Damaged goods advice

[camelot]

I recently sold an item via the internet which has raised a couple of issues and would welcome some advice.

Buyer purchased a laptop off me via the internet. I mistakenly despatched the wrong laptop. Buyer informed me of this and they returned the wrongly despatched item. However, on arrival the packaging of the parcel was intact but the laptop iside was cosiderabley damaged. There are 2 issues i think.

1. The buyer ordered and paid for an item which they did not receive.
Therfore, correct item to be despatched or a refund given.

2. The buyer has a duty of care to return the wrong item back in the condition it was received by them. I believe that they are liable for the cost of the item to either be repaired or replaced.

Where do i go legally as i have this firm gut feeling that i am being paid lip service in so much as they have said they will look into the problem and want a full refund instead of the original item they ordered.

Sorry it sounds so long winded, but i am not prepared to go £400 out of pocket.

Any advice is welcome.

 

[Jayne]

This is a tough one! You would have to prove that the customer damaged this item and no doubt, they will say this is how it arrived to them.

You may be best going to see a solicitor, many do 30min free advice, take along a copy of your terms and any proof to show them.

Hope you get this sorted

Jayne

 

[Enigma121]

I thought I'd check this up, as some of what you said didn't ring home for me.

The buyer doesn't have a duty to return the item, as I understand it - only to take care of it until it gets back to you.

Most firms I've dealt with where I've had to return things in the past have been very particular about having the item collected and signed for by a courier...

Now comes the question. Where you aware of that? Was the buyer? Did you persuade the buyer to send it back? I'm concentrating in the most likely area where the buyer will state the damage occurred - in transit.

I should state I'm not a solicitor and have no legal background. If you want to have a look at the document behind this opinion, check out: -

http://www.opsi.gov.uk/si/si2000/20002334.htm

(Distance Selling Regulations)

To summarise you might well be on dodgy ground here.

 

[camelot]

The buyer made me aware of the fact that the item they received was working fine but was not the one ordered. I have all the emails / correspondence etc.

We both agreed that they would send it back to me.
It was sent back via Royal Mail special delivery.
It was only on opening the package that the damage was seen

 

[Astaroth]

Likewise I am not a solicitor and my legal background is not in this area.

You do not mention how the laptop is damaged but, whilst there are going to exceptions, the majority of people are not going to intentially damage something they are returning as wrong item received.

I would make the buyer aware that the item was received damaged - they will undoubtably say that it was damaged in transit - and then look to initiate a claim against the Royal Mail insurance. Given it is the buyer that purchased the service from Royal Mail I suspect it is them that will have to initiate the claim.

As others have said, to make the buyer responsible you would have to show they are in breach of contract or negligent.

 

[Enigma121]

OK, if thats the case then things are relatively simple here. Buyer needs to claim from Royal Mail insurance and use this to reimburse you.

Special Delivery establish limits on item value, but I think the minimum is £500.

 

[camelot]

I agree that is what should happen if the buyer claims from Royal Mail. But what if he decides not to bother? because that is the gut feeling i have.

 

[Top Hat]

I think you have to look at this from your customer point of view.

* They paid their money

* They received the wrong thing

* They sent it back (probably at there expense)

* And now you are saying its damaged and you will not give them their money back

I'd be hopping mad.

You need to contact Royal Mail and find out how much you can claim, and if you can claim.

If you can claim, give the money back and make a claim.

If you cant claim, and your customer has too, give them their money back, fill out all the forms for them, so they have to do no work, give them a SAE so they return it to you to send off when done (so you know when its done)

 

[camelot]

You've missed the point and not read it correctly.

Buyer purchased an item, the wrong item was despatched. they returned that item damaged.

The customer has been REFUNDED in total (they decided they did not want the original item they ordered) and they are not out of pocket.

my question is: if the customer does not claim against Royal Mail for the damage, how do I get reimbursed for the item that has been damaged.
because my gut feeling is that they will not claim

 

[Top Hat]

You've missed the point and not read it correctly.

I read and reread you original post which implied that you had not refunded the customer yet, perhaps you were not very clear :wink:

my question is: if the customer does not claim against Royal Mail for the damage, how do I get reimbursed for the item that has been damaged.
because my gut feeling is that they will not claim

You need to contact Royal Mail and find out how much you can claim, and if you can claim.

If you can claim, make a claim.

If you cant claim, and your customer has too, fill out all the forms for them, so they have to do no work, give them a SAE so they return it to you to send off when done (so you know when its done), you can then gently remind them.


As for where you stand legally you can speak to a layer (the last time I did it cost me £600, and it was not even a serious issue, so I would do what ever you can first)

 

[fastfences]

As for where you stand legally you can speak to a layer (the last time I did it cost me £600 . . .

Hi Top,
That's one 'top class' layer you've got!! :lol: :lol:
Cheers, Nigel

 

[Top Hat]

That's one 'top class' layer you've got!! :lol: :lol:

Doh!