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Internet Sales Refunds
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I sold clothing from my website and full details about the garment were detailed, colour, size etc. Customer now says it's not the colour he wanted. Our terms and conditions (which customer accepted) state that there will be a restocking charge (unless the goods are faulty) and we do not refund carriage costs.
he now says he is returning goods and wants a full refund including carriage. This means we make a loss on this - do we have to comply with what he wants ?
he now says he is returning goods and wants a full refund including carriage. This means we make a loss on this - do we have to comply with what he wants ?
Answers
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from the 'sale of goods act' website:
Return of goods ordered online, by telephone or by mail order
The retailer's terms and conditions should say who pays for returning goods. If they don't, then the retailer has to pay, not the customer.
Retailers may also set out the way they want goods to be returned, but this cannot be unreasonably expensive or difficult.
In the case of faulty goods being returned because they are not fit for purpose do not match their description or are not of a satisfactory quality , the customer is entitled to claim the cost of postage from you or to request that you arrange collection of the item.
The additional customer rights that apply to online and mail order customers are in the Consumer Protection Distance Selling Regulations 2000, the Financial Services (Direct Marketing) Regulations and the Electronic Commerce Regulations. These are summarised in the OFT business guide, Home shopping: distance selling regulations, available from www.oft.gov.uk.
Return of goods ordered online, by telephone or by mail order
The retailer's terms and conditions should say who pays for returning goods. If they don't, then the retailer has to pay, not the customer.
Retailers may also set out the way they want goods to be returned, but this cannot be unreasonably expensive or difficult.
In the case of faulty goods being returned because they are not fit for purpose do not match their description or are not of a satisfactory quality , the customer is entitled to claim the cost of postage from you or to request that you arrange collection of the item.
The additional customer rights that apply to online and mail order customers are in the Consumer Protection Distance Selling Regulations 2000, the Financial Services (Direct Marketing) Regulations and the Electronic Commerce Regulations. These are summarised in the OFT business guide, Home shopping: distance selling regulations, available from www.oft.gov.uk.
The best you can do is to refund the cost of the article, but the customer must be aware that they have to pay return postage. faulty goods, goods not as per description. etc are returned at sellers cost, but if the goods were " as described" then the buyer is able to return if they pay return postage. Ebay/paypal are always on customers side and will probably freeze you payment until the issue is resolved, so be nice to the customer, but point out that they knew the situation before they purchased, and that you have stuck to ebay guidelines etc. I must add, I have two ebay shops, feedback 7000, and occasionally you get the idiot customer.
Annie.
Annie.
As I've stated on the other thread, by attempting to impose an illegal restocking charge you've failed to correctly advise the customer of his rights under the Distance Selling Regulations. Therefore any term which seeks to require the customer to pay the return carriage costs is automatically invalidated. You must pay them.
T & C's as below which were copied from someone else in the main.
1. All goods are non-returnable unless they are faulty or damaged upon delivery.
2. Customers should ensure that the product that they are ordering is suitable for their requirements and no responsibility is placed with xxxxxxx for their decision.
3. Goods that have been incorrectly ordered will only be accepted for return with prior approval from xxxxxxxx.
4. Returned goods will only be accepted if they are returned unused in their original packaging.
5. Customers are responsible for obtaining proof of delivery and receipt of returned goods.
6. Before returning any goods the Customer must contact xxxxxx to obtain a returns number.
7. xxxxxx will levy a restocking charge of up to 25% of the manufacturers retail price.
8. All refunds will be issued upon receipt of returned goods.
9. Where applicable postal or carriage charges are not refunded in the event of a customer returning goods and are the responsibility of the Customer.
1. All goods are non-returnable unless they are faulty or damaged upon delivery.
2. Customers should ensure that the product that they are ordering is suitable for their requirements and no responsibility is placed with xxxxxxx for their decision.
3. Goods that have been incorrectly ordered will only be accepted for return with prior approval from xxxxxxxx.
4. Returned goods will only be accepted if they are returned unused in their original packaging.
5. Customers are responsible for obtaining proof of delivery and receipt of returned goods.
6. Before returning any goods the Customer must contact xxxxxx to obtain a returns number.
7. xxxxxx will levy a restocking charge of up to 25% of the manufacturers retail price.
8. All refunds will be issued upon receipt of returned goods.
9. Where applicable postal or carriage charges are not refunded in the event of a customer returning goods and are the responsibility of the Customer.
Those terms are ILLEGAL!
Under the Distance Selling Regulations you MUST refund a customer who simply changes their mind within the required time. You have no choice. Further you must pay the return carriage charges UNLESS you have:
(a) provided the customer with written notifications of their rights under the Distance Selling Regulations ; and
(b) not sought to contravene those Regulations by, for example, imposing an illegal restocking charge.
Read my link in your other thread!!!
Under the Distance Selling Regulations you MUST refund a customer who simply changes their mind within the required time. You have no choice. Further you must pay the return carriage charges UNLESS you have:
(a) provided the customer with written notifications of their rights under the Distance Selling Regulations ; and
(b) not sought to contravene those Regulations by, for example, imposing an illegal restocking charge.
Read my link in your other thread!!!
For Dotty:
Just the EU.
For Lcg76:
The Distance Selling Regulations 2000 don't apply to genuine auctions. (Items sold on auction sites under 'Buy it Now' terms are covered though).
eBay traders, selling by auction, are under no obligation whatsoever to offer a refund on goods that are properly described and not faulty. However if goods are wrongly described or faulty the Sale Of Goods Act applies; the seller must provide a full refund and ensure that the purchaser is not left 'out of pocket' by, for example, refunding carriage costs.
Just the EU.
For Lcg76:
The Distance Selling Regulations 2000 don't apply to genuine auctions. (Items sold on auction sites under 'Buy it Now' terms are covered though).
eBay traders, selling by auction, are under no obligation whatsoever to offer a refund on goods that are properly described and not faulty. However if goods are wrongly described or faulty the Sale Of Goods Act applies; the seller must provide a full refund and ensure that the purchaser is not left 'out of pocket' by, for example, refunding carriage costs.
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