UK consumers have significant rights when it comes to product returns, so you need to be aware of your legal duties and responsibilities as a small business. Consumers have rights when the goods they purchase are faulty or not as described by the seller. As a retailer, your customer returns and refunds policy can add to these statutory rights, but it may not take away from them.
The Consumer Rights Act 2015 came into force on 1st October 2015. Prior to this date, consumers were protected under the Sale of Goods Act 1979. The legal rights of consumers who purchased goods before the new Act came into effect are protected under provisions in the old Act.
Does my business have to accept returns?
Under the Consumer Rights Act 2015, your consumers may be entitled to a refund, replacement, repair, and/or compensation if the goods they purchase from you are faulty, not as described, or don’t do what they are supposed to do. The same rules apply, whether the goods are purchased at full price, in a sale, or with a discount voucher.
Furthermore, your customers are entitled to a full refund and/or compensation if you had no legal right to sell the goods. Therefore, if you sell or supply any goods, you must understand your obligations under the Consumer Rights Act 2015.
There are different rules for other situations. For goods bought in-store, there is usually no automatic right to return goods if the consumer purchased the wrong size of garment, or they simply changed their mind. However, there are exceptions for distance selling and off-premises sales, i.e., goods that are bought by mail order or online, and certain goods sold to a consumer whilst visiting them at their private residence.
Distance selling
Customers who buy goods online, by mail order or telephone, by text or fax, or through digital TV, have the right to cancel their order for a limited time for any reason, even if the item is not faulty. These types of sales categorised as ‘distance selling’ and the seller must adhere to the following rules:
- A full refund must be offered to the customer if they inform you within 14 days of receiving an item that they want to cancel. The customer has a further 14 days to return the item after notifying you.
- The customer must be refunded within 14 days of the returned goods being received by you. The customer is not required to provide a reason for the return.
- You must provide information to the customer, before and after an order is placed, about their right to cancel within 14 days of placing the order.
- You must tell the customer who is responsible for paying for returns. If you do not, you will be liable for the return costs.
Summary of Consumer Rights
The introduction of the Consumer Rights Act 2015 brought about a number of changes that affect both businesses and consumers.
A consumer rights summary has been produced to give a general overview of the key consumer rights. It focuses on the most common issues for goods bought in-store or at home (i.e., online, by phone, off-premises sales).
Goods bought in a shop:
Goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of the item, the consumer is entitled to the following:
- Up to 30 days – an immediate refund if the goods are faulty
- Up to 6 months – a full refund in most cases if the goods cannot be repaired or replaced
- Up to 6 years – some money back if the goods do not last a reasonable length of time
Customers who purchase goods in-store do not have a legal right to a refund or replacement just because they change their mind, but most businesses offer refunds in such circumstances.
Services paid for in a shop
- Consumers can ask the seller to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if it cannot be fixed
- If no price was agreed beforehand, the consumer must only be asked to pay what is reasonable
- If no time was agreed beforehand, the service must be carried out within a reasonable time
Goods ordered at home
The Consumer Rights Act 2015 says goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of the product, the customer is entitled to the following:
- Up to 30 days – If the goods are faulty, a full refund
- Up to 6 months – If it can’t be repaired or replaced, a full refund in most cases
- Up to 6 years – If the goods do not last a reasonable length of time, some money back
As per the Consumer Contracts Regulations 2013, a consumer who purchases goods online has up to 14 days after receiving their goods (in most cases) to change their mind and be offered a full refund.
Services ordered at home
- Customers can ask the seller to replace or fix the service if it is not carried out with reasonable care and skill, or get some money back if it cannot be fixed
- If a price has not been agreed upfront, the price the customer is asked to pay must be reasonable
- If a time has not been agreed upfront, the service must be carried out within a reasonable time
As per the Consumer Contracts Regulations 2013, the customer can cancel a service within 14 days. If they have agreed that the service will start within this timeframe, the customer can be charged for what they have used during that period.
Digital content ordered at home
Digital content must be as described, fit for purpose and of satisfactory quality.
- If the digital content is faulty, the customer is entitled to a repair or a replacement
- If the fault cannot be repaired, or if it has not been fixed within a reasonable time and without significant inconvenience, the customer can get a full or partial refund
- If the customer can show that the fault has damaged the device and that the seller failed to use reasonable care and skill, they may be entitled to a repair or compensation
As per the Consumer Contracts Regulations 2013, the customer has 14 days to change their mind and get a full refund on digital content. They do not have this right to cancel after a download has started if they have been told this and the have acknowledged it.
When you do not have to offer a refund
You do not have to offer refunds to customers in the following circumstances:
- They were aware that an item was faulty when they bought it
- The item was damaged whilst the consumer was attempting to carry out a repair. They may still have the right to a repair, replacement, or partial refund
- They no longer want the item (e.g., wrong size, wrong colour, or they have simply changed their mind) unless they bought it without seeing it.
You have to offer a refund for certain items only if they are faulty, such as:
- Personalised and custom-made items
- Perishable goods like frozen food or flowers
- Newspapers and magazines
- Unwrapped CDs, DVDs, and computer software
Repairing and replacing goods or services
If a customer discovers a fault with an item after they have ‘accepted’ it, the seller may still have to repair or replace the item. Goods are ‘accepted’ if the customer tells you they have accepted or altered the item. The customer is under no obligation to accept the goods after replacement or repair – they can still reject the item.
Sellers are legally required to repair or replace a product if the customer returns it within 6 months of purchase unless the seller can prove that the item was not faulty when it was purchased. A seller has the right to ask the customer to prove that the goods were faulty at the time of purchase if a repair or replacement is requested after 6 months.
Customer returns and refunds statements you cannot make
You cannot remove or restrict consumers’ legal rights to return goods or services or refuse to provide a refund, replacement or repair that contravenes their statutory rights. It is also a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008 to mislead consumers about their statutory rights. For example, you cannot state the following:
- No refunds given
- No refunds given except where goods are faulty
- Goods can only be exchanged
- Only credit notes will be given against faulty goods
- Sold as seen
The above types of statements are prohibited, even if you included a disclaimer such as ‘Your statutory rights remain unaffected’. This would be misleading so just don’t do it!
Creating a returns policy for your business
Sellers have no legal requirement to state or display information about their customer returns and refunds policy unless they provide the consumer with more than the law requires. If you do offer more than the legal entitlement, you can add your own conditions, such as:
- The need to produce the original till receipt
- The need to return the goods unused and in their original packaging
- A deadline for returns
- An offer to exchange or offer a credit note, but not to refund
Do remember that these conditions must not affect the consumer’s statutory rights to return goods. It is a good idea to add a statement like ‘This policy is offered in addition to your legal rights’ to avoid misleading the consumer.
Hello,
I purchased from a small online retail company a pair of trousers.
My original order was tracked and signed for. However, I did not receive the order on the day of delivery. The only people who live in the house is my partner and myself. We were both away on the day the item was ‘delivered’, a fake signature was provided along with my surname (assuming it was the delivery man). I emailed the retailer within the initial 14 days, to which they took time to respond, claiming my email was in their spam mail. After a couple of reminder emails sent, the retailer sent the same order without any communication. This time I received the parcel, and I returned the parcel within the 14 days of the item being delivered to me. I have received an email from the retailer confirming they have received the item.’ However, the item has not been taken out of the see through packaging, so what is wrong with the item?’
– Please can you advise if I need to provide a reason? This makes me believe they are looking for a ‘faulty excuse’ – the reason for the return is because of the delay it has taken to receive the item & it is not what I was expecting against the photos online
– Please confirm if the 14 day cooling off period only begins once the item has been physically received by the buyer? When the stolen parcel was originally delivered against returning the 2nd item, this would have been longer than 14 days, but the communication between retailer was very delayed. Everything on my end was handled as soon as possible.
– They sent a basic returns email of their expectation of how the item should be returned, but no mention of them saying we will be asked for a reason.
Thank you for your comment. Unfortunately, we are unable to provide legal advice and would recommend that you get in touch with a solicitor or the citizens advice bureau who will be able to assist you with next steps. In general, the 14 day cooling off period starts once you have received the item and you do not need to give a reason to cancel during this period.
Kind regards,
The QCF Team
If you send a phone off for sale in its original packaging and decline the offer received from the purchasing company, can you legally expect the return of the item in the condition it was sent as no contract was formed/agreed?
Can they rely on simply stating we recycle the boxes, when they haven’t actually agreed the purchase and in fact have varied the offer made to purchase?
Thank you for your kind enquiry.
We are unclear what you mean by purchasing company – can you elaborate?
Kind regards,
The QCF Team
Hello! A customer returned a book to us using only the wrapping foam and a plastic mailer bag. They claim that the cardboard box it arrived in (in addition to the foam and plastic mailer) was ripped and could not be used, but did not communicate this to us prior to sending the book.
It obviously arrived damaged and is unsellable. The customer is still demanding a refund, but we have suffered complete loss, and we state in our T&Cs that the returns must be intact. Can we refuse a refund and offer a gift card as goodwill gesture instead?
