Sellers rights, customer wants to return item.

Loafman

Hi again guys. Thanks for the further replies.

It would seem that after talking to CAB, it will be classed as a distance sale, despite me demonstrating it and the customer trying it prior to purchase. The reason for this is that I am a sole trader, i.e. trading as a business but I don't have a shop or premises that the customer can visit to view the goods.

I could apparently claim that PC's are bespoke goods, due to the hardware and software being set up for that particular customers requirements, but I would have had to have given a hard copy notice of that prior to, or at the point of sale, which I didn't.

Basically, all I can do is ask the customer if they would be prepared to help cover my costs, although they would be under no obligation to do so.

Apparently, having my terms and conditions and my returns policy on my website and available on request is not enough, so I will in future have to provide hard copies at the point of sale (for everything I sell).

I guess I should be grateful that having been trading for 12 and a 1/2 years, I not had this issue before.

So, at least I now know that PC's can be considered bespoke if they have been set up to a particular customers requirements, therefore they are not returnable under distance selling regulations so long as it is stated that it is a bespoke item, in hard copy, prior to or at the point of sale. I would of course still accept returns, but would make a reasonable charge to cover my losses.

Trading standards are going to contact me over the next week or so to supply me with some advice for the future, so as this sort of thing can't happen again.

Thanks for the input everyone, it is very much appreciated!

RFW

It's worth noting that if you sell business to business that any consumer rights are void.

forgotmyname

You possibly could have upsold them a keyboard with a touchpad?

Before you give them their money back check the internals are exactly what you fitted. Nothing has been removed. Lost some memory or a video card substituted.

Loafman

Hi, yeah, the lady from the CAB pointed out that business to business voids consumer rights, although I know that I can't return the parts I bought to complete the customers order (monitor, microphone/webcam and various cables) for a full refund because of that. So I'm stuck with the parts and just have to hope I can sell them at a later date. Although no one ever needs microphones/webcams any more (luckily it was only £8).

When he phoned me, the first thing I suggested was a USB touchpad, but he had apparently already ordered a new laptop and was quite adamant that he just wanted me to take it away and issue a refund. I will check the components quickly when I collect it, but I don't think he has a clue how they work, so very much doubt he'd have tampered with anything like that.

Cheers again guys.