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Just after some advice / opinions.
Bought some items online, on the day they arrived I carefully opened the box, slicing open the tape which held it closed. I inspected the items, wasn't happy and contacted the company to return them. They asked why and I said as above and they sent me a freepost label and told me to issue proof of posting to aid the speed of refund. All fine. 4 days later they contacted me to say they would only be willing to offer a 50% refund if the items (in a sealed, non-transparent box) were still sealed. None of this is mentioned on their website, it simply states they must be returned in their original undamaged box and in resalable condition.
I thought I had basically a free right of cancellation in the first 7 days so long as it wasn't a custom order or perishable??
Yeah they are talking poopoo. You cannot inspect the items without opening the box so I think they're on a hiding to nowhere. Convincing them of this though may be a different matter...
Did you buy them as an individual or a business, consumer rights act doesn't apply if the latter.
Assuming you bought them as an individual yeah, 14days from receipt iirc, assuming they're in the UK, outside the UK and your on your own.
You're liable for associated costs though, so shipping both ways and potentially* an admin/restocking/repacking charge etc but they would have to be reasonable.
I bought as an individual buying from an online trader. Ltd Company. Both UK based.
You’re liable for associated costs though, so shipping both ways and potentially* an admin/restocking/repacking charge etc but they would have to be reasonable.
They cannot apply a restocking/admin fee under the distance selling regs. Nor can they deduct their initial postage costs to you.
They cannot apply a restocking/admin fee under the [s] distance selling regs [/s] consumer rights act
Depends on what you've done once received, as I say, potentially they can. You're only entitled to handle the goods in line with how you would in a retail store so opening a sealed box is not, strictly, covered assuming its a retail box not shipping packaging. I can't say I've ever known or can see a company digging in over that but *potentially* there is wiggle room for them to do so.
On receipt of the returned goods, or confirmation that they have been sent by the consumer, you must refund within 14 days, if it is found that the consumer handled the goods beyond what is necessary in order to establish their nature, characteristics and functioning (typically as they would be handled in a retail shop), and if this diminishes the value of the goods by any amount, you are entitled to claim that amount back from the consumer (but you may have to justify this).
Nor can they deduct their initial postage costs to you.
I stand partly corrected, whilst not 100% true, they can't deduct standard carriage costs, overnight etc is chargeable if it was an optional upgrade to the service.
Whilst return shipping is reasonably chargeable, they have to advise prior to the point of sale if you're liable for the return costs. If they don't do that is on then.
I bought as an individual buying from an online trader. Ltd Company. Both UK based.
Tell them to go jump. How did you pay?
@dangeourbrain - fair. Either way in the OPs case it sounds like said company is taking the wee a little...
I wouldn't assume I'd get a full refund if I'd opened the retail packaging.
Are there any mitigating reasons you can offer for doing this before changing your mind about the purchase?
Yeah it sounds that way. My charitable guess is how it's been worded.
Canceling is "I've changed my mind".
Not suitable, not up to scratch, broken etc isn't the same and giving a reason could possibly see it dealt with differently because they ticked the wrong box on the screen.
If the op has mentioned the quality isn't good enough, possibly, they're dealing with it differently because it's logged differently.
Just go back to them with 14 day right to cancel under the CRA, don't give a reason.
OP in assuming this is standard off the shelf kit?
Yes - It's standard gear. Nothing custom. I fail to see how a piece of tape can be 50% reduction...they're essentially asking for £50 for two bits of tape. It would be like me ordering brakes from CRC and when they arrived, I cut the tape keeping the box closed in transit looked at them and said...nah they look really cheap. They weren't cellophane wrapped or anything.
Are there any mitigating reasons you can offer for doing this before changing your mind about the purchase?
Most bigger retailers won't care, by the time you've opened the retail packaging though the item is effectively used, so theoretically you'd be sending it back as faulty etc in which case you'd expect a full refund.
I cut the tape keeping the box closed in transit
They've no wiggle room there. The 50% fee is probably a standard fee on returns outside of the statutory period.
distance selling regs consumer rights act
Both wrong.
