Money Moral Dilemma: Should I give back the 'accidental' refund for an item I wanted to return?

dogsbreath

Offer them 25%

Matt8888

Knowing all the circumstances, you agreed to keep the stool and get a 25% refund. That was your decision. No other information prior to that point is relevant because you took it all into account when you made this agreement, even if it was not your ideal outcome. So this is solely about your personal integrity. Are you true to your word or not?

powerful_Rogue

Fenny_42 said:

I have had similar experiences more than once with online sellers from China. Many of them act as though they are UK sellers, when they are really just drop shippers who push orders in the way of Chinese suppliers. I have returned items at high postage prices to China and had to fight for a refund and I have had "sellers" give me the sob story that they are just hardworking people trying to make ends meet and a return will cause them major hardship, so offer a partial refund and tell you to keep the item. 

In each case, they are ignoring all the distance selling regulations and consumer rights that should apply in the UK. By agreeing to a partial refund, you are not enforcing the rules that most sellers work to.

The fact that their system gave you a full refund is not your problem. Tell them you have accepted the refund and they can arrange to collect their goods from you any time within the next month at their expense, and if they don't do this, you will take that as an indicator that they do not want the item.returned. This was the advice given to Reader's Digest customers many years ago, who received books they hadn't ordered.

As long as sellers get. Away with these tactics, they will continue to use them on others. The goods you receive should be as described. If not, you should get a full refund. If they don't want to pay the return costs, they can collect the item.

That's because they don't apply if you're buying from China.

Benthebadger

The number of times I've not realised I'm buying from China, as it's been fronted by 2 other well-known shop fronts! However, when the goods have been misdescribed or don't actually work, I'm like a terrier about getting my money back and in every instance have been told to keep the goods as well. (not that I wanted them if they were rubbish). The distance selling rules may not apply in China but if purchased through another company who have a good returns/refunds policy which apply in the UK, then you are protected.
I'm not sure why you agreed to the 25% though. That was probably an opening gambit by them. It's really up to your conscience what you do next. They were dishonest in their misdescription but now you are being dishonest too if you are the one breaking your word.

Rocketdogroya

I had an issue with a British seller on ebay. I bought a tin of paint and it leaked.
The seller offered to replace upon return it or a 5% discount and basically dismissive.
I explained (many times) that I couldnt return it (hazardous liquid in the post) and I would like a larger discount, we haggled and a discount sum was agreed upon.

 They didnt give me this though, just sent a very rude message and a returns label, even though I had explained countless times I couldn't use it. I explained this and their reply was basically a 'see you in (ebay) court'. I had already checked my rights and knew my case was strong though.

I was given the full refund by ebay once I had provided evidence that it couldn't be returned so I bought another from B&Q.
The seller then sent me a horrible message calling me names and saying I was the type of buyer that was ruining ebay, I have never down this before and was always civil in our communication. This really upset me as I had agreed on a 15% discount and they had offered a replacement, it wasn't my fault non of these things happened?

I now have an expensive tin of paint in my shed that I cant use as it feels morally wrong.

My advice is:
Think how you would feel if you don't return it?
Has the seller been nice or nasty?
Why did you agree on the discount in the first place? Did you feel pressured or was it more a discount on an acceptable item.

I do often think the return postage to China is worth more than the item but they could still arrange a return if they really wanted. I would offer them this and then it is their dilemma not yours!

DD13

I have found that these companies quote that they follow UK consumer laws. Look through the T&Cs they quote and I think you will find they say this (although don't necessarily mean it!) then you can say something like the following:
Quote their Ts & Cs

"SECTION [section number] GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom."

Then you can say:

Under the Consumer Rights Act 2015 (UK) all products must be of satisfactory quality, fit for purpose and as described.  

The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:  

As described: The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

 

The Consumer Rights Act 2015 (UK) gives you the legal right to either get a refund for goods that are of unsatisfactory quality, unfit for purpose or not as described, or get it repaired  - depending on how long you've owned it:

0-30 days: You can claim a full refund for goods that are of unsatisfactory quality, unfit for purpose or not as described. 

If the item is not as described then the seller has to pay return postage, this is part of the Consumer Rights Act 2015 (UK).

You can then say that as the items were not as described you will not refund any money below the full cost.

However, if the Ts and Cs do not mention UK law, the above won't help.

Peregrin01

Beware of scams!

There are two to consider in your example:

• refund scam 
• 'great knitted cardigan' scam

Stay safe 

fearsm

China = some you win, some you lose, business model.

I bought a £12 USB cable from Ali Express last year. They sent me an empty bag, all the way from China, refused to refund, rejected my appeal, despite photo and video evidence provided as requested.

Escalated to Barclaycard, who immediately refunded me and, I assume, clawed back the £12 from the Chinese seller.

Ali Express, never again...

So, in my experience, if Chinese sellers work to this business model, keep the money and let them have the stool back, if / when someone comes to collect it.

primrose_penguin

I would pack the footstall ready to return and get in touch and say thank you for forwarding the full refund for the incorrect footstall. Please now arrange collection of said item (at their expense). The error was theirs and it is up to them to put it right, I would definitely not return the money as it was what you requested in the first place, if they want the wrong footstool returned then they should either arrange to have it picked up by a courier or send you the correct free postage labelling for you to return it.

Chinacheats

I bought some sandals which were supposed to be extra wide and size 42. To save money (supposedly) I bought 3 pairs at over £100. When they eventually arrived one was a size 38 and they must have been made for Chinese feet as I could not even get the Velcro fastening over my foot to hold! After contacting them I was passed from pillar to post and told I had to pay the full return money, about £30+ to send to some random person in Hong Kong, and even more to insure them! In the end I gave up and my daughter had one pair that she managed to make fit (the smaller pair) and sold the rest on Vinted for a few £'s. Needless to say I will never fall for these tricks again! You totally do right to keep the money as you, like me, was totally mis sold to.