Customer Has Returned Damaged Goods

paulwilko10

I'm sorry if this is the wrong place, but I need some advice before I send an email.

I sold a brand new printer to a customer worth appx £450.

2 days later she said it was faulty, so we wen't and collected it using UPS.

We today received it back in a box with absolutely no safety packaging and any of the CDs, Manuals etc.

Before it was even opened we feared the worst because there was a rattle in the box. Upon opening it, there is damage to the printer and is not repairable nor resellable.

Customer obviously wants a working printer or a refund.

We have taken pictures, but where do I stand legally.

I want to say to her that I am sending it back and can not do anything about it, but how do I prove the courier did not open the box and take all the stuff out.
We all know that would not happen, but I suppose that could be the customers argument.

Any ideas please

Kind regards

Paul

naedanger

paulwilko10 wrote: »

I'm sorry if this is the wrong place, but I need some advice before I send an email.

I sold a brand new printer to a customer worth appx £450.

2 days later she said it was faulty, so we wen't and collected it using UPS.

We today received it back in a box with absolutely no safety packaging and any of the CDs, Manuals etc.

Before it was even opened we feared the worst because there was a rattle in the box. Upon opening it, there is damage to the printer and is not repairable nor resellable.

Customer obviously wants a working printer or a refund.

We have taken pictures, but where do I stand legally.

I want to say to her that I am sending it back and can not do anything about it, but how do I prove the courier did not open the box and take all the stuff out.
We all know that would not happen, but I suppose that could be the customers argument.

Any ideas please

Kind regards

Paul

You need to prove your case on the balance of probability (should the matter get to court), which is not a high burden. In other words you only need to prove what you believe is the situation is more likely than what the customer believes.

I don't think anyone would believe a courier removed the packaging and then resealed everything. I would be more concerned the customer just lies and says they did pack it carefully. I don't suppose the packaged was weighed (reasonably accurately) by the courier? Try and think of everything that might support your case. If you have pictures showing how the item arrived that might help, especially if it shows the actual labels before you opened the package.

unholyangel

More info needed.

How did she purchase it (in store or online?) and when? Is the box showing any signs of damage? By no protective packaging I presume you mean like the foam pads you get or bags filled with air to stop the printer moving around in transport? So that even if it wasnt sent back damaged, it wasnt adequately packaged which resulted in the damage (ie the damage wouldnt have occurred had they taken reasonable care - if its been crushed for example, the lack of protection wouldnt change that but the box would reflect that level of abuse).

Is it possible to check whether the printer is displaying the fault she claimed, or does the damage prevent it/did she not specify how it was faulty?

paulwilko10

Thanks all

I dont think for one minute it was damaged when it left her building. It is the fact there was no protective packaging.
A 20KG printer in a box with no packaging was always going to get damaged in some way

My supplier (Where it was returned to) says to replicate the error would be almost impossible because the damage prevents the paper tray and and covers from shutting correctly an dthe printer brings up errors saying Doors open, or similar.

I have pictures aswell.

The Box itself is fairly unscathed but not perfect.

naedanger

paulwilko10 wrote: »

Thanks all

I dont think for one minute it was damaged when it left her building. It is the fact there was no protective packaging.
A 20KG printer in a box with no packaging was always going to get damaged in some way

My supplier (Where it was returned to) says to replicate the error would be almost impossible because the damage prevents the paper tray and and covers from shutting correctly an dthe printer brings up errors saying Doors open, or similar.

I have pictures aswell.

The Box itself is fairly unscathed but not perfect.

You could ask her how she packaged the printer and hope she states that she did not use the protective packaging and did not tell the courier the item was now very fragile.

daytona0

but how do I prove the courier did not open the box and take all the stuff out.

What has the customer said to you? The first step I imagine would be to (fairly subtly) ask the customer (maybe even again if you have already asked):

1. What parts they have or have not sent back.

2. To confirm what sort of fault they have reported.

3. What condition the item arrived to them.

Get that information in a durable form (mail or email).

I think the best way is to get confirmation from customer that item was only FAULTY upon arrival, and not damaged. This would mean that customer's negligence has caused damage. You can then obtain a fault report as your evidence, and if it states that the damage is consistent with causing such a fault, you are pretty much out of the woods!

Tothepoint.

daytona0 wrote: »

What has the customer said to you? The first step I imagine would be to (fairly subtly) ask the customer (maybe even again if you have already asked):

1. What parts they have or have not sent back.

2. To confirm what sort of fault they have reported.

3. What condition the item arrived to them.

Get that information in a durable form (mail or email).

I think the best way is to get confirmation from customer that item was only FAULTY upon arrival, and not damaged. This would mean that customer's negligence has caused damage. You can then obtain a fault report as your evidence, and if it states that the damage is consistent with causing such a fault, you are pretty much out of the woods!

So you are basically saying call the buyer a liar?

macman

What do your T and C's say about the procedure for returns? I would expect them to say that the item must be returned with all the components included and securely packed. The complication here is that you provided the return courier service, and the buyer appeared to think that the courier would repack it?

daytona0

Tothepoint. wrote: »

So you are basically saying call the buyer a liar?

No, I'm saying that the OP should gather facts and get a fault report. If the fault report states that the fault developed due to customer negligence (determined by asking subtle questions) then seller has a very strong case which would allow said item to be sent back.

Why did you jump to the conclusion that I was calling ANYONE a liar? I mean in fairness but you'd be a naive fool to think that people don't lie (especially consumers), but that's not the point I was making here....?

(unless, of course, the return courier contract is between OP and courier company - that muddles everything!)

Tothepoint.

daytona0 wrote: »

No, I'm saying that the OP should gather facts and get a fault report. If the fault report states that the fault developed due to customer negligence (determined by asking subtle questions) then seller has a very strong case which would allow said item to be sent back.

Why did you jump to the conclusion that I was calling ANYONE a liar? I mean in fairness but you'd be a naive fool to think that people don't lie (especially consumers), but that's not the point I was making here....?

Think about it, if the report say the fault was caused due to how it was packed on the return then why did the buyer return it? Because what you are saying is it wasn't there until the courier took possession of it.

daytona0

Tothepoint. wrote: »

Think about it, if the report say the fault was caused due to how it was packed on the return then why did the buyer return it? Because what you are saying is it wasn't there until the courier took possession of it.

Think about it, you haven't really offered OP any advice as of yet