Refused Refund because of packaging tape

chezzzer

I have purchased a sink online, but I have ordered the wrong size so asked to return for a refund.

The online retailer has sent me the Return Ref in an email and I've printed & returned it the same day.

They have refused my refund request saying I have defaced the manufacturers packaging with tape.

Their online webpage returns has limited information, but when I telephoned she said she put it in a separate email instructing how I should return the product.

can they refuse a refund based on packaging not product?

Any help is greatly appreciated.

pinkshoes

Assuming it is a UK company, then no, they cannot refuse a refund. They can, however make a reasonable deduction for any handling of the item that is beyond what you would have done in a shop.

So if they emailed saying specifically how it needed to be packaged and you didn't follow this, then they can deduct a small amount if you have defaced their packaging. 

the_lunatic_is_in_my_head

pinkshoes said:

Assuming it is a UK company, then no, they cannot refuse a refund. They can, however make a reasonable deduction for any handling of the item that is beyond what you would have done in a shop.

So if they emailed saying specifically how it needed to be packaged and you didn't follow this, then they can deduct a small amount if you have defaced their packaging. 

Only if they provided the required information regarding the right to cancel the contract via durable means, which is doubtful given the OP.

A bit of parcel tape on the box is ludicrous anyway, it doesn't cause cause any diminished value. 

OP send them a letter before action requesting a full refund and follow with small claims if it doesn't materialise. 

The above assumes you are a consumer and cancelling your contract within the permitted times (14 days after the day of delivery if they provided the correct information or otherwise 1 year and 14 days). 

Manxman_in_exile

I find it hard to believe that some packing tape on the cardboard box could amount to "handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods", so I would expect the OP to be entitled to a full refund.  (Assuming the OP is a consumer and is within the 14 day cancellation period).  Presumably the OP had to open the packaging and take it out before realising it was the wrong size?  The law doesn't say anything about the return packaging having to be intact etc. or even that the original packaging needs to be reused.  With many goods these days (eg those infernal plastic bubble packs that are razor sharp when opening) it's impossible to examine the goods without destroying the packaging in the first place.  I'd suggest the supplier is trying it on.  

My wife bought a rowing m/c during the first lockdown and we had opened it and tried it out before she decided it was not suitable for her purpose.  The supplier argued that they would only pay a partial refund because it had been opened and "used", but when she quoted the legislation to them, they agreed to a full refund.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

It took us about two hours to disassemble and repackage it securely and safely, and by the time we had finished it was covered in packing tape to reinforce it.  Full refund no further argument.  (It was here:  Rowing m/c return - online purchase - "unnecessary handling" — MoneySavingExpert Forum)

(I'm a bit surprised - and disappointed - if CAB think a reduction on the refund is justified.  Of course, we don't know how much packing tape was used.  It might have looked like a stand in for Christoper Lee in "The Mummy"...)