We take great care in sending our books out so that they arrive in the best condition, the carelessness this customer took in sending a return is shocking to us.
Thank you for your kind enquiry, Rita.
In general terms, the customer has to return the item in a similar condition to how they received it. If they have used poor quality packaging and the item is now damaged as a result, the seller would not be liable to receive a refund. However, you would have to be confident that the customer would not take you to court and that a judge would view your argumentation as reasonable to not provide a refund in this instance. There is nothing in the legislation regarding refusing a refund but offering another form of compensation instead.
We trust this information is of use to you.
Kind regards,
The QCF Team
Firstly thank you for replying to customer comments on here, it’s really good to see.
I have recently sold a confectionery product to a customer who says she had a hair in it. I asked for a picture of this to verify that there was an issue (as we would always refund and replace in this instance!) and she said she had thrown it away. Without this I of course could not offer her a refund. and I confirmed our policy for the online business (that she had contacted) that we can’t replace a confectionery product that has been disposed of, and please contact us if there are quality issues with the product.. The customer said “You state your terms and conditions yet their were no terms and conditions on display in that store, which must be on clear display for customers/potential customers to read at all times as per the Consumer Rights Act 2015.”
This is not something I’ve heard of before – we are a very small confectionery shop and the product was sold loose. I’m happy to make a small sign for this, but can I confirm should I have a sign up somewhere saying ‘Any quality issues please get in touch, we cannot assist with disposed chocolate (or chocolate that’s been eaten!)’?
Thank you for your kind enquiry, Zani.
In general terms, we are not aware of the requirement for the terms and conditions to be displayed in a store. The Consumer Rights Act has a general rule that to be eligible for refund, the item has to be returned. This would include the scenario you have described, as the purchaser is not providing any evidence that the item was indeed faulty.
However, we are not experts in every area of legislation relating to the Consumer Rights Act 2015, and we would suggest reading the entire legislation before proceeding with any further action.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi, I manage a small religious charity shop which also sells new products. I had a customer come in to complain that a Tibetan singing bowls she had purchased, not longer worked. We always ask the customer to try out the bowl before purchasing so they can hear it and we can show it was intact when sold. I’ve asked her to bring it in, but she became argumentative when I asked if she had bumped or dropped it and started to demand I contact the manufacturers and that she knew her rights.
Does the customer testing the item at purchase, qualify as proof that the item wasn’t faulty or damaged? I’ve instructed my team that by law we will have to offer a repair or replacement, if the woman returns with the item. Any advice?
Thank you for your kind enquiry.
A customer testing an item at purchase does not automatically prove that the item was not faulty. If an item develops a defect within 6 months of purchase, and a reasonable purchase could judge that the defect should not have occurred during that time period and was due in some way to a fault with the manufacturing process or product quality, the Consumer Rights Act protects the customer in this instance. We would suggest you would need to ask yourself if a reasonable person was conclude the fault was caused by the customer or by the product itself, and then make a judgement if you wish to refuse a refund or not.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hello,
I bought a service from an online fitness coach who mistakenly charged me for an additional month. The coach agreed to refund me, however it has been one month and I have not received the refund yet and she has stopped replying to my messages. What avenues do I have to collect this refund?
Thank you for your kind enquiry, Nadien.
There are generally three avenues you can use to potentially get your money back:
1. Post a negative review or reviews on review platforms used by the fitness coach, in the hope of triggering them to refund you the money
2. Issue a claim against them using Money Claim Online
3. Issue a Chargeback using your card issuer (usually you are only able to do this if the payment was made by credit card)
The route you take would usually be determined by the amount owed. Please note: issuing a chargeback may affect your credit rating.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi there,
We moved premises in May and a customer has returned to our old address in June, unit is empty but apparently it was signed for by a name of no one that works for us, customer is threatening trading standards if we don’t refund but we do not have the goods back and return addresses we’re updated on our website at time of move. The PayPal case she opened has been closed in our favour but wondering where we stand, do we have to refund still? Customer is throwing all sorts of threats at us, can she not file a claim with Royal Mail?
Apologies if this isn’t something you can answer.
Thank you for your kind enquiry, Danielle.
To allow us to answer your query, can you clarify if the customer requested a refund within 14 calendar days of their purchase?
Kind regards,
The QCF Team
Hello
The customer did not request a return or notify us of it like our website asks but yes the return postage date was within 14 days. Since my last message the royal mail tracking has been updated to ‘returned to sender’ (customer) and customer has started a small claim against us. Very concerned that court will side with customer and we will lose the money and she will also keep the goods, can’t find anything online with a similar situation.
Thank you
Danielle
Thank you for your follow up comment, Danielle.
Can you confirm whether the customer made a direct request for a refund? If they have not engaged the refund procedure within 14 calendar days of purchase, the court is likely to side with you in any dispute.
We look forward to hearing from you.
Kind regards,
The QCF Team
Hello
Thank you for your prompt replies.
No the customer did not directly notify us of the return however we can see from the Royal Mail tracking she has since provided as evidence to the small claims court that the package was shipped within this timeframe, so obviously if we had received the package we would gladly have refunded. However the customer ordered 3 items and is claiming for all 3 but the package is on its way back to her (or lost with Royal Mail) so we have no way of knowing whether she returned all 3 items or just one and she is now claiming for all 3. I am really baffled as to why the court system is even considering this as a viable claim, unless no-one has actually looked into the details of it yet. This is why I am concerned as it seems so clear that legally we do not owe her the refund but it has not been dismissed yet.
Thank you
Danielle
Thank you for your kind follow up comment.
In general terms, the Small Claims Court will not look into the merits of a case until it is taken up by a judge. It will not be dismissed until it has been heard by a judge.
Ordinarily, you will be offered the chance at mediation before the case goes to court. This may enable you to get the item returned in return for a refund, if that is your preference.
We trust this information is of use to you.
Kind regards,
The QCF Team
Kind
How can I get my refund from Uber eats concerning my order that sonic messed up I am pissed and very dissatisfied with my order
Thank you for your kind enquiry, Latasha. We would recommend contacting them via the Uber Eats app.
Kind regards,
The QCF Team
Hi,
If my online clothing brand offers limited edition items such as a design that will only come out once with unique lables on it such as: No.13/45 etc and the customer wishes to refund it with no reason is that allowed?
Also in another scenario, If I were to offer an option to pick custom color, design, aswell as design dimensions and design location on the clothing, would that constitute as custom made? as the design will be handcrafted and stiched in my studio after the customer has picked out all the mentioned design aspects, making it unique to their taste.
Thank you for your time.
Thank you for your kind enquiry, Vala.
Based on the scenarios you described, scenario one would not constitute ‘custom items’, and would therefore have the standard refunds criteria applicable for returns – for example, returning the items for a refund without needing to provide a reason.
Scenario two, however, would constitute custom-made items and therefore refunds would only be applicable on the basis of the items being ‘faulty’.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi, I have a vintage shop and have recently sold a 70’s coat via instagrams. I shared full description and photos. The customer has asked for a refund as ‘it’s mire suited to a younger person’? Do the rules apply to secondhand clothing? Many thanks
Thank you for your kind enquiry, Angela.
In general rules, the normal rules prescribed in the Consumer Rights Act 2015 apply to second hand clothing. As long as the customer is requesting a refund within 14 days of purchase, and is willing to send the item back to you, you are required to provide a refund.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi, could you help please? I purchased kitchen flooring and a doorstrip from a supplier and used their approved installer but paid him separately. Prior to supplying the materials, 2 men came out from the company to assess and measure the floor. The installer told the supplier that the doorstrip wasn’t the correct profile to bridge 2 floors of differing levels but it was laid regardless. It became unstuck and had to be re-glued by the installer after only a few weeks. He informed the supplier. It has become unstuck again and damaged some tiles. The installer has returned and said that we need a custom made timber one. The supplier has said that they will supply the wood but that we must pay their carpenter for travel and time making the strip. Can they legally do this? Who is to blame, the supplier or installer? Thank you.
Thank you for your kind enquiry, Janet.
The answer is dependent on who you paid for various services – did you pay all monies to the supplier, or some of the monies to the supplier and some to the installer?
We look forward to hearing from you.
Kind regards,
The QCF Team
hi I went to see a caravan but they been to busy to run a check with me . so i was asked to pay a deposit of 25% of the value price . and they said they will run a fully check of it . and if is any considerable damage they will let me know . So I can chose if I still want to buy it or not or fix it. now my question is . if the actually caravan is having expensive repairs to run to . thing than was not on the advert company (all run ok) and they did not allowed me to fully check the caravan . Can I ask for my deposit back?
Thank you for your kind enquiry, Alin.
In general terms, if the caravan has what a reasonable person would deem as a significant fault, you would ordinarily be due a refund of the deposit in this scenario.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi,
I wonder if you are able to help.
