Buyer Claims Item Not Received - Reasonable Timeframe?

Discussion in 'Ecommerce Forum' started by The Sourcing Division, Feb 8, 2018.

  1. The Sourcing Division

    The Sourcing Division UKBF Newcomer Free Member

    24 1
    Hi all,

    I've checked various pieces of legislation (consumer contracts, consumer rights etc) but cannot find concise rules on this - whether they exist at all I don't know.

    Is there a legal timeframe in which a buyer can claim a refund for an item that they didn't received? Or do we just have to follow the rules of the platform (e.g. eBay buyers can open a case within 30 days, leave feedback within 60 days or on Amazon they can open A-Z claims within 90 days) and use those numbers as a reasonable time limit?

    As I say I think 30 days is plenty but just want to ensure we would be following the law by enforcing that as a general rule.

    Thanks.
     
    Posted: Feb 8, 2018 By: The Sourcing Division Member since: Feb 17, 2016
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,330 2,373
    If they didn't receive it, they can always claim a refund.

    Do you mean is there a timeframe within which they have to claim they didn't receive it? That will depend on your notification to your customer of when they should receive the item.

    If you make bespoke furniture it may be 3 months between order and despatch. If you supply off the shelf items, then there may be 1 hour between order and despatch.

    It is up to you to notify your customer of despatch date and anticipated delivery dates. Your terms and conditions should then state how quickly they need to advise you of non-delivery.
    So, for example, 'your item should be delivered between 6 and 9 February. If you have not received it by 11 February please notify us immediately so that we can investigate. If you have not notified us of non-delivery by 18 February your parcel will be deemed to have been delivered.'
     
    Posted: Feb 8, 2018 By: Newchodge Member since: Nov 8, 2012
    #2
  3. Mr D

    Mr D UKBF Legend Free Member

    8,306 847
    Enforcing it may be a problem, buyers can go beyond you for a decision.
    For example chargeback on their card. The decision is made by the card issuer not you and the timescale is quite long to apply.

    Rough guide much of the year the buyer should receive the item within 7 days of it being sent. A small fraction of a percentage can take longer but annoyed buyers on amazon for example can easily open an a-z claim and get a refund from you.
     
    Posted: Feb 8, 2018 By: Mr D Member since: Feb 12, 2017
    #3
  4. The Sourcing Division

    The Sourcing Division UKBF Newcomer Free Member

    24 1
    It cannot be always, imagine the dishonesty that would go on!

    Here's the situation that's sparked the question:

    Buyer bought an item on 30th November and have messaged today 8th February claiming the item didn't arrive, that's 70 days since dispatch on an item estimated to take 2-3 days to arrive!

    To me, that's an unreasonable time to claim. I get that eBay & Amazon have their own rules but I wondered if legally there was a time limit they must claim within.
     
    Posted: Feb 8, 2018 By: The Sourcing Division Member since: Feb 17, 2016
    #4
  5. Mr D

    Mr D UKBF Legend Free Member

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    Its within the timeframe you would claim back from royal mail for the lost item. Some of the couriers its 28 days to make a claim on them.
     
    Posted: Feb 8, 2018 By: Mr D Member since: Feb 12, 2017
    #5
  6. The Sourcing Division

    The Sourcing Division UKBF Newcomer Free Member

    24 1
    That would be fair if Royal Mail allowed claims for all services. With an online business account, there are no claims for standard untracked parcels via 48 or 24.
     
    Posted: Feb 8, 2018 By: The Sourcing Division Member since: Feb 17, 2016
    #6
  7. Mr D

    Mr D UKBF Legend Free Member

    8,306 847
    Posted: Feb 8, 2018 By: Mr D Member since: Feb 12, 2017
    #7
  8. The Sourcing Division

    The Sourcing Division UKBF Newcomer Free Member

    24 1
    Wow, unbelievable!

    So I guess there's no real legislation but the rules of eBay, Amazon & ultimately the credit card issuer. Damn.
     
    Posted: Feb 8, 2018 By: The Sourcing Division Member since: Feb 17, 2016
    #8
  9. Mr D

    Mr D UKBF Legend Free Member

    8,306 847
    Whatever terms you come up with bear this in mind, even beyond buyer bypassing you to get money back.

    https://www.which.co.uk/consumer-ri...s-an-unfair-term-in-my-contract-what-can-i-do

    Oh and amazon a-z claims can be set up by amazon staff if buyer has a problem well beyond the 6 months period. Couple of years even.
     
    Posted: Feb 8, 2018 By: Mr D Member since: Feb 12, 2017
    #9
  10. Pembroke99

    Pembroke99 UKBF Newcomer Free Member

    15 5
    I would suggest though in the case of a chargeback that you look at the T&C's of your payment provider. PayPal for instance say in their 'Seller Protection' terms that a proof of posting is sufficient to defend against a chargeback although in most cases their help desk staff will need reminding of this if there is a query.
     
    Posted: Feb 11, 2018 By: Pembroke99 Member since: Oct 2, 2017
    #10
  11. Karimbo

    Karimbo UKBF Ace Free Member

    1,624 158
    1) have adequate insurance for items sent.
    2) deal with items where 1 loss isn't going to make a huge dent in your profits. So you can absorb these "items not received easily".
    3) consider selling on your own platform if you feel that the items are too high a value for ebay/amazon
     
    Posted: Feb 11, 2018 By: Karimbo Member since: Nov 5, 2011
    #11