The legislation here is Consumer Contract Regulations. Goods bought unseen can be rejected without requiring a reason within 14 days of receipt. CRA would apply if the goods were faulty and DSR hasn't existed in years.
It would be like me ordering brakes from CRC and when they arrived, I cut the tape keeping the box closed in transit looked at them and said…nah they look really cheap.
... which is the whole point. It's to give the consumer the opportunity to look at the goods in the same manner they'd have been able to in a regular shop.
Ask them to confirm in writing that they're refusing to honour your statutory rights.
The legislation here is Consumer Contract Regulations
Quite right.
... and I know it may sound like I'm splitting hairs but it's actually really important. Because if you're returning something under CCR, under CRA, or under warranty then in each case your rights and processes are quite different. Which then leaves an open goal for the sort of attempts at ****ery that the OP is currently experiencing.
Back when I worked in support the single biggest shibboleth that a customer didn't know their rights was them going "I KNOW MY RIGHTS!" That's why I took an interest in consumer rights in the first place, because it seemed prudent to actually know their rights if they were going to try to argue about it.
Entirely.
I'm my defence guvnor, I think I'm just so used to correcting DSR to CRA that I was on autopilot.
I feel your pain.
And so this rumbles on. They will not budge on their 50% reduction. The company is Eaglemoss ltd as found from the favourite starships thread. I bought a gift for my Sci-fi obsessed mum, but when they arrived they felt cheap and of poor quality. The return was agreed within 3 hours of their arrival. Only later did they hit me with the 50% figure. This is not mentioned in their returns, nor is it mentioned in their terms and conditions.
[url] https://shop.eaglemoss.com/ [/url]
[URL] https://shop.eaglemoss.com/terms-and-conditions [/url]
I'm not sure where to go now. They have my goods, they have my money...they refuse to refund more than 50%.
I went through small claims court with something similar. TBH it was a royal pita but the immense satisfaction of being told that the bailiffs had gone round, and were Court authorised to remove objects of value up to £2.5k from the offending shopfloor when it opened was mighty satisfying.
Got my cash the next day.
Point out they're in breach of consumer legislation - specifically the Consumer Contract Regulations as advised by cougar above - and your next step will be the small claims court.
Suggest you send the CCR to them - for the avoidance of doubt.
As well as threatening small claims action it may be worth talking to Trading Standards also. They are clearly in breach here so worth pursuing.
Note the Small Claims Court is an excellent service and something to be used when necessary IMO. They may just pay up once they receive the Court notice and you can do all of it online.
If you paid by credit card and it was over £100 can you not contact the card company and make use of the Section 75 protection?
Collectables that are now not mint in their sealed box....
Good luck with that .
Collectables that are now not mint in their sealed box….
Good luck with that .
They're not rare, infact they're still in-stock items - the "seal" is a fiece of tape and can be replaced. It's not like an opened blister pack. Also, there's no exclusion to CCR for collectables and according to both WHICH and the now defunct OFT, opening the box is not inconsistent with shop handling.
"Under the Consumer Contract Regulations 2013 I am entitled to reject goods purchased unseen within 14 days of receipt. You are legally obliged to refund said goods within 14 days of receipt of return. Please can you confirm that you are refusing to honour my statutory rights?"
* Insert comic book guy sarcasm *
Opened is opened.
Just to close this out - They eventually refunded the whole amount, but only after lying to me on several occasions and eventually being threatened with the Small Claims Court.
Good stuff
Had a similar thing to the OP. Company said i could return within the first 14 days, When i tried to do this they said they would only give me a credit note. Is that allowed under the regulations?
Absolutely not.
Technically - they're not. BUT, it seems to depend on how you write your request. If you ask to cancel the order within the 14 day period, there should be almost no argument. If you ask to return the goods within the first 14 days...they may treat it as a return, so subject to a different process. It's a d1ck move, but it seems to be happening more and more. They are allowed to make "reasonable deductions" from your refund to cover certain costs, but this should in no way be used to allow an imbalance in the fairness of the contract. In my case, this imbalance was clear - they had the goods returned before they told me of the terms for the return and their reasons for the deductions and specifically the amount of the deduction wasn't fair or balanced. At the SCC - they wouldn't have had a leg to stand on.