I purchased a custom made door, which was advertised as black in colour. However we received a black woodgrain effect door. Nowhere on the purchase page or order confirmation did they mention that the door would be woodgrain effect. The company are unwilling to allow a return as the door is custom made and have said it is our fault. They directed us to a page ‘about us and then ‘materials’ which states that they use woodgrain effect. However shouldn’t it be more obvious when purchasing something?
Any advise is appreciated
Thank you for your kind enquiry, Holly.
In general terms, items that are custom-made can only be eligible for a refund if they are deemed faulty within the first 6 months of use. With regards to how obvious the vendor should have made the fact that the door was a woodgrain effect is subjective, and you would need to determine if a reasonable person would agree or disagree. This is because, if the vendor refuses to issue a refund, you would be required to take them to court to obtain a refund, and the judge would make a subjective judgment whether the information was displayed in a manner deemed reasonable.
We are sorry we cannot be of more assistance regarding this matter.
Kind regards,
The QCF Team
Hi there,
I have a situation here in which I work with extremely delicate occasion wear, party wear and special events garments made of fine fabrics and embellishments such as rhinestones and feathers. The garments requires highly maintenance, that said we also provide the guidance for ‘ After Care’ and spare bags of garments accessories for replacement e.g. rhinestones, buttons, beads etc.. We also can provide the maintenance services at small fee upon customer request. All this information is given to the customer, despite all these information, I have experienced lots of customers who wear the garment, return it in a worn and poor condition presenting signs of miss use like alcohol stains, make up stains, fake tan stains, strong perfume scent etc.. After these customers wears the garment, they return it in poor conditions and request full refund, with a excuse of one of the gems has fallen off from the garment, mostly of the cases the rhinestones which requires special care and also can be replaced as the garment is supplied with spare gems for maintenance. What decision to take? how I can, make a decision that is fair for me and for the customer? I feel that is unfair and lately is dragging my mental healthy down, I mean I don’t want act unlawful, but also I think customers are taking advantage of this. Please help
Thank you for your kind enquiry, Agatha.
In general terms, for non-custom made items of clothing, the buyer has the right to return if the item is faulty, even if they have worn it at least once. In general terms, an item would be deemed as faulty if the item could only be worn once before being damaged, for example. Faulty is a subjective condition, and unfortunately is not defined specifically in the Consumer Rights Act. We would recommend factoring this in to any decision to not refund the item, as a customer may take you to County Court and win, and also may damage your reputation online and/or offline.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi I have received a badly damaged & discoloured unit , the company has now said they will refund my money if I return damaged item at my own cost. Due to it being a piece of furniture it’s heavy & expensive to return. I have refused due to me being out of pocket for faulty goods. Where do I stand with this? Thanks in advance.
Thank you for your kind enquiry, Kate.
The seller would have to stipulate in their terms and conditions that the buyer is responsible for delivery costs of returning a faulty item. If they have not stipulated this in their terms and conditions, then they will be required to reimburse you for postage costs, as per the Consumer Contract Regulations.
We trust this information is of use to you.
Kind regards,
The QCF Team
If a company is not obliged to offer a refund for goods that are returned (e.g. non-faulty goods returned after 2 months when company policy states 28 days) and refuses to refund are they them obliged to send the goods back to the customer?
Thank you for your kind enquiry, Rob.
In an instance where the customer has requested the goods to be returned to them where they have returned them but are not due a refund, there is nothing in relation to this particular scenario prescribed in the Consumer Rights Act. We would recommend therefore that you take a commercial view on this matter and work out whether the customer were to damage your business’ reputation for witholding sending the item back would be worth not doing so.
We are sorry we cannot advise further regarding this matter.
Kind regards,
The QCF Team
I’m an online retailer of refurbished goods (a small business) and a customer purchased an item from me and then claimed it was faulty (the evidence provided doesn’t show the fault he described). He also said in a message that he thought it was new, so he didn’t read the listing before placing the order either.
I have advise him to open a return where we will provide him with a free return label. I advised him that he will need to take the packaged return to his local drop off location which I gave him a list of his local shops.
He has refused and said that as he is disabled we must collect the item from his house and he will not be dropping it off.
We don’t offer a door to door collection service for returns. Our returns courier does not offer this service to us either.
What should I do?
Thank you for your kind enquiry, Clare.
In general terms, it is the customer’s responsibility to send the item back to the seller when they are requesting a refund. The method of doing this is not prescribed in the Consumer Rights Act 2015. If something is not prescribed in legislation, a judge in a Small Claims Court would rule based on what would be considered ‘reasonable’. In this instance, it would not normally be considered reasonable for the item to be collected, unless the seller was located close to the customer or the item was very large.
Can you advise on the size and weight of the item which you sold the customer?
Kind regards,
The QCF Team
I have an interesting situation you might be able to help with. A customer made an online order. The order was sent in good time and the tracking said it was delivered and a signature in the name of the customer was recorded. The customer said the items didn’t arrive. Out of courtesy I sent a replacement. He now says he wants to return the items for a refund. It’s been well past 14 days since the original order was said to have been delivered. I sent the replacement out of courtesy. In this instance, I feel I don’t need to refund the customer. Your thoughts?
Thank you for your kind enquiry, Jock.
In general terms, the scenario is dependent on whether the first item sent could reasonably have been considered to have been received by the recipient. If you have evidence of a person at the exact address of the customer signing for the parcel, we would suggest that you have reasonable evidence that the item was delivered successfully, and if someone else at the property has misplaced it or stolen it, this is beyond your liability.
On this basis, the customer then has 14 calendar days from the data of purchase to request a refund, unless they are citing that the item is faulty. If they make a request after 14 days and the item is not faulty, you are not obliged to provide a refund. It would therefore appear from the scenario that you have described that you do not have to provide a refund.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hello, this is all so helpful thanks! I am about to run a closing-down sale for my online store. After a months’ sale the business will close! What are the consumer’s rights if they want to return something after the store has closed?
Thanks
Thank you for your kind enquiry, Emma.
This will be somewhat dependent on the trading status of your business. Are you running your business as a limited company?
Kind regards,
The QCF Team
Hi there, yes it is a Ltd company
Thank you for your clarification, Emma.
In general terms, your limited company will be required to adhere to the Consumer Rights Act 2015 as long as the company is still in existence. So if the company has now formally dissolved on Companies House, even if it has closed the online store, you will still be legally required to provide refunds to customers if they request them and have a right to them.
Have you started the company dissolution process?
Kind regards,
The QCF Team
Hello,
I am an individual selling “Print On Demand” items to customers, whereby I have a selection of available designs to be placed on clothing items, and when a customer purchases a design and item, then it is printed on demand by the manufacturer, and shipped to customer.
I don’t hold any actual stock of the item myself, due to the “print on demand” nature. The item is being printed only when the customer orders.
Does this class as “custom-made” meaning I don’t have to accept returns? In theory, the finished product would not exist if the buyer had not purchased, as it is only created once an order is placed. I’m not sure how it would classify under the UK law on returns though.
Any advice is appreciated.
Thanks,
Dale
Thank you for your kind enquiry, Dale.
Given the scenario you describe, we don’t believe what you are providing is a ‘custom’ item, but a range of items with on demand printing and delivery, which is different. Custom would be made for the specifications of individual users (as be somewhat unique for each user).
Therefore normal return procedures would apply.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi there,
I need help with this as soon as possible.
A customer ordered 250 cotton bags which were screen printed, After the customer received the item they claim they are not happy with the results. The customer said (I am disappointed with the quality, I can’t use the bags).
I’ve responded to him with our policy
(*Digital Proofs and Ink Colors*
Digital displays may cause colours to appear lighter or darker than they are in person.
Ink colours may appear slightly different based on the garment they are printed on.
Custom colours can be mixed as close as possible for no charge, but we cannot guarantee an exact match without ordering a PMS Matched colour.)
I also explained to the customer that different garments react differently with inks and that he chooses his garment.
The customer is still not happy as he is saying it is unacceptable to receive poor quality production.
As it was a weekend I didn’t respond to any calls from the customer which got him more pissed off.
He left an online bad review on the business page and he is threatening to take the matter to small claims court.
What are my options? if anyone can help out with this it would be much appreciation
Kind Regards.
Thank you for your kind enquiry, Mohamed.
In general terms, if an item is custom-made, the only reason it can be returned with a refund is if the item is ‘faulty’, in which case a customer has 6 months to request a refund. It is clear there is a dispute between you and the customer as to whether the item could be deemed faulty. In general terms, for an item such as this, the difference in colour would probably have to be significantly different to the one ordered to be deemed ‘faulty’.
Unfortunately there are few specifics in the Consumer Rights Act with regards to specific scenarios relating to this, so you may have to make a judgement call or seek legal advice in relation to whether or not you would lose a Small Claims Court claim against the customer in this scenario.
We are sorry we could not be of more help in this instance.
Kind regards,
The QCF Team
Thank you very much.
If a customer is taking a matter to court, can they talk bad about the business to the public for example leave a bad review?
Thank you for your kind enquiry, Mohamed.
