Folksy Ltd

Returned item damaged by customer. Can I give partial refund?

(Violet May) #1

Hi,

A customer purchased four prints at the beginning of January. He held onto them for a while before deciding he no longer wanted them.

He returned them to me with a note explaining he had changed his mind. They were in the original packaging but not secured. All of the prints have a crease running through the middle and one print has a mark on it. They have clearly been handled. I can’t sell them again.

Can I give just a partial refund to cover my costs? I googled my question but now I am feeling confused!

Thanks!

(Roz) #2

I would have thought that items should be returned in original condition in order to receive a refund although I can’t find anything in Folksys t&c’s that states this - might be worth checking with admin. I would take photos of the items in question asap.

1 Like
(Jacqueline Ostrowka) #3

If his note says he changed his mind then they obviously were not damaged when he received them, i would take photo’s as Roz has said including packaging, does it state in your terms and conditions about returns and items being sent back in the condition they were sent in and the original packaging.
if you are unsure about what to do you could always get in-touch with trading standards and get their view, as you say they are now damaged goods, un-sellable,

1 Like
(Shirley) #4

I’d be inclined to check what the current Distance Selling rules say your legal obligation is. I think the goods have to be returned in their original condition, so as they are now damaged I don’t think you do have to refund at all.

Okay, I just looked up the rules in this “gripping read”: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

The bit that applies in this situation says:
“Online and other distance or off-premises traders will be able to withhold refunds until goods are returned (or evidence of return is provided) and they can reduce the amount of money refunded for goods returned which show evidence of use beyond the handling necessary to see whether the goods are as expected.”

So, yes, you can legally reduce the amount that you refund. But I’m not totally sure if you can refuse to refund for things that are now unsellable.

1 Like
(Susannah Ayre) #5

They always have to be returned in original resellable condition for larger retailers to give a refund so don’t see why we have to be any different. I wouldn’t issue any refund. He hasn’t said they were damaged when he got them. And then he would have to return them within so many days if they just weren’t to his liking.

1 Like
(Violet May) #6

Thank you all for your help!

You have all said what I was thinking so now I feel confident enough to contact the buyer.
Thank you FfigysDesigns for the link. I will have a read and use that to back myself up.

Thanks you wonderful lot!

(Eileens Craft Studio) #7

You don’t owe the customer a refund they have to be returned in the condition they were sent it in order for the customer to receive a refund.

The customer will have to make a claim with the post office if they were damaged by the Royal Mail. You can’t do that as you didn’t buy the postage the customer did.

Also the customer should have returned it via a trackable method.

See your paypal seller protection.

You should not be out the money and the item due to the customer not taking due care and attention to repacking the item in order to return it to you.

2 Likes
(Violet May) #8

Thank you EileensCraftStudio!

(Eileens Craft Studio) #9

Oh be willing to take photo’s of the damaged product in case the customer needs them to make a claim with the Royal Mail.

2 Likes
(Violet May) #10

Did that. Thanks!

(Christine Shephard) #11

If it’s just a change of mind, he has up to 14 days to contact you, from the date he received them, to tell you he doesn’t want them. After that, you don’t have to refund unless you want to. The goods have to be treated carefully while in his possession and returned unused and packaged well enough so they don’t get damaged in transit - they don’t have to be in original packaging, but you can reduce the amount of refund for any loss in value while in his care. If they were damaged in transit, he needs to claim from Royal Mail, assuming he got proof of posting etc. If not, it’s his loss.

2 Likes
(Violet May) #12

I have received a reply from my customer!

"The prints were like that on arrival. We put a book on them overnight and the crease flattened out. As such, we’d consider a full refund appropriate. "

I would assume I have a good case here. If that was the case, he should have complained in the first instance.
Having worked with prints for many years, never have I been able to save a creased print!

Gah! Not worth the hassle!

(Eileens Craft Studio) #13

If that where the case he would have said that was the reason he was returning them rather than say he changed his mind about wanting them.

I smell something iffy here.

You have his message as evidence don’t delete it should he try to bring a case in paypal now saying he received them damaged. As his first message for returning them will be the one paypal will take notice of. Sorry you have been put into this situation. :frowning:

Do not let him bully you as he’ll see this is the way to go with others as well. There’s customer service and there’s being a doormat.

I’m sure if there was a problem he’d have contacted you straight away to let you know the prints were damaged in transit. You don’t as a customer try to rectfy a damaged item you contact the seller as you lose all rights to a refund if you attempt if you go down that route.

6 Likes
(Jacqueline Ostrowka) #14

I’m In total agreement with Eileen, you have your original message, and now he’s changed it, definitely something iffy.
Don’t allow yourself to be drawn in to thinking that the customer gets everything they want when they are clearly in the wrong, whether it’s a couple of pounds or a substantial amount, whether you run as a business or a hobby there are sellers and buyers protection, he is clearly in the wrong and you have the right for protection, please stand firm and use the evidence you have.

5 Likes
(Marg) #15

I think these posts are the main reason why we want a sellers only section. Your buyer could be reading this post.

2 Likes
(Eileens Craft Studio) #16

There’s nothing wrong with this thread it’s all the correct instructions, and is useful for all sellers and buyers to know what the laws are on returns.

7 Likes
(Diane Burton) #17

Maybe if he does see it he will realise he is in the wrong for either not notifying Violet @CassiaBeckCollage of the damage on arrival (if there was any) or returning unwanted items out of the 14days returns policy and damaged.

2 Likes
(Violet May) #18

The forums are here to help us with any issues that arise in our shops and it is great to get different views.
It will also help other sellers if any problems like this arise for them. I agree it would be better if this part of the forum was for the sellers eyes only but that is down to Folksy.

I would never name and shame, I am simply looking for some advice.

3 Likes