Item sent to incorrect address

halibut2209

Why are you being "forced to give a refund"?

unholyangel

Lynzog wrote: »

I know. It is so difficult. I can see what is reasonable and what isn't, but we are now being forced to give the customer a full refund! I cannot believe this as we have spent time making an item, and now they are asking for a refund or reporting us to citizens advice!! I am baffled!

Who's forcing you to give a refund?

Anyone can report anyone to citizens advice - it does not mean that the complaint has merit.

Lynzog

unholyangel wrote: »

Who's forcing you to give a refund?

Anyone can report anyone to citizens advice - it does not mean that the complaint has merit.

The reseller that we sell through. They have said we have to refund them. This is why I was trying to find something legal & written down that if the customer is unable to use the internet and puts the incorrect address, then we cannot be held responsible. Apparently as it is not written down, it doesn't exist. Even if it is what a reasonable person would expect.

RE: CA I know, and I know she won't get anywhere but it has freaked out the website we sell through which is why we now have to refund!!

shaun_from_Africa

Lynzog wrote: »

This is why I was trying to find something legal & written down that if the customer is unable to use the internet and puts the incorrect address, then we cannot be held responsible.

This might well cover it.

http://www.legislation.gov.uk/ukpga/1979/54

20.
(1) Unless otherwise agreed, the goods remain at the seller’s risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not.

(2) But where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party at fault as regards any loss which might not have occurred but for such fault.

Norman_Castle

Have you tried contacting the address the item was sent too. Is it valuable?.

tomwakefield

What will the reseller do if you refuse to refund?

gik

Royal Mail deliver to addresses not people.

ManAtHome

Maybe the reseller covering their own bums as they haven't checked the debit/credit card address?

Valli

Lynzog wrote: »

I know. It is so difficult. I can see what is reasonable and what isn't, but we are now being forced to give the customer a full refund! I cannot believe this as we have spent time making an item, and now they are asking for a refund or reporting us to citizens advice!! I am baffled!

Retain all your paperwork for this order.

If you are harrassed again reiterate that you posted the ordered item to the address given and you have, therefore, fulfilled the contract into which both parties (you and the customer) entered.

Tell them you will not be refunding and that you now consider this matter closed.

If they take you to small claims over this and you have the evidence that the order was fulfilled they will lose.

Lynzog

Quick update: We have had to refund them on that day. Not pleased about it.

tomwakefield wrote:

What will the reseller do if you refuse to refund?

Put it this way, if we didn't refund the customer, the website we sell through would do it for us as any payment we get from orders is delayed by 1 week.

shaun_from_Africa wrote: »

This might well cover it.

http://www.legislation.gov.uk/ukpga/1979/54

Thanks Shaun! Unfortunatley according to the reseller, if it isn't in the Distance selling act it doesnt exist. Personally I thought if a customer or seller had rights in the Sales of Goods Act they are not "removed" unless specifically detailed, but apparently I'm wrong...

ManAtHome wrote:

Maybe the reseller covering their own bums as they haven't checked the debit/credit card address?

More like they do not like bad press. Apparently the customer was going mad on Twitter at them as we would not send another personalised item for free to her new address. Personally, I am from the school of if it's your fault - deal with it. They are from the school of "if they shout the loudest we will deal with it"