There is nothing preventing a customer posting a public negative review and separately taking the company to court. As Small Claims Court cases do not include jury members, it is unlikely that anything written in the public domain by the customer would prejudice the judge’s decision, as judges are impartial arbiters.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi
We bought a top of range Samsung Curved Qled 55 inch TV from Curry’s PC World for £ 2195.96. It came with 5 years extended warranty from retailer. A defect was noticed after 4 years. Curry’s picked up for repair under warranty but claim it cannot be repaired. They cannot provide replacement as curved TV model not produced any more. They are offering store voucher for £1199 to get an alternate flat screen TV. They will not engage further. What alternatives do I have? Can I take them to small claims court to recover remaining amount please? What does the law say for extended warranty?
Thank you for your kind enquiry, Germoglio.
Your insurer (or the insurer providing the extended warranty via Curry’s PC World) providing the extended warranty may have certain restrictions in your policy in relation to whether a full payment will be made in lieu of a replacement – for example, after a certain number of years. You may also have to factor in an excess.
Should the insurer not have any clauses of this nature, they should be liable for the full amount of the value of the purchase, in which case you would be within your rights to take them to Small Claims Court for the remaining amount.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hello,
I sell tables online that are made to order. Do I have to offer customers a refund or exchange if they don’t like the item or have changed their mind on the size?
Our tables are delivered by white glove couriers with the UK only. They set the tables up and ask the customers to inspect them for damages before signing a delivery note stated goods have been received in good order. I have a customer who has asked us to pack the items and deliver the to an address in London from where she will then ship them on to Ireland, something she will be arranging herself. It’s not something we usually do as our tables are delicate (marble) but we have obliged. This however means that she will not be able to check the condition of goods before they are transhipped by her. What happens if they arrive damaged in Ireland but she says they were damaged before? Can I get her to sign a waiver that as she is not going to check the goods as per our normal terms, she cannot claim fault with them.
Thank you
Sasha
Thank you for your kind enquiry, Sasha.
Unfortunately it is not possible to enter into a valid contract with a customer which includes the waiving of rights that the customer automatically has the right to as part of the Consumer Rights Act 2015.
In this instance, the automatic right bestowed upon the customer is that they can request a refund if the custom-made item is ‘faulty’, with 6 months of purchase. Other than refusing to sell the table (which you are within your rights to do), you cannot enter into a legally binding contract to deny the right to the customer to request a refund for a faulty item, once opened in Ireland.
We trust this information is of use to you.
Kind regards,
The QCF Team
We have a customer that purchased 2 advent calendars that contain high end confectionery, they have emailed asking to return one of them for a refund. While we’re happy to proceed with that, we are extremely concerned that the advent calendar has to be packed in such a way to prevent damage. If it comes back to us damaged and unsaleable (bearing in mind these are £50.00 RRP) we stand to be significantly out of pocket. Are we able to specify that the goods must be returned in saleable condition as unwanted clothes have to be?
Thank you for your kind enquiry.
In general terms, a customer is only eligible for a refund for a non-perishable food item if it is returned to the vendor unopened and unused. If the method of transit is unsatisfactory, the customer may blame the choice of delivery service, and this is a grey area with regards the Consumer Rights Act 2015.
There is nothing in the Consumer Rights Act which provides you with the right to stipulate the items must be returned in a ‘saleable condition’, they simply need to be ‘unopened and unusued’.
We trust this information is of use to you.
Kind regards,
The QCF Team
I brought an electric scooter from a well known shop online. It came and I didn’t get to open it till 13-16 days later. As soon as I did I see the item was faulty and brought it to their attention. So this is well with it their 30 day returns policy. Emails to and from its now been months later and I still am getting no where with this. Where do I stand because they are now saying it’s been over 30 days and they with full refund me but will 50percent, but the thing I’m trying to clarify is I brought it to there attention within the 30 days and it’s never be resolved.
Thank you
Thank you for your kind enquiry, Sammy.
In general terms, purchasers have 6 months from the time of sale to ask for a refund request for a faulty item. The seller is then obliged to offer a full refund should the purchaser choose it. This is cited in the Consumer Rights Act 2015.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi, my husband purchased a car from a dealership. Range Rover sport £20k. Car seemed fine upon test driving and all the paperwork seemed perfect. When my husband bought the car and drove home there were some warning lights on the dash. My husband was driving on the motorway and didn’t catch what it said. He got home parked up and came inside to sort the tax out. We couldn’t do it online. It appears a newer log book had been issued since the one we were given. We got in the car to head to the post office to sort the tax out, When he started the car errors came up saying gearbox fault, suspension fault and the engine light was also on. My husband drove the car right back to the garage and said he would like a refund. The were hesitant and told him they would fix the car free of charge and then give it back to him. The dealer was defensive and told my husband that they test drive their vehicles thoroughly and it must’ve just happened by chance. My husband said that he would like to return the car is it isn’t as described and had too many faults. The dealer then said they can’t test drive all their vehicles as they have too many. Which is it, do they? Don’t they? Any way they reluctantly agreed to a full refund including the deposit to hold the car until my husband could get to view it. They told my husband that they will issue the refund 14 working days after the date it was returned. I am aware that Consumer Rights Act 2015 allows 14 days for a refund but it doesn’t specify any where whether it is calendar days or working days. I also find it strange that they want to delay giving the refund incase we change our mind and want to continue purchasing the car once they have sent it to the manufacturer to sort out. We have given both verbal and written confirmation that we would like a full refund as soon as possible. We need to buy a car in order to get to work and run our kids about. Any advice gratefully received.
Thank you for your kind enquiry, Kerry.
The 14 day period referred to in the Consumer Rights Act refers to calendar days. Generally speaking, in an instance where the descriptive word ‘calendar’ or ‘working’ is omitted next to the word ‘days’, this will always mean calendar days.
We would recommend you contact them stating they have 14 calendar days, not 14 working days, to provide you with a full refund payment, and if they do not confirm immediately that they will change the time period, that you will be reporting them to National Trading Standards, as well as leaving negative reviews on public forums/review platforms.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi , a customer is unhappy with a bespoke canvas made for her , she has been offered a refund or credit note on return of the unwanted goods – she says since it could not be resold by us she has put it in the bin – and cannot return to us . We have explained that in order to obtain the refund she must return the canvas . She says she will go to her bank for a chargeback ? How can she get a refund when she is still in receipt of the goods ??
Thank you for your kind enquiry.
In general terms, if a bespoke item is not faulty (i.e. doesn’t work in the way it is intended) then the purchaser has 6 months to make a refund request. However, if the item is not faulty and can reasonably considered to be of a standard similar to the price paid for it, then the purchaser has no right to a refund, as per the Consumer Rights Act 2015.
With regards to the purchaser refusing to return an item after a refund has been offered, the seller is only obliged to provide a refund once the item is returned. If the item is not returned, you are not obliged to provide a refund.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi, I run a small bespoke carpentry business. I recently made a wardrobe to order. Scale drawings were given to the client before manufacturing which they verbally okayed. After delivery, the customer said that they were unhappy with the finish and weight of the doors although weight was never mentioned just the type of wood they would be made of and size. They have complained about things which I would say are all reasonable variations for the product. They want their money back and for it to be collected. I did say I would come and pick it up but feel that I should be paid for the many hours spend drawing and making. I do not have a contract with the client. Any advice as to find out what to do. It is in good working order, it is more dispute about finish. It would seem that their expectations were different from what has been produced. I have met with them to discuss but I am not willing to remake it all when to me it is a beautiful piece and acceptable as it is.
Many thanks
Thank you for your kind message, Sean.
In general terms, custom-made items are not eligible for refunds unless the item is faulty – in which case the customer can request a refund within 6 months of purchase. In this instance, faulty would be reasonably deemed to be where the item did not perform the function of a wardrobe – i.e. the doors didn’t close, etc. If the functionality of the wardrobe is fine, then you are not legally obliged to provide a refund, as per the Consumer Rights Act 2015.
It is not a requirement to have a contract between you and the purchaser, because in this instance the legislation surrounding the refund is underpinned by the Consumer Rights Act.
Regarding what other advice to do in relation to whether you wish to obtain the wardrobe back and re-sell it, etc, unfortunately we cannot assist with such a decision. However, it may be deemed that you are being too reasonable in offering money back considering you do not legally have to do so.
We trust this information is of use to you.
Kind regards,
The QCF Team
Great article,
We are a small family run jewellers, we recently had a customer come in store and purchase a £30 open silver ring, which we adjusted in store to fit her finger before she purchased it. She then 2 weeks later returned the ring to us in 2 pieces, saying the ring was faulty, however the ring looks misshapen and manhandled as if it has been bent back and forth to size, after leaving the store, which has obviously resulted in the ring eventually breaking in two, as a result of this treatment. We offered to re-solider and repair the ring,so that it would look brand new again at a charge of £9.90 incl vat, which is just the base cost of the repair (we make no profit on this work) as a favour as the ring was purchased from us, however she still maintains the ring is faulty and we shouldn’t charge her for the repair and is threatening to go to trading standards if we don’t give in.
Where do we stand on this?
Many thanks in advance.
