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Refund refused by online retailer as when faulty item was returned it was damaged
Comments
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What is confusing is this is on the DS Hub and is one of the scenarios:
(dshub.tradingstandards.gov.uk)
The confusing statement appears in the second to last paragraph.
"Return item in poor condition
A customer purchased a brand new toaster from us online. A few days after receiving the toaster, they sent it back to us for a full refund because it did not fit in its intended location on their kitchen counter. We just received the toaster back from them today and it looks like it has been through a war. There are a number dents and markings that definitely were not there when we sent it out, and all of them couldn't possibly have happened during shipping. There is no way that we will be able to resell it. Do we still have to give the customer a full refund? We lose money on this if we do.
Q: A customer purchased a brand new toaster from us online. A few days after receiving the toaster, they sent it back to us for a full refund because it did not fit in its intended location on their kitchen counter.
We just received the toaster back from them today and it looks like it has been through a war. There are a number dents and markings that definitely were not there when we sent it out, and all of them couldn't possibly have happened during shipping. There is no way that we will be able to resell it.
Do we still have to give the customer a full refund? We lose money on this if we do.
A: Under the Distance Selling Regulations (DSRs), customers are under a statutory duty throughout the period of cancellation, and following cancellation, to retain possession of the goods and take reasonable care of them until they are returned to the seller.
It doesn't sound like this customer has taken reasonable care. However, under the DSRs the right to a refund is not connected to the consumer’s duty to exercise reasonable care of the goods. The law requires you to refund all sums due in relation to the contract as soon as possible after your customer cancels (and no longer than 30 days beginning with the date of cancellation), even if the goods are not returned in a reasonable condition.
The DSRs give you the right to take action against customers for breach of the statutory duty to take reasonable care, so you can claim for your loss separately."0 -
That scenario doesn't have any impact on your case for a couple of reasons.
It is referring to goods returned using the right of cancellation granted by the Distance selling regulations and personalised goods were exempted from this right.
I stated "were exempted" because the DSR's are no longer in force. They have been superceded by the Consumer contracts regulations 2013.
Personalised goods are still exempt from the right of cancellation but even if they weren't, these reg's allow the retailer to make a deduction if goods were returned damaged following a request for a return.
Irrespective of the reason for you returning the item, you were still under an obligation to get it back to the retailer in the same condition that you received it in.0 -
As far as the seller is aware, you could have damaged the item. This is why you should claim from the company who damaged it - Royal Mail. The seller may have sent you faulty goods but they weren't damaged. If you want anything back, you'll have to claim from Royal Mail.0
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You may have to go via royal mail and I can understand your reluctance.
It could be the case that the seller is not being honest but that is only guesswork.
Who is the seller? because I for one would like to avoid suppliers that send out such shabby products, presuming the scratches and low quality engraving is not the fault of the delivery company as well.0 -
What is confusing is this is on the DS Hub and is one of the scenarios:
(dshub.tradingstandards.gov.uk)
The confusing statement appears in the second to last paragraph.
"Return item in poor condition
A customer purchased a brand new toaster from us online. A few days after receiving the toaster, they sent it back to us for a full refund because it did not fit in its intended location on their kitchen counter. We just received the toaster back from them today and it looks like it has been through a war. There are a number dents and markings that definitely were not there when we sent it out, and all of them couldn't possibly have happened during shipping. There is no way that we will be able to resell it. Do we still have to give the customer a full refund? We lose money on this if we do.
Q: A customer purchased a brand new toaster from us online. A few days after receiving the toaster, they sent it back to us for a full refund because it did not fit in its intended location on their kitchen counter.
We just received the toaster back from them today and it looks like it has been through a war. There are a number dents and markings that definitely were not there when we sent it out, and all of them couldn't possibly have happened during shipping. There is no way that we will be able to resell it.
Do we still have to give the customer a full refund? We lose money on this if we do.
A: Under the Distance Selling Regulations (DSRs), customers are under a statutory duty throughout the period of cancellation, and following cancellation, to retain possession of the goods and take reasonable care of them until they are returned to the seller.
It doesn't sound like this customer has taken reasonable care. However, under the DSRs the right to a refund is not connected to the consumer’s duty to exercise reasonable care of the goods. The law requires you to refund all sums due in relation to the contract as soon as possible after your customer cancels (and no longer than 30 days beginning with the date of cancellation), even if the goods are not returned in a reasonable condition.
The DSRs give you the right to take action against customers for breach of the statutory duty to take reasonable care, so you can claim for your loss separately."
Are you claiming under DSR? :huh:
Normally personalised goods (you said the item was engraved) are specifically excluded.0 -
Look at it from the flip side - why should they refund for an item that was damaged by a company you contracted to deliver it?
You employed Royal Mail, and if they've damaged the item you need to claim from them.0 -
Are you claiming under DSR? :huh:
Normally personalised goods (you said the item was engraved) are specifically excluded.
Except if they are faulty...
I'd be tempted to claim that the dent was already on it, and you'd described it as a scratch rather than a dent.
Sounds to me like they are taking the p*ss and trying to get out of paying for poor quality workmanship.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Eh? :huh:
4 people have thanked you too! :eek:
DSR did not specifically cover faulty goods - it essentially gave a cooling off period to cancel a contract for goods (by returning them for a refund) that a consumer bought from a business at a distance ... for any/no reason
(Some exclusions applied, such as personalised goods, as I mentioned)
Moreover, DSR no longer applies in UK law. It was replaced 13 June 2014 with new Consumer Contracts Regulations.0 -
Eh? :huh:
4 people have thanked you too! :eek:
DSR did not specifically cover faulty goods - it essentially gave a cooling off period to cancel a contract for goods (by returning them for a refund) that a consumer bought from a business at a distance ... for any/no reason
(Some exclusions applied, such as personalised goods, as I mentioned)
Moreover, DSR no longer applies in UK law. It was replaced 13 June 2014 with new Consumer Contracts Regulations.
People thanked pinkshoes because he/she was right.
As you say, DSRs are no more, but it was only the cancellation right that was excluded if the goods were personalised.
The right to return the goods because they were faulty was always allowed whether the item was personalised or not.0 -
People thanked pinkshoes because he/she was right.
As you say, DSRs are no more, but it was only the cancellation right that was excluded if the goods were personalised.
The right to return the goods because they were faulty was always allowed whether the item was personalised or not.
Under DSR? :huh:
As I said, I thought DSR only gave the right to cancel0
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