Disagreement over refund for returns

  hastelloy 14:36 09 Mar 15
Locked
Answered

I recently bought 4 identical items which turned out to be not what I wanted so I returned them.

I didn't open any of the bags in which these were sealed and returned the items in exactly the same condition they arrived in.

They are now claiming that I opened 1 of the bags in which these were sealed and replaced the bag with a food bag. Consequently they will only refund for 3 items.

In effect, they have now charged me £16.04 (including return postage of £3.20) for an item which is priced at £6.86 on their website.

As I don't seem to be getting anywhere with the supplier, is there anywhere else I can go to for help please?

  Forum Editor 16:02 09 Mar 15

I assume this was an online purchase, in which case, how were the items returned - did you send them by post, or did a courier collect?

  hastelloy 16:32 09 Mar 15

Yes, it was an online purchase and I returned them by first class post at my own expense.

  HondaMan 18:04 09 Mar 15

Very annoying, but in reality, unless you can PROVE you did not open the items. The again, you should be protected under the Distance Selling Regs, Sale of Goods Act and other consumer legislation.

Search this site for advice and look up the regs

  morddwyd 19:15 09 Mar 15

My understanding of the DSRs, though I;m sure the FE has more definitive information than I, is that you may return any product within 7 days, simply as "unwanted" and you are entitled to the full purchase price.

In addition they can only charge you postage if this is made clear before the purchase.

  hastelloy 07:44 10 Mar 15

Thanks for the comments - all are appreciated.

HondaMan you are correct in that I cannot PROVE that I didn't open the item but, by the same token, can they PROVE that they didn't send it out in that condition? As I didn't look any further than the first one, I don't know what the state of the others was when I received them. I only know that I returned them in the same condition as when received.

  Forum Editor 09:30 10 Mar 15

Unfortunately this is a case of one person's word against another's. The responsibility for checking the condition of goods received rests with you, the purchaser, and if you didn't do that (and you admit that you didn't) you can hardly make any assertions about how they were packed by the supplier.

My advice is to forget about this and get on with life - you're out of pocket, but not by a large amount. Next time it would be an idea to check the packing very carefully when goods are received. I find it difficult to imagine why a supplier would need to lie about the packing for one item out of four when making a refund.

  HondaMan 09:53 10 Mar 15

These days with the competition for business among delivery firms there is no time to check the condition of anything before having the electronic pad shoved under your nose usually with an abrupt "sign in the box mate". Usually the screen is so scratched and obscured there is no chance to tick the box, even if it exists, which says not inspected!

  Batch 13:43 10 Mar 15

You can always write NOT INSPECTED in the signature box (as well as signing).

  hastelloy 15:24 10 Mar 15

FE

I agree that I am not out of pocket by a large amount but I violently object to being accused of lying.

The supplier is now saying that these came directly from the manufacturer who they have asked to investigate.

These were not signed for and were actually delivered to my neighbour. I accept that, on opening the package, I didn't check all 4 items but this also means I didn't interfere with them.

  Forum Editor 16:50 11 Mar 15

"I violently object to being accused of lying"

I don't blame you, I would feel exactly the same in the circumstances. Checking with the manufacturer doesn't sound to me as if it will produce the result you want, but you never know. I wish you luck, because the outcome is going to depend on that - there's nothing else you can do.

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