Thank you for your kind query, Isobel.
In this situation, it would appear it is a he said / she said argument in relation to the ring being faulty when it was sold.
Legally speaking, you are required to provide a refund opportunity to the customer for up to 6 months after the date of purchase, if the item is faulty – even if the item is custom-made, which it could be argued, this ring is. However, if you are disputing the fact that it is faulty, this would be a matter for the Small Claims Court to decide. Given the low value of the ring, and due to the court fee cost being higher than the amount of the ring, it is unlikely the customer would take this to court.
With regards to Trading Standards, we would recommend you ensure you adhere to the Consumer Rights Act in this scenario, which includes providing a refund to the customer. You are not obliged to provide a free repair of a faulty product. A visit from trading standards will cost you a lot more in time spent with them (at the very least) thant the cost of a £30 ring.
We hope this information is useful to you.
Kind regards,
The QCF Team
Hi,
Some advice please.
We sell white goods, we sold a customer an intgrated fridge-freezer, we installed, but notice bowing on the cabinet. The fitter took pictures of this and advised the customer it may cause issues with the function.
There where issues, they insisted on another machine, different brand we tried again (possibly bad idea on our part) but sent emails to the customer advising against this and saying the issue is with the cabinets.
Again it isn’t sealing properly, she says they’ve had a kitchen fitter to to the cabinet and it is fine, and that it is our installation at fault. We have offered a full refund, they are refusing, they won’t let us collect the machine, won’t let us refund , say they want another machine.
Basically can the customer refuse the refund?
Hi Mel, thank you for your question.
In general terms, a retailer of white goods in the situation you described, has a requirement to provide a refund to the customer if the equipment is faulty, within the first 6 months after the purchase date. There is nothing prescribed in the Consumer Rights Act 2015 relating to the customer being entitled to a replacement if the equipment is faulty, only that they are entitled to a refund. Vendors often try to get a customer to accept a replacement, but it at the customer’s discretion if they accept this.
In this instance, your company is not obliged to provide replacement equipment, nor are you obliged to force a refund on the customer if they refuse it. The customer is not entitled to a refund until you have received the equipment back and deemed it faulty. The owness in this instance is therefore on the customer to decide what they want to do – however, they cannot refuse to return the machine and get a new replacement prior to the new machine being delivered, as they have no rights to demand such a thing.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hello, very interesting article – thank you.
We are a Farm Shop and sell fresh produce. We recently had a customer return to store stating that a chicken she purchased was ‘off’, she did not have a receipt or proof the chicken was off (she did not return the chicken). We offered her a replacement, to then be told that she had stored it in her faulty caravan fridge. We let her have a replacement regardless.
Key question is, what are the rules around fresh produce and consumer rights without proving the goods were faulty.
Thank you in advance for your time.
Thank you for the question.
For chilled or frozen products, you are not liable to provide a refund unless the product is faulty.
However, we recommend having a refund policy with easy accessibility which specifically cites this, to make customers aware in advance.
We hope that helps!
Kind regards,
The QCF Team
I wonder if someone can give me some advice please. I own a hair replacement system clinic. A client came in for a consultation and was colour matched and measured for a hair system. Before ordering wanted to think about whether they wanted it so they went away. They messaged me asking to go
ahead. They paid the cost of the system and I ordered the bespoke system for the client advising them it usually takes about 7 days to arrive. The system arrived and I contacted them to arrange fitting date. They gave me one day which they could make. I had previously informed them I get booked up a week in advance and that date wasn’t available. They were adamant they wanted it done that week. I said I would try and re arrange clients and get back to them. I kept in contact and said I was waiting to hear back from a client and if I hadn’t I would chase it up the following day. My other client confirmed they would re arrange but in the meantime I reset my phone and couldn’t back it up so lost the complaining client’s number. I kept the appointment space open in the hopes they would make contact and even thought they may have mistaken what I’d said for definite confirmation. Two days after the appointment was supposed to be they contacted and said as I had made no effort to book them in for a fitting so they want a refund as they wanted it before they started their new job or not at all. I explained the situation and said the hair system is bespoke for them so I could only refund if it was faulty which it wasn’t but said I would book them in for fitting or if they prefer post the system out at my expense or they could call into the shop for it as it is their property. They then made a claim at the small claims court against me stating that I hadn’t given them the goods and also that I hadn’t made them aware of a returns policy when in fact I had explained that the systems are bespoke to that client and could only be returned if they were faulty.
Hi,
Thank you for the question. Here are some notes that you may find helpful:
– There is no legal requirement for the clinic to have a returns policy. If you do have one you have to stick to it, but if you do not, the Consumer Rights Act applies.
– The item was custom-made (i.e. bespoke) and therefore the 14 calendar day rule for returns/refunds does not apply.
– Unless the customer can prove that the item was faulty, which they are unlikely to be able to do, it will be hard for them to obtain a refund for a custom-made (bespoke) item.
We hope that helps, however, we do recommend that you seek legal advice.
Kind regards,
The QCF Team
Hi,
I’m looking for some advice on how to deal with a customer return/refund. A customer purchased a dog bed off my website on the 5th April. After receiving the dog bed within several days, the customer contacted me to return for a different size. We provided instructions on how to obtain the returns label on our website and that was that, but the customer did not request the label until the 29th April.
Then on the 6th May the customer has come back to our website and purchased another dog bed in a different size, and after receiving this bed, they went onto the also request a return for this bed on the 13th May.
The customer then contacted us to say they were having an issue with our returns method (we use Collect+/Yodel) so we suggested they use their own carrier (as we do not offer free returns unless faulty or damaged), to which they did.
Both beds have been received back today. The bed ordered on the 6th May was received back in an as new condition and we have issued a refund. However, the original bed the customer ordered on the 5th April has been received back covered in dog hairs and because of the box/packaging used, the bed is now out of shape and we are unable to resell.
What are our options regarding this refund? We are left with a bed that was actually purchased 45 days ago, and that has been received back in a terrible condition.
Any advice would be great.
In reply to Donna.
Thanks for the question.
1. The consumer has 14 calendar days from the point of purchase to request a refund, as per the Consumer Rights Act – unless the item is faulty (which is not the case here).
2. Whilst the customer is outside of the 14 calendar day rule, if you have initiated the returns procedure and received the goods, a court may decide that the 14 calendar day rule may not apply, as the customer could reasonably expect a refund and would not return the item if no refund was going to be forthcoming.
3. With regards to receiving the item back in an unsellable condition – we would advise you fully document this with photographs. You are not obliged to provide a refund if an item is returned back in an unsellable condition – and therefore should the customer take you to Small Claims Court after the refusal of a refund, you would need to be able to provide robust evidence that the item was indeed unsellable. We would advise taking photographs of a sellable item and the unsellable item. You should also be aware that refusing a refund after the item has been returned may lead to a negative public review on the internet, so you may wish to make a commercial decision to either part or fully refund the customer, if they could cause you reputational damage.
We hope that helps!
Kind regards,
The QCF Team
Good morning, There is a debate online I was wondering if you could help advise.
Customer returns £900 item via Royal Mail tracked service. Customer paid Royal Mail direct. Item goes missing and as no insurance was taken out, Royal Mail will only offer £60 compensation.
Section 34 & 35 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 only talk about sending the goods back, nothing about the retailer receiving them, for instance:
(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—
(a)the day on which the trader receives the goods back, or
(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.
We are struggling to see anywhere in the actual legislation where it says the retailer must receive the goods back in order to refund. Common sense states this would be the correct course, but the legislation seems to say differently.
Any advice appreciated!
Thanks for taking the time to comment.
We’re very sorry but this isn’t something that we can advise on as it’s too specific a scenario.
We wish you the best of luck in sorting this out.
Kind regards,
The QCF Team
Hello,
We are a small company with a new online retail business. We have some products that are not stocked items but can be special ordered from Italy and Spain. The costs involved for bringing the items to the UK are quite considerable – my question is…if a customer places an order through the website for a Non-Stocked Special Order Item being brought in from Italy or Spain, do they still have the same cancellation rights as if they were to buy one of our stocked items?
Thank you
Hello QCF Team,
Thank you for looking into this for me.
I have been speaking with a business associate who seems to think that the special order items should be classed as bespoke as they are ordered in especially for the customer not for stock – Not sure if this is correct?
Best regards,
Hi Lisa,
Thank you for your message and follow-up.
The general rule is that if you are selling things online, there is a cancellation right. Just because something is ordered in specially (i.e. it is not stocked normally), does not necessarily mean that it would be deemed bespoke and therefore change this general cancellation right. Determining whether something is “bespoke” is taken on a case-by-case basis. An example of a bespoke item might be an online jeweler that has engraved an item with the customer’s name. This might be because the engraving, which is done on a bespoke basis, has modified the item so greatly as to make the item very difficult, if not impossible, to resell.
On a more specific level, we would suggest seeking legal advice from a solicitor on this matter. You can also find further information in the government’s guidance, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations.
We hope this provides you with some help.
