Distance Selling company refusing refund because it was damaged by the courier on return.

jimp74

Hi All, 
I recently bought a door online decided on the day it arrived that it wasn't right so returned at at my cost through a courier service they suggested and in its original packaging.
the moment they got it they sent me pictures of damage to one of the corners and are saying it's not resalable so we can't offer a refund and would I like to come and collect it. 

I'm aware I can probably make a claim with the courier but can the company refuse the refund under DSR ? 

it's more a principle thing, It feels like they try it on and because the shipping is so expensive I fear a lot of people would just roll over. 

user1977

Yes, up to you to get it back safely, so you make your claim against your courier.

the_lunatic_is_in_my_head

The right to cancel your contract isn't linked to the condition of the goods, the trader may have the right to reduce the refund for diminished value due to excessive handling (which I'm not sure whether this situation actually is or not) however that is dependent upon them providing you certain information.

That aside for the moment, did they advise you of the cost of return by durable (email, on paper with the goods, etc) means? If not they should cover the return cost.

Did you package the door in the same manner that they sent it? If so I think it's a reasonable view that by using their recommended courier and packaging the door in the same way they did that you took reasonable steps of due care and the damage is bad luck for them.

If you didn't package the door as well as they did I'm unsure how that stands. 

jimp74

Hi Thank you for your replies. They did advise the cost for return to them yes, and i'm fine with that. 

and yes I did repackage with the same packaging they supplied it and as well. 

It wouldn't make financial sense to pay another courier to go and get the door back (and they know this) so I'm left with no door and no money. 

but you know what they say, when life gives you lemons, you've got lemons  ¯\_(ツ)_/¯

shiraz99

the_lunatic_is_in_my_head said:

The right to cancel your contract isn't linked to the condition of the goods, the trader may have the right to reduce the refund for diminished value due to excessive handling (which I'm not sure whether this situation actually is or not) however that is dependent upon them providing you certain information.

That aside for the moment, did they advise you of the cost of return by durable (email, on paper with the goods, etc) means? If not they should cover the return cost.

Did you package the door in the same manner that they sent it? If so I think it's a reasonable view that by using their recommended courier and packaging the door in the same way they did that you took reasonable steps of due care and the damage is bad luck for them.

If you didn't package the door as well as they did I'm unsure how that stands. 

That doesn't take away the fact that the goods are solely within the OP's responsibility, given that he arranged the return himself albeit using the recommended courier, until they are received by the seller. The idea of whether they were packaged correctly or not is only relevant as to whether the OP takes it on the chin himself or is able to go after the courier for compensation, it has nothing to do with the seller.

cx6

Unfortunately, if you return something at your expense the risk remains with you until it is delivered (if on the other hand they had supplied the returns label etc then the risk would have been with them).

If the corner is damaged then the value of the door it probably close to zero so they are right in that they cannot resell it for any money and thus won't refund you.

Your remedy is to claim against the courier you used and any insurance you took out to cover damage on return. The courier is likely to want details and proof of how you packaged it.

the_lunatic_is_in_my_head

shiraz99 said:

the_lunatic_is_in_my_head said:

The right to cancel your contract isn't linked to the condition of the goods, the trader may have the right to reduce the refund for diminished value due to excessive handling (which I'm not sure whether this situation actually is or not) however that is dependent upon them providing you certain information.

That aside for the moment, did they advise you of the cost of return by durable (email, on paper with the goods, etc) means? If not they should cover the return cost.

Did you package the door in the same manner that they sent it? If so I think it's a reasonable view that by using their recommended courier and packaging the door in the same way they did that you took reasonable steps of due care and the damage is bad luck for them.

If you didn't package the door as well as they did I'm unsure how that stands. 

That doesn't take away the fact that the goods are solely within the OP's responsibility, given that he arranged the return himself albeit using the recommended courier, until they are received by the seller. The idea of whether they were packaged correctly or not is only relevant as to whether the OP takes it on the chin himself or is able to go after the courier for compensation, it has nothing to do with the seller.

The regulations require the trader to refund within 14 days of either receipt of the goods or evidence supplied of them being returned.

The only deduction permitted is for diminished value , even if that applied a dent to the corner of the door doesn't necessarily make it worthless (depending upon the extent and original cost which I'm guess is on the higher side as the OP paid a fair bit to send it back. The OP could if they wish post the photo of the damage).

Doors with defects have a value:

https://www.ebay.co.uk/itm/154310465327

The trader is either denying the OP their right to cancel the contract or stating the damage represents a 100% reduction in value. The first is not permitted, the second can only be appropriately based upon the extent of the defect, should diminished value apply. 

TELLIT01

If the original packaging was used for the return, and the door arrived to the OP undamaged, it's not really surprising that the vendor is suggesting that the damage was caused by the OP prior to return.  The door may or may not be worthless that is still to be determined.

cx6

Yes the door may have some worth - even firewood has some worth - and this should be taken into account but I would bet it is close to zero.

Yes the door could be sold on eBay but then the merchant would be entitled to charge for the admin costs of photographing it, listing it, packaging it to any buyer and the shipping costs to said buyer. 

the_lunatic_is_in_my_head

cx6 said:

Yes the door may have some worth - even firewood has some worth - and this should be taken into account but I would bet it is close to zero.

Yes the door could be sold on eBay but then the merchant would be entitled to charge for the admin costs of photographing it, listing it, packaging it to any buyer and the shipping costs to said buyer. 

None of which doesn't mean the OP may be entitled to some kind of refund ("may" due to the unknown extent of damage) whilst noting if the trader hasn't complied with the required information they won't be able to reduce the refund at all. 

jimp74

Thanks again for all the comments here are the images they have sent me - be interesting to see what you guys think.