Refund refused by online retailer as when faulty item was returned it was damaged

Gtbjbbcmb

Please can someone help? I bought a personalised silver plated money box online and received it with several scratches on it and it was poorly engraved (one of the letters was cut off). I called the retailer and he agreed to a full refund.I repackaged it in the original packaging and sent it back the same day I received it.The online retailer called me and said that he could no longer refund me as he had received the item with further damage (it now had a dent). He is refusing the refund on the basis that he has not received the item back in the condition in which I received it.I would like to know what my rights are in this situation? Thank you in advance!

hollydays

Did you pay to return it?

Gtbjbbcmb

hollydays wrote: »

Did you pay to return it?

Yes I paid for the returning of the item...he said I must return it via recorded mail and once received he will give me a full refund.

hollydays

Which courier did you use?

Gtbjbbcmb

Royal Mail first class and signed for.

hollydays

Claim from Royal Mail .

marliepanda

hollydays wrote: »

Claim from Royal Mail .

Isnt that only £25 insurance (which could be well enough!)

*edit* Its £50 now

Gtbjbbcmb

Why should I have to? The item was sent to me faulty so according to everything that I have read in the Sales of Goods act and on money expert ----
All goods must be:
as described
of satisfactory quality and
fit for purpose
If they're not, the retailer is in breach of contract and you have a claim under the Sale of Goods Act

I returned it in the same packaging and added a extra layer of bubble wrap and now this becomes my problem to reclaim the money from Royal Mail? It doesn't make sense. The item was faulty in the first place.

It cost more that £25 and there is the postage too...who absorbs that cost?

hollydays

Gtbjbbcmb wrote: »

Why should I have to? The item was sent to me faulty so according to everything that I have read in the Sales of Goods act and on money expert ----
All goods must be:
as described
of satisfactory quality and
fit for purpose
If they're not, the retailer is in breach of contract and you have a claim under the Sale of Goods Act

I returned it in the same packaging and added a extra layer of bubble wrap and now this becomes my problem to reclaim the money from Royal Mail? It doesn't make sense. The item was faulty in the first place.

It cost more that £25 and there is the postage too...who absorbs that cost?

Your money, your choice which way you want to go.

4743hudsonj

Because you had a duty of care until the package was with the seller. Regardless of the original breach (the item being faulty) it would now be up to you to claim from RM for damages.

At least thats the technically correct way to look at it. The sensible way is for the retailer to refund you still as the item was personally engraved and probably couldn't be sold on anyways.

How much is the item worth. If its £50 or under i would ask the seller for photos and then make a claim from RM for its full value whilst chasing the seller for a partial refund or a discount towards a replacement. The result is you with extra cash or the item you wanted for less.

If it is worth substantially more then you might be out of luck, you should have taken out the extra insurance. Most Post Offices ask the item value so people cannot claim they were not made aware (plus its a profit for them)

Gtbjbbcmb

Thanks - so as it stands I am still in contract with the seller until the item is received by them? What you are saying is that the original breach doesn't void the contract.

The best course of action would have been to tell the seller they must arrange collection and then my contract with them would have ended once the item was handed over. Any damage that occurred in transit would be their problem.

The item was £40. It's really about the principle. This company has been rubbish right from the start and it leaves a bitter taste. They provide a faulty product but get away with not having to make a refund on a faulty product that they couldn't have resold because It was received damaged. Very convenient.

Thanks for you help on this.