Kind regards,
The QCF Team
Hi there,
When selling goods online on each transaction we loose a percentage of the total price to the third party who processes the card payment. If someone requests a refund because they changed their mind (within the 14 days) are we able to grant them the refund less the amount we have lost in the transaction?
Many thanks in advance
Thanks for the question.
The answer is no, you must generally refund the customer what they paid.
We hope that helps.
Regards,
The QCF Team
Hey I own a small jewellery shop and I buy and sell all day long , I buy items from the public and trade.
one day i bought some items from a member of the public. They also wanted to buy something from my shop. I asked them to go round and get prices so they know the best price they will get for there items and the money will go towards what they want to purchase from my shop. The customer come back with a price and we beat it. They was happy , we was happy, we agreed, they agreed and we purchased the items and they purchased one of ours with a balance to pay.
4months later the items that we have bought in from this member of public have finally gone through all our admin procedures and has been put on our site and is now up for the price that we need to sell it at to be able to keep the businesses running and the bills paid etc
The previous owner and customer who sold these items to us have seen them on our site and is demanding there items back with the return of the new item they bought from our shop as they think its not fair that we can sell there items at this price when they didn’t receive near this amount. Can i just ignore this customer now as i have already had a heated discussion over the phone and they didn’t listen to anything i said. Its now more like harassment i am receiving through emails and I’ve never had this problem with any of my previous customer before with buying in.
I always give the best price around which they experienced and my reviews about my shop justify this.
Let know your thoughts, do they have any rights to complain for there money back plus compensation?
Any reply would be helpful.
Thank you for your kind enquiry, Ken.
If the description of your scenario is accurate, you have the right to do whatever you want with the items you have purchased, and the seller has no legal right to recourse.
We trust this information is of use to you.
Regards,
The QCF Team
A customer ordered a custom built computer from us in March 2021 he has now requested a full refund (December 2021)
It has been back to the workshop a few times and on each occasion the “faults” were all software related (not supplied by us) and NOT hardware issues
Last week in an effort to appease the customer, at my own cost, I replaced the motherboard and the 64gb of ram (at a trade cost of £350) reinstalled the operating system and tested it to death ! it passed all types of testing and was “on the bench” for 4 days and had every test i could find thrown at it ”
The customer collected the PC and within a matter of hours was complaining it was too loud and the parts installed were budget parts and couldn’t find them online. I explained that the parts were not cheap replacements and were the same chipset and same speed ram as before. But i have just received the “i want my money back” email
I feel now that no matter what i do I am not going to make this customer happy but don’t feel there is anything wrong with the goods supplied
Can i make him a return offer and deduct a % for wear and tear? (the unit is not a “clean and tidy” machine any more)
Thank you for your kind enquiry.
In general terms, custom made items are only applicable for refunds if the item is faulty within 6 months of purchase, unless the customer has purchased a separate warranty. If you are satisfied that you could evidence the faults relating to the equipment are the fault of the customer and not yourself, then the customer is not entitled to a refund. However, given the expense of the item, you should satisfy yourself that should the customer take you to Small Claims Court, that an impartial observer (i.e. an arbitrator or judge) would favour your argument over the customer’s.
We trust this information is of use to you.
Regards,
The QCF Team
A customer ordered some equipment from us, we dispatched it, and it didn’t arrive in time for what they wanted it for. They have the item and now want to return it as they don’t need it. Are they allowed to do this? As it their fault they didn’t order it in time. Can I charge them for the postage out to them?
Thank you for your kind enquiry, Karl.
If the item is not custom-made, the customer has the right to a refund as long as they request one within 14 calendar days of the point of sale. Postal charges for delivery and the sending back of the item are not explicitly covered by the Consumer Rights Act, and therefore you do not have to refund this portion of the sale.
We trust this information is useful. If you have any follow up questions, please do not hesitate to leave a comment.
Regards,
The QCF Team
Hi, thanks for the info. I’m in the middle of starting an online clothing business and am struggling with one thing.
What should I do if a customer returns a garment which for whatever reason isn’t eligible for a refund? I now have the goods and the customers money, and they’re not entitled to get their money back. If I was to send it back to the customer, there would be a courier charge.
Many thanks.
Thank you for your kind enquiry, Sam.
In general terms, if a customer is not eligible for a refund and sends a garment back attempting to force you to refund them, you are not obliged to refund them for this reason. If you were to send this item back to the customer, you would have to gain their consent to charge them for this delivery.
We trust this information is of use to you.
Regards,
The QCF Team
I am a sole trader. A customer purchased a custom item of furniture and now claims it is misdescribed and faulty. One fault is a crack which will have been caused due to misuse when transporting (seen loaded unprotected and unsecured). Second is paint quality. The customer wants a full refund and he is asking for the item to be collected at our cost. Where do we stand? Can we limit the return cost to a reasonable amount?
Thank you for your kind enquiry, Kaley.
In general terms, customers are only entitled to a refund for custom-made faulty items if the fault was not caused by them.
With regards to the issue of transportation, the presumption will be made here that the customer has transported the item themselves (unprotected and unsecured). It would be important for you to be secure in the knowledge that the customer undertook to transport the item themselves, and that the item was not cracked prior to transportation, before withholding a refund for this reason – in case it is used in a Small Claims Court claim against you by the claimant (customer).
With regards to paint quality – again, you would have to be satisfied that a reasonable person would feel the paint quality was sufficient for the cost paid for the item, objectively. If this is not the case, we would recommend refunding the customer to avoid a court action against you from the customer.
You are unable to limit the refund to less than the full amount if you are obliged to provide a refund, as per the Consumer Rights Act.
We trust this information is of use to you.
Regards,
The QCF Team
We sell bespoke made bodily worn items. I have two questions please.
1. We have a customer wanting a refund for both of their products saying one is too tight and the other is too loose, both are made from the exact same mould. There’s also no way of us testing this as they are made for the customer. We have gone above helping this customer. Please let us know your thoughts.
2. If an item is tested working before shipping and then used by the customer who then has issues early on, would we have to refund this? We have offered a repair but the customer has refused.
Many thanks
Thank you for your kind enquiry, John.
In general terms, there is no exact guidance when it comes to faulty custom-made items and refunds, other than customers are entitled to a refund within 6 months of the point of sale. You would have to be satisfied that should you refuse customers refunds on the basis that the items were not faulty, that this could be proved to a judge or arbitrator in a Small Claims Court if necessary.
We trust this information is of use to you.
Regards,
The QCF Team
A customer ordered a personalised balloon over the phone for a few weeks time. 3 days later called to get a refund that this balloon was no longer was required? I had already ordered the balloons she wanted at our wholesale and cannot return these. I offered a credit not on the value for 1 yr but she still is saying to refund. I am now stuck with the balloon she ordered and her saying she’s taking it further. How do I stand?
Thank you for your kind enquiry.
In general terms, custom-made items are exempted from the 14 calendar day rule with regards to an obligation to provide refunds. Once an item is purchased, the refund rules in the Consumer Rights Act apply. the only reason the customer would receive a refund would be if the item was faulty – which does not appear to be the case as the customer has not even received the item.
We trust this information is of use to you.
Regards,
The QCF Team
Hi I own a clothing business a customer asked for a return and refund which Is fine however once back to me it smells heavily of cigarette smoke my policy stated items should be returned in condition received in and clearly mentions odours
Customer is threatening to bad mouth business if I do not refund
The coat has faux fur and not sure how the smell would be removed to resell
Thank you for your kind enquiry, Jess.
It is the customer’s responsibility to ensure the seller receives the item in a similar condition to how it was found. In this circumstance it is clear that this is not the case; however, this may prove tricky to prove in a Small Claims Court, should you refuse to refund the customer and they issue Small Claims Court proceedings against you – as the customer may allege that the smell appeared at a later date after you received the item back.
We would therefore suggest you consider the value of the item and the damage public negative reviews of your company may have on future custom, before making a decision.
We trust this information is of use to you.
Regards,
The QCF Team
Hello,
I have a customer who wishes to return a ‘ faulty ‘ item after 2 months, they have provided no valid fault other than it is faulty…
They refused to dismantle the item for return and went straight to charge back which was granted by the bank.
I have since managed to have the item returned but the item is in terrible condition and is now basically scrap, the item was worth around £320.
I feel that even though the item was claimed to be faulty, it should be returned in a fair condition. (customer claimed it was never used)
Would I be able to take this customer to small claims to recover the cost of the item or would they win any claim as they claimed the item was faulty?
Thanks in advance
Kind Regards
Thank you for your kind enquiry, Ash.
It would appear in the scenario that you describe that the customer has been deceitful in stating the item has not been used.
We would recommend you document the item’s state upon receipt and issue a Small Claims Court claim to recover the lost of the claim. The customer generally will have to cite the reason why the item was faulty when requesting a refund for this reason.
We trust this information is of use to you.
Regards,
The QCF Team
Hi, I am a sole trader that sells online. A customer has decided they want to return an item due to change of mind. As a sole trader, do I have to accept returns for change of mind?
Thank you for your kind query.
