Packaging Damage - company deducting 20% from refund

Kel172

Hi. I recently returned clothing items to an online company. They have emailed me today to confirm the refund however due to damage to two of the items original packaging they will be deducting 20% from the refund amount. The clothes were packaged in slim cardboard sleeves, I had great difficulty putting the items back in the boxes one they had been tried on and not so 'flat packed' as when I took them out of the packaging. I do not remember causing significant damage, but likely some of the cardboard was damaged in my efforts. I remember leaving a few items out of their packaging as it was impossible to fit them back in but I of course included all packaging in the returns box. 

I have asked them for photo evidence.

Where do I stand? Is 20% a reasonable amount to deduct for damaged packaging? 

Kel172

In their email they have stated "this is according to the fact that on our website we write: the item and packaging must be returned in the same condition as when you received it. You must enclose the original packaging in undamaged condition"

user1977

Who is the "online company"?

Okell

Did you return them under (1) the trader's own returns policy or (2) did you tell them within 14 days that you were exercising your statutory right to cancel and return under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)?

It might - or might not - make a difference

Kel172

Okell said:

Did you return them under (1) the trader's own returns policy or (2) did you tell them within 14 days that you were exercising your statutory right to cancel and return under 

It might - or might not - make a difference

Hi. I returned under (1) the trader's own returns policy 

Kel172

I have now seen the photos and the damage is minimal. Literally a 1cm tear along the top of one of the boxes. The second item I am struggling to identify the damage from the photo and so have asked for them to clarify. 

the_lunatic_is_in_my_head

Send them the following guidence and ask when they'll be refunding the rest of the payment:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)&qid=1640961745514

5.5.4.   Consumer’s liability for mishandling of the goods

In principle, the consumer should be able to open the packaging to access the content(s) inside if similar goods are normally displayed in shops in unpacked condition. Hence, damage caused to the packaging by merely opening it is not a cause for compensation. However, any protective films applied to the item should only be removed where strictly necessary to test it.

Okell

the_lunatic_is_in_my_head said:

Send them the following guidence and ask when they'll be refunding the rest of the payment:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)&qid=1640961745514

5.5.4.   Consumer’s liability for mishandling of the goods

In principle, the consumer should be able to open the packaging to access the content(s) inside if similar goods are normally displayed in shops in unpacked condition. Hence, damage caused to the packaging by merely opening it is not a cause for compensation. However, any protective films applied to the item should only be removed where strictly necessary to test it.

Nice one!   

sheramber

Who is the company?

Where are they based?