Customer wanting to return item

[cholland]

We have a customer that purchased an item over the phone and the next day wanted to return it.

However, they had thrown the outer branded plastic bag which we need to be able to see the item on as brand new.

We clearly state that all tags must be attached and that outer plastic must be returned and not damaged within our returns policy online and inform the customers again when they request a return.

Are we within our rights to refuse the return as the item is not being sent back in the same condition?

The customer thinks that the returns policy should be within the parcel and has returned the bag although I have refused!

 

[ZipserSir]

This isn't my area of expertise and so someone else will come along with a better answer, but here are my thoughts.

Firstly, how did your customer see your terms & conditions? Were they made clear before the payment was taken?

Secondly, what does it say in your terms and conditions about refunds? Are you following your own rules?

Thirdly, do your T&Cs comply with the distance selling regulations?

I see what you have said about returning tags, plastic, etc, but what is your policy regarding refunds if these items are not returned? Are they entitled to a partial refund?

Personally, unless there is a value associated with the "outer branded plastic bag" I think you have to put this down as a cost of doing business.

But I will be interested to read what others think.

 

[Chris Ashdown]

The customer must apply care but must also be able to inspect the goods, it's always a tricky thing, software seems to get away with not allowing you to break a seal but others dont

I think you will just have to grin and bear it and try to resell maybe as display stock

 

[Esk247]

I'd say you have to refund as it's within 7 - 14 days etc.

Why have they returned it? Damaged? Doesn't fit (if its clothing or something)?

 

[Alan]

Just to say (and I know this isn't covered by distance selling) but Argos refused to accept an exchange for an item within their returns period because we had ripped a finger size part of the box whilst opening it.

Fact of the matter is the item only cost £6 but because of their attitude, we will never ever ever shop there again.

I guess the moral of the story is, if you think they may buy from you again, or slag you off on forums, it might be worth bitting the bullet and give them excellent customer server.

Just for the record, I will NEVER EVER buy anything from ARGOS again, for the sake to them of a box worth 50p.

 

[cholland]

The customer just didn't like the colour.

We would always refund if there was a small rip etc... but the whole outer branded plastic bag is missing and we cannot get ahold of anymore.

Without this we cannot sell as new and basically halves the value of the item!

Surly the customer needs to return the item in the same condition?

 

[Deleted member 138423]

The customer just didn't like the colour.

We would always refund if there was a small rip etc... but the whole outer branded plastic bag is missing and we cannot get ahold of anymore.

Without this we cannot sell as new and basically halves the value of the item!

Surly the customer needs to return the item in the same condition?

What people are saying is how much is repeat business from this customer worth over saying no to them about this article?

 

[Merchant UK]

This is the reasons the mail order companies do not resell their clothes again, they sell them off as customer returns cheap, they do increase their prices to cover this though.

As been said before how much do you value your customers business, if its a one off then tell them you can't refund them as your policy clearly states that any items must be turned in a sell able condition.

Just look at what happened at argos, with the box? they've lost a customer because of a box, so you could go from one extreme to the other.

Personally i would email the customer saying that because all the packaging was ripped and labels torn off you cannot return the goods. I guess they would only be told the once, and they'll know for next time.

 

[arcon5]

The OFT guide to distance selling regulations covers this

Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.


How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier's ability to resell items as new.

 

[Cylon]

However, they had thrown the outer branded plastic bag which we need to be able to see the item on as brand new.

I feel your pain with this as the DSR's allow customers to inspect the goods as they would do in a shop scenario, the limitations of this are a bit vague and may need testing in court but you cannot sell this item on as brand new if it has been returned under DSR's.

We clearly state that all tags must be attached and that outer plastic must be returned and not damaged within our returns policy online and inform the customers again when they request a return.

A waste of words as DSR's/consumer statutory rights offer more protection and T & C's cannot overule these. You could argue that the tags have no need to be removed as a shop wouldn't allow this but in this case I presume its just the packaging that has been removed and the tags are intact.

If the tags aren't intact then don't allow the return as it would be simple to argue that there is no need to remove the tags to try on the clothing.

In the end you have to weigh up your losses in this vs customer satisfaction, perhaps offering a credit note instead of a refund might work, course always make this credit note slightly higher in value than the refund amount to entice them into a new purchase.

 

[Talay]

Surely the cost of selling returns at a discounted price is included in the retailer's profit margin. If it isn't, then it should be, rending this argument null and void.

 

[arcon5]

Agreed. All esellers should have budgets covering the lost outbound delivery charge and loss of value in their business plan - in the same way b&m stores have to budget for rent & rates etc.

The problem is too many sellers are seeing online selling as easy money without fully understanding their obligations and these sellers are usually the ones who compete solely on price then wonder where there profit has gone. Ebay sellers is a classic example of this

 

[The Resolver]

To clarify further what Arcon5 quotes from the OFT on the DSR, even if the consumer does more than required to inspect the goods and does not take reasonable care with the goods so as to cause damage to the item, the buyer is still entitled to cancel the contract within the 7 days from delivery. However, the seller may have a claim for the damage caused by the lack of care but cannot withhold the return of the purchase monies.

As to the comparison with Argos, I assume the Argos sale was in person at a shop so the DSR do not apply.