The Consumer Rights Act in relation to refunds does not distinguish between sole traders and limited companies. As a result, if the refund request was made by the purchaser within 14 calendar days, and the item is not custom-made, you will need to provide a refund in these cases.
We trust this information is of use to you.
Regards,
The QCF Team
Hi A customer purchased some lessons from me, I offer services. We had the first session, i sent them the notes I said I would a few days after. I then went away for 2 weeks over Christmas and I told them that I would – the customer then sent me an email asking where there notes were and I didn’t see the email until two weeks later so I responded and said the notes had been sent and I resent them again – they then said they didn’t like the notes and wanted a full refund, they didn’t trust me as I didn’t respond to them for 2 weeks ( whilst I was away) and they want a full refund including the session we already had and the further 3 sessions they haven’t had – I have offered to repeat the session they were unhappy with – what are my rights in terms of a refund – they complained after 4 weeks of seeing me the first time.
Thanks for the question Bee!
We need to look at the Consumer Rights Act. In general terms, unless the item is custom-made, the customer has 14 calendar days to request a refund. If the customer has requested a refund 4 weeks after agreeing to purchase, technically they have no right to a refund. If the item is custom-made (or the lessons were bespoke), if the costs had already been incurred, no refund would be due unless the item was objectively faulty.
It sounds like your customer is over this 14 day calendar period. Did you outline the full price in advance for all 4 lessons? If you did, technically, the customer is due no refund.
However, in the instance of not issuing a refund, it is important to consider reputational damage to your business via word of mouth or public reviews.
We trust this information is of use to you.
Regards,
The QCF Team
Hi, I’ve got a customer who has successfully been refunded. Do we have any rights as to the return of the faulty item? Its been nearly six months since the item was reported as faulty and the refund was issued 14th April.
Thanks for the question
In relation to rights, yes, the customer should return the item; however, if they are refusing to comply, you may have no choice but to take it to Small Claims Court.
Please note the Small Claims Court charge a court fee to take a case to court, which is in most circumstances not recoverable – so whether you choose to do so would be based on the value of the item.
We hope that helps!
Kind regards,
The QCF Team
Hi , I purchased an expensive (£1050)watch from a well known company, I requested a return of the watch as I could not clearly see the details on the face. The company agreed and I returned the watch. They now claim that the watch metal is scratched and will only refund 70% of cost price.
The watch did not leave my possession scratched and I believe it has been done on arrival at the company. They have sent a picture at my request in which it shows the metal strap removed from the watch close to the area of damage. I believe this is when the damage was made. I understand it’s a he said she said situation but could you offer any advice as a 30% reduction is harsh considering I believe it was done on inspection.
Kind regards
Thank you for your kind enquiry.
In general terms, companies are not able to deduct charges for damage when being returned and where a refund is due. This is not prescribed in the Consumer Rights Act 2015. However, where a customer has returned the item in a fashion which would be deemed by a reasonable person to have caused a major fault to the item, a refund may not be due to the customer.
In this instance, we would recommend citing your rights under the Consumer Rights Act 2015, and threaten to leave public negative reviews on prominent review platforms – e.g. Google and any other review platforms they may publicise on their website.
We trust this information is of use to you.
Kind regards,
The QCF Team
Hi, a customer recently purchase a large expensive lampshade, we sent the goods which were received by the customer. The customer found the lampshade to be too big so requested a return and exchange for a smaller version. We accepted this proposal and advised the customer to return the goods to our warehouse using their own courier.
The goods were returned but were found to be damaged in transit by the customers own courier and unfit to resell. We sent photos and advised the customer to make a claim on their shipping companies insurance and advised that we were not able to refund or exchange. We made the lampshade readily available for collection and inspection for the customers carrier but this has not been collected.
The customer has not collected the damaged item and has now opened a chargeback on their credit card.
Please advise how we should respond or remedy the situation. The lampshade was over £500 and as a small independent company we cannot afford to take the hit on this.
Many thanks.
Thank you for your kind enquiry, Charlie.
In general terms, couriers will have a condition of carriage which highlights the type of packaging required, which would be considered safe enough to be delivered securely. Any packaging which falls outside of these rules would be the fault of the sender (in this case – your customer). This condition of carriage is usually highlighted on the courier’s website.
We would advise you check the courier’s condition of carriage and see whether the packaging the item was sent back in was sufficient. If so, the liability would lie with the courier – if not, the liability would lie with the customer.
With regards to how you remedy the situation – we would suggest you provide a robust argument to the customer in writing regarding either obtaining recompense from the courier, or not issuing a chargeback due to their liability. As the customer is unlikely to engage with this process, we would suggest issuing a claim to the Small Claims Court to recover the amount owed to you by the customer.
We trust this information is of use to you.
Regards,
The QCF Team
Can you advise me on an item I received that was unintentionally ordered. Two months ago I ordered a ceramic waterfall with incense cones (£17.99), I then had to go through several pages where the advert said you need this or that and at the bottom in tiny writing there was a no thank you option. It wasn’t till AFTER I paid for it as it didn’t state on final shipping page i realised I must have clicked one of the other items (£53). 20 seconds after I realised I requested a refund, then, after 6 weeks of painstaking daily emails ensued (on my end, I only received 4 from them) I finally received a refund, I also received the parcel I had cancelled, this was sent 3 weeks after I requested the initially cancellation. I have since sent several emails requesting a returns label to give them back their unwanted item without success, all I get is a reply saying sorry about my experience and they hope they can help me in the future. What should I do with the parcel ?
Thank you for your kind enquiry, Bev.
In general terms, the purchaser is obliged to send back the item to the seller, prior to a refund being processed by the seller. In this instance, as you have already received the refund, it would appear the seller has no interest in the item being returned.
We would suggest you send one final email to the seller, asking them to clarify if they wish for the item to be returned, and giving them 7 days to respond (cited in the email). Should you not receive an affirmative response within 7 days, we would suggest you can safely dispose of the item (or keep it) without fear of retribution of any kind.
Should the item cost money to dispose of, we would suggest you cite this in your email. However, given the small cost of the item, you do not really have a legal mechanism to force the seller to collect the item or provide a returns label, as a Small Claims Court claim regarding this matter would cost more than the cost of the item itself.
We trust this information is of use to you. Should you require further assistance, please do not hesitate to post a follow up comment.
Regards,
The QCF Team
HI, I have issue…
Merchant: Adidas UK (web)
Total Payment: £1,794.35 GB
Parcels received 10.11.21./11.11.21.
Parcels send out (returned) 16.11.21. 17:04
Parcels delivered (Adidas received) 19.11.21. 08:19
Order details after PayPal split in six parts:
(1/6) payment: £ 392.80 GBP Refunded
(2/6) payment: £ 430.00 GBP Refunded
(3/6) payment: £ 829.55 GBP
Not refunded
(4/6) payment: £ 56.00 GBP
Refunded
(5/6) payment: £ 56.00 GBP Refunded
(6/6) payment: £ 30.00 GBP Refunded
Issue details:
All parcels / items were sent back to merchant (Adidas).
All parcels / items were delivered – approved by tracking number information.
Merchant says – no parcels / items founded in their own warehouse.
And merchant do not process complete refund.
Issue description:
All these six parts are the same order, made in the same day and time, but somehow, PayPal or Adidas split it separately, all parcels were delivered/returned back to Adidas, using Adidas provided return label and courier (Royal Mail). Tracking information shows that parcel is delivered on 19.11.21. 08:19 to NDC RDC, but Adidas still says that, it`s not found in their own warehouse and did not issue refund. After, all six orders were opened like six separate cases in PayPal. Two of six orders / cases were refunded:
One of Adidas agent told me that refund for two cases were done for kindness and normally they do not refund before they “touch” each parcel.
Another Adidas agent said that refund have been made on 27.12.21., but had done only these two before the system failed.
But another said the refund has been made on 28.12.21., but done only these two payments and failed because my bank declined. (Would like to remind that I never gave them my bank details, as I made purchase with PayPal).
Last two agents also send me an email with link where I must fill in manual refund form and must provide international bank details for doing complete refund. I filed in all paperwork’s twice as the first time I filled in the Adidas said they haven’t received it. Filled in 2nd time and still no future action from them, but they say 2nd filled form are received and within 3-14 days refund will be processed. Still not and now they say uncorrected bank details.
Questions for cases analyse:
1.Why on Adidas provided return label is incorrect address? How to make correct return delivery if post code on label can’t be recognise by google maps and Royal Mail post code search platform?
2.If they were doing refund and most of the refund was failed by technical problem, why they did not repeat refund process in another day?
3.They said that, they were doing refund and most of refund was failed because my bank declined. How, if I did payment by using my PayPal account balance money, without using bank card or bank account amount. How then my bank can decline something?
4.How can they say that they cannot found parcel in their own warehouse, if tracking information says it is delivered?
5.If 5 of 6 cases / orders was refunded – which actually is the same one whole order, why the last one can’t still be refunded?
Issue conclusion:
(1/6) Amount: £ 392.80 GBP
Status: The case was closed in my favour, refunded.
