before it was sent away so he could make an informed decision of whether to send it away or not.

OP I see this scenario all the time with computers, someone buys the most basic £250-£280 laptop, insists it's all they need and anything else offered as a step up is treated as needless upselling to make more money. A few months later they come back demanding a refund because the laptop won't play the latest games or struggles with ten browser tabs open at the same time.

The time to research the product is before buying. As long as the item does what it should and not just what the customer wanted then you don't have to refund him. Giving in to him and refunding him will just make him more certain that he is right and he will try it on again either with you or another retailer.

Esqui

Fosterdog wrote: »

The time to research the product is before buying. As long as the item does what it should and not just what the customer wanted then you don't have to refund him. Giving in to him and refunding him will just make him more certain that he is right and he will try it on again either with you or another retailer.

Pretty much this. Although, one should note that if you had told him the machine would do X (regardless of whether it is designed to do so or not), that would form part of the contract and if it does not do X, it would fall under the "not as described" part of SoGA.


That said, it doesn't sound like you have done that