Returns and refund law

Cheillie2020

Hi 
not sure if this is the right place for this. 

I’m thinking of opening an online store which sells children’s toys which I will be having manufactured. 

I want to know that if someone buys something from my online store and open the item, box, packaging and “sets up” the product…then decides they want to return it within 14 days am I obliged to give them a refund by law? 

Thanks 

Cheillie2020

And, as a counter question to this, if I’m not obligated to give a refund for something they simply don’t want anymore and have opened packaging etc…if the item was faulty can I offer them an exchange only, and not a refund….just thinking someone could easily see damage the product to get a refund. 

Thanks 

lincroft1710

From the government website

https://www.gov.uk/accepting-returns-and-giving-refunds

Cheillie2020

Yes, thanks. I read this but it’s not 100% clear…

When you do not have to offer a refund

• no longer want an item (for example because it’s the wrong size or colour) unless they bought it without seeing it

“Brought without seeing it” does this mean in person seen it out the packaging, or literally not seeing it in person or as image on a website.
So can someone seeing images of the product on our website class as “they’ve seen it”? 

Next:

Online, mail and phone order sales

This just talks about ‘cancelling an order’ is that different to asking for a refund after opening and setting the product up in their home? 

To me, cancel means cancel the order if it’s been dispatched or yet to be dispatched and it’s unopened. 

Any advice? 

sheramber

you need to read   https://www.gov.uk/online-and-distance-selling-for-businesses

Have you never ordered an item online, opened it and decided you didn't like the colour  or it  didn't fit or you wanted to return it for some reason?

Yes, you may get someone who damages an item and returns it. 
You would then have a dispute as to whether it was faulty/damaged before or during delivery or by the buyer. 
You would have to weigh up  whether you dispute the matter or you accept the loss for the sake of your business reputation.

Cheillie2020

Yeah, read that. But I’m kind of after some layman’s terms clarification on the points I raised above. From the scenario, am I obliged to provide refund? 

Cheillie2020

And yes I have returned items if i didn’t like the size or colour. But what I’m asking is, is it the law that I HAVE to refund them if they don’t like the size or colour. 

The gov website suggests not. 

But then it says “without seeing it” but surely seeing images and videos of the product along with dimensions etc online would class as “seeing it”? 

MalMonroe

Hi, there's also lot of info in this government link -

https://www.gov.uk/set-up-business

And in the following link, see under 'repairs and replacements'.

https://www.gov.uk/accepting-returns-and-giving-refunds#:~:text=Online, mail and telephone order,that they want to cancel

The information in the link that sheramber has provided, above, is pretty easy to understand. 

Basically, customers DO have the right to cancel and to receive a refund if they have ordered items online because they have not seen them. That means that they have seen a representation of goods online (i.e. a photo/description/measurement) but as we all know, things can often look very different in a photo online to how they look in 'real life'.

Please see all the information in all the links provided as they do answer all the questions you have asked and they also give you all the information you need to set up an online business, including registering yourself as a business person.

Have you considered setting up an eBay business account? As you begin your business, it may be a good way of building up your experience - google "how to register as a seller on eBay step by step guide uk" and then scroll down a bit until that link appears. Just a thought.

Hope some of that is helpful. All the best with your new venture.

Savvy_Sue

Every Christmas, I feel Martin covers this in his TV show. In person shopping and you change your mind: no right to a refund. Online: every right, unless it's fresh produce, or customised.

But you're describing getting things out of the box and changing your mind. So you need legally binding terms and conditions, compliant with the law. 

There's only one way to get them, and that's to find a solicitor with expertise in this area, and pay them for their time and expertise. That way, if the get it wrong, you can sue the pants off them if they get ot wrong.

Not money-saving you say? Nor is being taken to court, especially if you then find your t&c were not lawful.

Cheillie2020

Another question, sorry. 

So if we determine that the product has been used, for example a colouring book and it’s been drawn in…where do we stand with that. Do we have to offer a refund? 

Something that’s clearly been used, and then returned within 14 days. What about that scenario. 

tightauldgit

Layman's terms (so there will be generalisations, exceptions, etc that are important) but here goes. 

If you buy something online you can return it within 14 days for whatever reason (or no reason) and you will have to refund it including any outbound delivery charge (you don't have to foot the cost of the return).

If the goods have been handled and reduced in value then you can make a deduction to reflect that. Generally the idea is that buying something online you should have the same opportunity to look at, handle, try the item as you would have in a shop. But that doesn't mean they can damage it  or the packaging or do something to it that's unreversable. It should be returned in basically the same condition it went out as. But just opening the box and taking the item out to look at it would be allowed for example.

So in your hypothetical I think it would depend what 'set up' means. If it's just connecting Part A to Part B and trying it out then deciding they don't want it and disconnecting the parts and repacking them then you should refund. If it was for example gluing two parts together then that can't be undone so you'd have good grounds to refuse a refund because the item can't be resold. 

If the item is faulty or damaged then it's different again.