returned goods

Richardp · 2 Mar 2008

A lady rung up and ordered a painting from me, paid with a credit card, I sent it via interlink express and it took three days,When it arrived she told the driver she didn't want it and didn't accept it, said it took too long and he didn't handle it gently enough up the stairs, so I guess its heading back my way, she said to give her her money back, which I'm happy to do but how does it stand legally? can I get her to cover any of the package and post.
I just want to **** her off a bit

nstreet · 2 Mar 2008

Firstly, did she see the painting first. Was a deposit paid. If she has ssen the painting and a deposit has been paid then she must have been happy with it. Did you inform her of how long the postage would take and how it would be delivered? Has the painting been damaged by the rough handling?

If the painting is in tack with no damage then strictly speaking it is fit for purpose and if push came to shove she wouldn't really have grounds to reject it, especially if she had seen and measured the painting. At the end of the day though, its a case of good customer relations, if you pee here off, you never know who else whe may tell and word soon gets around about bad service.

And dont forget she has your painting and if she claims her money back against the credit card co, you have lost twice over.

^woody^ · 2 Mar 2008

The distant selling regulations give her rights to cancel and return the goods - but she has to pay return postage. Also, I'm not sure if you can charge a 'restocking fee' - this may depend on you contractual terms and not be an automatic right

tim west · 2 Mar 2008

send her one of those glorius sunset photos that you take out of your window, that should do the trick, it pees all of us off with jealousy

Richardp · 2 Mar 2008

nstreet said:
Firstly, did she see the painting first. Was a deposit paid. If she has ssen the painting and a deposit has been paid then she must have been happy with it. Did you inform her of how long the postage would take and how it would be delivered? Has the painting been damaged by the rough handling?

If the painting is in tack with no damage then strictly speaking it is fit for purpose and if push came to shove she wouldn't really have grounds to reject it, especially if she had seen and measured the painting. At the end of the day though, its a case of good customer relations, if you pee here off, you never know who else whe may tell and word soon gets around about bad service.

And dont forget she has your painting and if she claims her money back against the credit card co, you have lost twice over.

ok! she saw and chose the painting on the website, she didnt unwrap or even take it from the deliveres hands it so don't know if its damaged,but very unlikely as its sandwiched between two 2inch thick slabes of polysterene, I don't even want her to have it anymore! but was interested in the legal side and wether she should at least pay half the postage.
I have to prepare a refund so could deduct it.

simon_m · 2 Mar 2008

Hi, the Distance Selling Regulations state that a consumer can reject goods for any reason at all. You should have a returns policy on your website stating clearly your returns policy. It should be stated that returns must be made within 7 days of receipt of the item, if it is not the consumer can return the item for up to 3 months and seven days

You must refund the customer in full, including original postage costs, you can however charge the customer for return postage if you intend having the item collected at your expense.

big-all · 2 Mar 2008

ok just a normal buyer but my understanding is

all depends on what your printed conditions of purchase are

you must declair that they must pay the return postage if not happy

dont think you would be allowed to charge a restocking charge unless you have direct extra costs but not related to postage and packing

but in all cases it must be part of your written terms and conditions

having said that they have to be fair terms of sale otherwise they arnt legaly enforceable
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

Richardp · 2 Mar 2008

ok! thanks, so its postage, should be enough to just **** her off

so now I'm gonna have to work out how to do a refund on my pdq! should be simple

Softus · 2 Mar 2008

Richardp said:
she said to give her her money back, which I'm happy to do but how does it stand legally?

She has the right to cancel the order, under the provisions of the Distance Selling Regulations.

can I get her to cover any of the package and post.

No, unless you give her written notice before she ordered.

I just want to p**s her off a bit

The law is on her side. Sorry to have to tell you Richard, but you've already broken the law by not including on your web site information about her right to cancel. Also, her right to cancel doesn't expire until three months elapses, or you notify her in writing that she has only seven days within which to cancel, whichever is the longer. After you give her notice, or after three months, then she has seven days to cancel her order.

She doesn't even have to return the item; by default, i.e. unless you told her otherwise before the order was placed she merely has to prevent the item being damaged and to make it available for you to collect.

All your questions should be answered by the very clear information on the following web site:
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

Richardp · 2 Mar 2008

Just noticed that I do have a TERMS & CONDITIONS page on my site but never really looked at it!!
thanks all for your advice.

Softus · 2 Mar 2008

If your terms and conditions say something like this:

If you are unhappy with your print and wish to cancel your order you are entitled to a full refund within 30 days of purchase provided that the goods are returned to me in their original packaging and in their original undamaged state. Please ensure that the goods are insured for the full purchase value as it may not be possible to offer a refund or replacement if they are damaged during return postage. Once the item has been returned I agree to refund the original purchase price in full. Any postage expenses incurred will also be refunded provided that you send me proof of postage and a suitable invoice detailing your expenses.

...then you've already agreed to refund the cost of returning the painting, and the cost of the insurance, but at least you've put the responsibility for its safe return upon her, so that's good.

joe-90 · 2 Mar 2008

It's only a painting, for heaven's sake. Ask her to take it to the local charity shop so they can get a few quid for it.

jefoss · 2 Mar 2008

you should have a restocking charge and a return postal charge on your t&c fella, then if it comes up again, no worries and you wont be out of pocket, make the restocking charge say 10% to cover the hassle etc

usual good advice from joe90

Persimmon · 2 Mar 2008

To joe-90

I am impressed about how rich you must be that you can dismiss original paintings costing almost a thousand pounds with advice to 'let her take it to the charity shop so they can get a few quid for it'.
I hope it was just tongue in cheek - rather offensive to Richard if not....

I think the woman's behaviour is disgusting. I wonder what is behind it ?

Softus · 2 Mar 2008

jefoss said:
you should have a restocking charge and a return postal charge on your t&c fella

You appear not to have read the Ts & Cs, because they stipulate a return postage charge. A restocking charge would be ridiculous because this is a one-off painting.

returned goods

Similar threads