Damaged returns online shopping

ampfire

I own a small business and we have been selling online for about a year now, we adhere to all consumer rules so recently when a customer who ordered 6 Fire Extinguishers from us and emailed with a query and ultimately wasn't satisfied with their purchase we were happy to accept the return... The issue was that once returned our inspection revealed one of the units was missing parts and been discharged, we contacted the customer as they made no mention of any damage or that one of the Extinguishers was empty.
The reason for the return was they thought the items came different as described.

We can not make a claim against our couriers as the damage doesn't seem to have happened when they were delivered and it wasn't reported or noticed so we therefore can only be sure that the items were definitely damaged when they were returned so
we have offered the customer a partial refund minus the cost of the damaged unit and suggested that they make a claim against their courier.

The customer is not happy with this but as far as i can work the consumer rights in this situation say that items should be returned in the same packaging and same condition as they were sent.

Am I acting correctly here what are peoples thoughts?

forgotmyname

Welcome to the world or mail order. If you sell online you need to budget losses like this into your figures.

Possible they did actually receive the goods in that condition. They could just reclaim their FULL payment back using whatever scheme they have for that payment method a chargeback etc..

Then you will have an issue with whoever you use to take those payments.

Customer will have proof they returned the goods but you didnt refund the FULL costs, so they claim the rest.

It may suck but you maybe better off refunding them and making sure they cannot buy from you in future.

unholyangel

Are you sure they're a consumer? I would suspect your average person would have zero fire extinguishers - maybe 1-2 at a push. 6 to me strikes business use - either for an actual business or for a public event for health & safety requirements.

When you say you comply with consumer laws, do you mean that you informed the consumer in a durable medium (websites aren't durable, email is where the information is contained in the email itself but links to websites sent by email are not) that the conditions, time limit and procedure for exercising those rights - including that any handling that went beyond what was necessary to establish the characteristics of the goods that diminished the value would lead to a deduction (up to the whole contract price) being made? Also, I don't imagine that fire extinguishers can be sent by normal post, so did you also advise them that they would be liable for return costs and how much it would cost them to return?

You don't mention the consumer alleging they arrived damaged so it would appear they know it happened after delivery (whether by them or their courier).

ampfire

Yes we're almost entirely a B2B Business... All our customers tend to be businesses looking to meet their UK Fire Regulations legal requirements etc.
The customer in this case hasn't given much of a reason but my experience from what they have said is I think they were attempting to try and do something they were not qualified or experienced to do and therefore purchased the goods in error. At no point did they complain about the goods being damaged or not satisfactory condition etc.

And like I do in all these situations I immediately inform customer they can return no questions asked within 30 days, I appreciate in business we have to from time to time swallow the costs of the original postage etc but as long as I get the goods back in the same condition I'm not bothered...

agrinnall

As it's B2B consumer rights don't really apply, although I believe the Sale of Goods Act is what will apply, and has some parts that are similar to consumer acts, but the main factor is the terms and conditions of the contract you have with your customers. What do they say?

unholyangel

ampfire wrote: »

Yes we're almost entirely a B2B Business... All our customers tend to be businesses looking to meet their UK Fire Regulations legal requirements etc.
The customer in this case hasn't given much of a reason but my experience from what they have said is I think they were attempting to try and do something they were not qualified or experienced to do and therefore purchased the goods in error. At no point did they complain about the goods being damaged or not satisfactory condition etc.

And like I do in all these situations I immediately inform customer they can return no questions asked within 30 days, I appreciate in business we have to from time to time swallow the costs of the original postage etc but as long as I get the goods back in the same condition I'm not bothered...

If they're not a consumer (someone acting for purposes wholly or mainly outside of their craft/profession/trade/business) then you don't have to allow returns at all. If you do continue to offer returns then you are also free to impose restrictions - such as not refunding original postage, that damage has to be reported within x time or should be inspected at the time of delivery and refused if any damage is visible.

bris

Personally I think they are trying it on, they may very well have had an "event" and as such used you to give them free fire extinguishers for it.


As a business you really should know that Business to Business transaction don't need consumer rights.
You can in that case charge restocking fees or even refuse to take them back. The 14 day rule does not apply to you if you don't want it too.


You can have separate T&C's for consumers.


Find a good B2B site and read their T&C's to give you an idea of what you should do.

ampfire

Appreciate all that, we state that its Free Delivery so not sure about not refunding the original postage, that said I'm not bothered about it that much but like the user above I feel they're trying it on a bit, usually I wouldn't be that bothered if it was a genuine customer I would just refund and except all loses but I feel like i've been played a bit.

Its good to know that I have a strong position I think sometimes you have to stick to your principles.