responsibility of original delivery charge?

[atlantictramps]

Hi there

We have had a customer decide that they didnt want our item we arranged to the collection of the 2 boxes, now the item is back the customer is stating that we should refund the original delivery charge as well as the item price?, the item was returned because it was unsuitable and not because of a defect or fault with the product, now our terms state:

Returns
We are very confident that you will be happy with your purchase from ********* , but you are welcome to return any item to us within seven days of delivery. The goods must be unused, in fully resalable condition and in their original packaging. We cannot accept returns without a returns form being enclosed, so if you would like to return something to us please contact us to make arrangements.
Returns must be sent via a trackable method and we strongly recommend getting delivery insurance.
Proof of postage is not proof of delivery - please send only by a method that requires a signature. We can arrange to collect items directly from customers but there will be additional costs which will be
deducted from any refunds. If you do wish to return something you have bought, you must contact us beforehand at ************** and obtain a returns form - once we have received and inspected the
goods, your payment will then be refunded minus any delivery and re stocking costs.
Any refund due will be made as soon as possible but will be within 30 days of written notification of damage or fault. In the case of order cancellation refund will be within 30 days of the delivery date.

Can we still legally charge the customer the carriage charge or does the DSR override whatever we put in our terms and conditions?

Thanks

[EmmaNo]

Are you selling on ebay?

[atlantictramps]

Hi Emma

Yes we are and the items are listed in the buy it now format and our terms and conditions are stated at the bottom of all our listings.

[EmmaNo]

OK as this is stated within your terms then you are within your rights to withold the postage. The sale is a legally binding contract and normally would not be allowed to back out if they didnt like something.

Saying that though unfortunately this is not taken into account on the feedback process so this customer will more than likely leave neg feedback if you dont refund the full amount so the choice is yours.

[MH1]

Your customer is right.

[atlantictramps]

Your customer is right.

Thats a contradiction to the info that Emma has posted?, confused now..

[EmmaNo]

Your customer is right.


I dont agree terms and conditions are there for a reason and ebay is a totally different ball game. The company could have refused to accept the return as it was due to not liking the item rather than a fault but stuck to their T's and C's and reserves the right to stick to the T's and C's when it comes to postage the customer agreed to the terms upon purchase so knew the situation.

[tony84]

I dont actually know who is correct but i would go on the basis that terms were stated on the sale and on every one of your other sales.

My understandng is that you dont actually have to offer a refund if it is due to the customer no longer wanting the item? Although this may be different because it is not a face to face sale.

I would state in no uncertain terms you will not be offering a refund on postage and packing. Those are costs incurred by you and you have posted the goods out, you will not be out of pocket because they did not like the item. You provided and accurate photo and/or description of the item. You have not tried to deceive the seller and are fully confident if the customer would like to take it to a small claims court you would be found to be in the right.

I do not think they would take it to court and if they did if you are confident your description is a valid one then you have nothing to worry about. Thats the bad thing with online sales, occasionally you get some people who are very unreasonable.

[MH1]

If you are a business and the end client is a member of the public you can put what you want in your T+C's, DSR law overides them.

From the OFT guide to DSR


What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

[EmmaNo]

For the particular listing the OP is talking about MH1 would be correct after further searching but the following would apply if it were an auction:

"So the Distance Selling Regulations don't apply to auctions. You're currently trading on eBay. Are you exempt?

Yes, at the moment, online auctions such as eBay, Ubid and so on are not affected by the Regulations - provided, that is, that you're allowing consumers to bid for your goods. However, if you use the 'buy now' function on eBay (as many small businesses do), this sale is not part of an auction and therefore DOES fall under the remit of the Regulations"

[deniser]

MH1 is right. Emma was originally wrong.

The DSR apply to fixed price sales if you are selling in the course of a business to someone who is buying as a consumer.

However, the right to have your original postage refunded only applies if:
1. the contract was cancelled in writing - this includes email but if they phoned you to cancel then it doesn't apply
2. they cancelled the whole contract - so if they kept any of the order then you don't have to refund the postage
3. they cancelled within 7 working days of receiving the goods.

[Russco]

For what it is worth: Always offer delivery as a non refundable service then they have no argument. Pickit up or pay. If it gets ugly i aways say "The next time you go to the high street and pay more for your goods, take it back and ask for your petrol, parking cost's and see what responce you get!!! its a fine line if you refund them chances are they will become a persistant returner and essentially use you like a library. But sadly free delivery and free returns is going to become the norm :(

[websnail]

... if you refund them chances are they will become a persistant returner and essentially use you like a library. But sadly free delivery and free returns is going to become the norm :(

Which is why it's generally a good plan to block such a user from sales in future using the selling manager.

Also worth noting that Paypal will not allow you to refund anything other than the FULL amount if the customer raises the issue as a dispute.

[MH1]

I appreciate ebays image to both buyers and retaillers, but in my experience you get 2-3 people per thousand that are awkward or possibly trying to con you.

Something retaillers also have to consider is the extra returning clients they can get with a fuss free credit situation, I get a good rate of returning clients and although fair on postage will not be took for a fool.

A far bigger problem for myself is the cost of reposting goods which are never collected after being carded, I have written it into my terms that any repost due to non collection or incorrect addresses are at the clients expense, in advance.

I've never had a problem since doing so.

[EmmaNo]

Which is why it's generally a good plan to block such a user from sales in future using the selling manager.

Also worth noting that Paypal will not allow you to refund anything other than the FULL amount if the customer raises the issue as a dispute.

Is that a new thing? You used to be able to do partial refunds

[jolew]

No, you can still do partial refunds, but you can't refund more than the original transaction amount. If you were to refund the postage costs incurred, you would have to 'send' them the money in a seperate transaction.

[KateCB]

Doesn't the DSR allow you to claim the cost of collecting the goods from the customer? Wouldn't that offset the original delivery charge?

I agree with Russco though and have been arguing with Brussels about this for 3 years (thought it was 2 - how time flies when you getting nowhere!)

"If it gets ugly i aways say "The next time you go to the high street and pay more for your goods, take it back and ask for your petrol, parking cost's and see what responce you get!!! "

[sourcez]

If you're a powerseller then ebay support will usually help you out if someone leaves negative feedback about something you've covered in your terms and conditions.

[MH1]

For what it is worth: Always offer delivery as a non refundable service then they have no argument.

Once again, your own T+C's will not change the law, it might be swallowed by some clients, but increasingly more and more are very aware of their rights.