Consumer refund

[S_G_Parkinson]

Hi guys
I have an online Ecig shop and a customer bought an Ecig from me on 30th June. I sent it the next day and she sent me an email about 5 days ago saying she was returning the product because she didn't like it.

Upon receiving it in the mail I noticed that it has been used beyond resale as the nicotine liquid was poured inside it and also the free bottle of eliquid was missing from the package.

My returns policy stipulates that refunds can be given to faulty or unused items within 30 days. Am I under legal obligation to refund her even though the Ecig has been used and the liquid missing from the parcel? All the information was given prior to sale and she simply doesn't like the product.

Thanks in advance.

 

[finleydesign]

I can't recall the exact wording, but I am pretty sure customer can do what they like with anything and still return it under the DSR its starting to become something you have to factor in to your overall sales, nothing to do with right or wrong or what information was given

 

[Raw Rob]

I can't recall the exact wording, but I am pretty sure customer can do what they like with anything and still return it under the DSR its starting to become something you have to factor in to your overall sales, nothing to do with right or wrong or what information was given

The new regulations which are in effect now changed this and made it better for the retailer. It's still not 100% clear in this situation, you might have to give a part refund, but personally in this situation I wouldn't give a refund.

 

[S_G_Parkinson]

Thanks guys.

 

[wayzgoose]

With it being a grey area under the DSRs I'd make sure your terms are definitely black: if the item has been used or all items are not returned, no refund. I don't think you should provide ecigs for people to "try" and then return if they don't like them.

 

[ecoleman]

This is an extract from a template supplied to me when the switchover happened.
"You" being the customer

---------
"You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods."
-----------

I would say that his/her handling was more than necessary. I doubt you could go into a high street store and have a puff of a few before you purchased.
So you would be within your rights to make a deduction from his/her refund for diminished value. What that value is would be up to you.

You could probably also get away with the fact that not everything was returned.

 

[senses]

You do not have to refund that. At all. It's not grey at all. Full stop. End of.


Sent from my iPhone using Tapatalk

 

[eldirect]

I agree with senses. Not returned in full and clearly been used. no refund.

 

[Josh_Farmer]

I wouldn't refund it myself, the full package hasn't been returned and its clearly used. Its only more of a grey area with the likes of clothes, as customers naturally have a right to try them on. In this case however hygiene would prevent the item from been returnable once used.