What are my rights if an online seller refuses a refud over damaged packaging?

Millyfull202

Problem has been fixed

dj1471

They can't refuse a refund because of damaged packaging, but they can reduce the amount of refund to reflect any reduction in value caused by your handling of the items.

You obviously can't prove that you didn't do something, so stand your ground.

How did you pay and who paid for the return shipping?

Millyfull202

Their argument is that their returns policy 'clearly states' that the packaging should be in 'perfect (factory) condition.' in order to be refunded and as such they wont refund me because I cannot prove I did not damage the packaging myself (They also can't prove they did not damage it either.). I did mention about consumer rights but I again have no proof of these consumer rights either.

I paid via debit card and I also paid the return shipping cost myself.

dj1471

Their returns policy is unlawful, refer them to the Consumer Rights Act 2015.

Since you paid for the return shipping you would be liable for any damage that occurred in transit.

If you didn't cause the damage they describe and it couldn't have been caused during shipping then contact your bank for a chargeback.

MSE chargeback guide

Millyfull202

I have no way of knowing if said damage was done in transit, so it would be speculation. The box had packing peanuts in it, so I'd like to think they would keep it from getting too battered, but I can only speculate. I know I did not cause this damage, because I was careful with the items and I didn't even take the second item out of the packing box. I know that there was definitely zero damage on the item I did take out, because I took care in opening it to inspect the item.

I'm assuming I should refer them to section 45 (The right for a refund) of the Consumer Rights Act? I did wonder if their returns policy wasn't quite correct, but they're being pretty insistent about it. I've found something called the Consumer Contracts Regulations as well, which states a seller should give a refund within 14 days if a buyer changes their mind. Since they take so long to reply to their emails, it's already been ten days since I contacted them about a refund and will of hit the 14 mark by the 12th of September.

Edit: I've also checked the .gov website which says:

Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as 'distance selling’.
You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.
You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason.


I've put all this into an email to send them and am going to point out that they ignored my request to cancel my order, sent the products anyway and demanded a reason for returning the products. I would of thought asking for and I quote 'Perfect (factory) condition goods' for distance selling would be incorrect, because unless you open the item to check it, how would you know if the item was satisfactory?

dj1471

You only need to return the item within 14 days after having cancelled which you have done.

You're correct, I should have referred to the CCRs. This is the relevant section:
http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

You are entitled to a refund but they are entitled to reduce the amount if the value of the goods has been reduced. They cannot refuse a refund entirely.

If the items were damaged in transit you should claim from Royal Mail / the courier as appropriate.

Millyfull202

Thank you, Dj1471, I really appreciate your help! I'm going to give them another email and advise them of all this and see if I can't sort it out.

bris

dj1471 wrote: »

They cannot refuse a refund entirely.

Well they can actually, because that deduction can be up to 100% of the purchase price.


But playing devils advocate here you do state that you packaged it up perfectly and then sent them back which does of course mean that they were damaged in return transit. Ask them for a report and claim from your couriers.

KeithP

OP, why did you delete your original post?

Surely you understand that the answers to your questions might benefit others?

Do you feel able to post how your problem has been resolved?

That too might help others with a similar issue.

Anyway, for those that missed it, here is the original post again...

Millyfull202 wrote: »

Hello,

I apologise if this is not the right place for this. I was suggested this forum from a friend so I'm still new.

I recently bought some items online from a UK based company. Upon buying them, I was informed by they were no longer needed. I contacted the company to cancel the order and also informed them of this via their Facebook. (The Facebook reply told me to email them to cancel. I told them I had done so.)

My cancellation email request was ignored and they sent the products anyway.

When the items arrived I opened the brown packing box and took out one of the products I had bought. One of the boxes inside was rattling, so I opened up it's cardboard box to check it wasn't broken. It wasn't, so I put it back, put it into the brown box and taped it back up. I then emailed the company and requested to return the item.

The response I got was them telling me I'd received the product and did I want to return the items for a refund and to tell them 'Why don't you want our products?"

I replied and told them why, and they agreed I could return the item. I sent it back in the same box it came in, with all the order documents, a written declaration asking for a refund and all the little samples they sent, as per their returns policy.

They have contacted me today and sent photos of the outer packaging of the two items I bought and told me that they are damaged and as such, they will not give me a refund unless I prove I did not damage the items and that I received them in this damaged condition. They told me this was in line with their refund policy which states:

“If the products have been delivered to him, the customer must return them to FREZYDERM, in the exact condition that they were, when he received them. Furthermore, the packaging of the products must be in perfect condition (factory).”

The boxes looked like this:

h.t.t.p.s://flippity393.imgur.com/all/

(I had to add full stops as I am not allowed to post links as a new member.)

I did not damage these boxes like that. One of the boxes, which is the third photo I did not even remove from the brown box and packing peanuts! The first photo, yes I admit I did remove it from the brown box, and I did indeed open the product box to ensure nothing was broken, but I certainly did not damage the lid like the photo shows as I was careful about opening it. And I did not damage the bottom of the box.

The only thing I can think of is that the box has been dropped or rattled during transit, however I have no proof of this.

The company are refusing to refund me unless I can 'prove' I did not do this damage, because of their returns policy. (Which begs the question of how does one check their products are suitable in the first place, if by opening them, it renders them non-returnable?)

I most certainly did not damage the boxes like that, but unless I can prove it, they wont refund me.

Do I have any rights here at all? Or have they caught me out on their returns policy?
Last edited by Millyfull202; Today at 9:02 PM.