(2/6) Amount: £ 430.00 GBP
Status: The case was closed in my favour, refunded.
(4/6) Amount: £ 56.00 GBP
Status: The case was closed in my favour, refunded.
(5/6) Amount: £ 56.00 GBP
Status: The case was closed in my favour, refunded.
(6/6) Amount: £ 30.00 GBP
Status: The case was closed in my favour, refunded.
(3/6) Amount: £ 829.55 GBP
Status: The case was closed because this transaction is ineligible for PayPal’s Buyer Protection, not refunded, but all these cases are under one same order.
Its legal do like that and keep not do refund months? Can I get some compensation for wasting time and nerves? Its possible give them penalty fee, suspended etc. for lie, unprofessional attitude and warehouse documentation mess?
Thanks for the question.
We’re very sorry but because this is such a specific case we are unable to assist you.
We wish you the best of luck in sorting this out.
Regards,
The QCF Team
Ok, it’s again me.
Maybe it was to much specific questions, but I would like hear some law basics and definations. Like example: From which moment parcels are returned back – from when post office tracking information shows delivered, after that seller must do refund within 14 days, or when seller say “we got parcels” and from this moment refund must processed within 14 days. Or they can tell “parcels not reach warehouse” and not processed refund till they say its reach warehouse, even if it’s takes ages. They can do like that – infiniti extend time? There not have some by law time limitation? Also, what about when seller lies to customer about refund, ignore provide refund order receipt and push customer do things which don’t even don’t need to do. Sorry, it’s again a lot, but I have nearly book with this company issues and I think big name company can’t do like that. If check trustpilot (Adidas UK), here have lot of customers with same none refund issue and have two stars of five. You can do full answer by email, I really need help at least. Thanks
Thanks for getting back in touch.
You may find this helpful: https://www.legislation.gov.uk/ukpga/2015/15/section/45/enacted
However, there is no specific legislation that handles the situation you describe. In instances where no legislation exists, case law (if it exists) is used as precedent, and if no such precedent exists, the judge (if it were to reach this stage) will decide using his or her reasonable judgment.
Seeking the advice of a solicitor would be our recommendation at this stage.
Best of luck.
Regards,
The QCF Team
Hi. What would happen if a consumer is wanting money back and has failed to provide proof of faulty goods. She has only made contact 3 months after the product was fitted to her home. In her initial letter she wanted to come to some resolution but now is demanding a full refund referring to the consumer rights act 2015.
My service I provide includes removal of old furniture and disposal of it aswell as installing new items. Am I within my rights to offer a refund minus the cost of removal and disposal. I have already offered to repair or replace the item without seeing any evidence as customer satisfaction is compulsory for me. I even offered for her to get the items repaired and I would pay the cost of repair, she said she would get quotes but she has provided me with nothing. I don’t think there is anything wrong with the products installed. I just think she is wanting to keep the installed goods and get a refund. (Annoys businesses as we are only trying to make an honest living).
Am I within my rights to say I will refund if I can take back the ‘faulty goods which are not fit for purpose” ((according to the customer as she is wanting a full refund)). Please do advise. For example the product to install, remove and dispose of old goods was £1000 and I deduct £150 (for the disposal and removal) then say I want to remove the installed ‘faulty” items at her property and give her the £850 refund?
Can I do this? Am I within my rights as a seller?
Hi Harry
Thank you for your kind comment.
Unfortunately, we are unable to provide guidance on specific issues as we are not qualified to provide legal advice and do not have access to the full information. I would highly recommend you consult with a solicitor if you are in doubt of your legal position.
I am sorry I cannot be of more assistance.
Best regards,
The QCF Team
Hi am am a sole trader business.
I have had a customer who ordered some gym equipment . Then asked for a refund after delivery was shipped as wanted to order under a different card.
Then placed the next order then refused to accept the delivery(while saying their local driver that they know just kept the shipment on van) the delivery came back damaged boxes open goods broken i gave full refund delivery was out of my pocket.
They placed another order to a different adress (which I didn’t realise) and have done the exact same thing goods have come back broken (unsellable) not in packaging after refusing delivery. I have a feeling they may be in on a scam with their driver or just get a kick out of this.
Do I have any rights to refuse this refund?
Thank you for your kind enquiry, Chris.
In general terms, you have reason to suspect foul play given the information you have provided. For this reason, we would suggest you have the right to refuse this refund as the items have been damaged by the purchaser and returned in an unusable state.
The worst case scenario in refusing a refund is that the purchaser could take you to Small Claims Court for the refund amount. You should ensure that you store all evidence required to make your case to an arbitrator/judge if necessary, and assure yourself that your evidence is robust enough to show that the purchaser is probably acting maliciously or recklessly.
We trust this information if of use to you. Should you require any further assistance, please do not hesitate to post a follow up comment.
Regards,
The QCF Team
Hi,
We are a small furniture manufacturer and have recently made an outdoor table for a customer. (Not a custom order).
After 8 weeks they complained there is an issue with sap coming from the table. We have sent someone to clean it which the customer wasn’t happy with…so we offered to replace the top. The customer originally agreed but have changed there mind and want there money back. Payment was made via a third party site who have issued a refund to the customer. So now we are in the position where have had to refund the customer but have not had the table back. Where do we stand please?
Thanks in advance.
Thank you for your kind enquiry, Martin.
In general terms, purchasers are entitled to a refund if an item is faulty, up to 6 months after the date of purchase. In an instance where a customer has already received a refund, they are legally obliged to send back the goods they have received the refund for, if the purchaser requires it. This is the legal position on the matter.
With regards to the practicalities, we would suggest you may need to be proactive in arranging for collection. You may also want to consider going down the route of the Small Claims Court; however, this will be dependent on the value of the item in question, as you will need to be a normally unrecoverable court fee to issue Court proceedings.
We trust this information if of use to you.
Regards,
The QCF Team
Hi there,
2 months ago I took delivery of two bespoke garden box benches built by an independent ‘carpenter’. The wood has since split, warped, there are paint runs, and they are basically not fit for purpose. I have asked for a full refund but am only being offered a partial refund, and he wants them back – presumably to reuse the wood. Am I entitled to a full refund?
Thanks
Thank you for your kind enquiry, Michael.
In general terms, if an item is custom-made, you can only request a refund if the item is faulty. As you are likely to be able to evidence that the item is faulty, the seller is obliged to provide you with a full refund as long as your request is made within 6 months of the point of sale, as per the Consumer Rights Act.
We trust this information is of use to you.
Regards,
John Carpenter
Good afternoon. I’m looking for a further assistance on a trouble I’ve got. One purchased a good in eBay but the seller (registered business) send me a cheaper version. I’ve asked a refund and with the help of eBay, I’ve got it. Now I wish to arrange a collection (the good it’s a mattresses and I cannot handle to post office). After two attempt the seller fail to attend the fixed (fixed by setter) collection, and he said I cannot get rid of mattresses, or he will drag me on small court. My question is: which one are my rights? Can I get away this mattress? I have to keep it till he decide to send someone? Thanks in advance Kind Regards
Thank you for your kind enquiry, Mia.
In general terms, there are few provisions in the Consumer Rights Act pertaining to the re-sending of goods for refund.
In general terms, the seller is not obliged to arrange or pay for the delivery of items to be refunded back to themselves. As a result, if the seller refuses to arrange for the collection of an item which is tricky to dispose of, there is little recourse for you to force the seller to collect the item.
We trust this information is of use to you.
Regards,
The QCF Team
If a company confirms that a refund has been issued for a faulty product (4 months after purchase) but you do not receive the refund and after reminding them to get back to you as to why you have not received it, the company comes back to you and says they will no longer refund. Are they allowed to retract their decision even though I have the confirmation in writing ?
Thank you for your kind enquiry, Jenny. In general terms, if an item is not custom made and is faulty within the first 6 months of sale, the seller has an obligation to provide a refund to the purchaser so long as the fault can be proved not to be solely caused by the purchaser. The seller does not have the right to retract a refund unless they have a valid reason to do so – however, the written confirmation of processing a refund only to retract this statement later on would only be substantive in a court case when would likely be asked by a judge/arbitrator as to why they had confirmed then retracted the refund.
You may wish to consider providing them with a public negative review to try to encourage re-engagement with you regarding this matter. Alternatively, you should consider a Small Claims Court claim against the; however, these incur a feee of just under £100 to issue which is normally unrecoverable even if you succeed, so you will need to judge whether to bother with this type of action based on the value of the purchase.
We trust this information is of use to you.
Regards,
The QCF Team
Hi. I have built a shepherds hut as a display model at my business premises.
A customer has purchased this display model and suggested a discounted rate with no guarantee to come with the product. I agreed and reduced the price by £1000. I made a bill of sale that stated the product has been viewed by the customer and is understood to be a 2nd hand ex display model (spares and repairs) and a reduced rate has been agreed on the condition no guarantee is implied or given.
I’m now wondering whether I’ve just lost £1000 as they have those statuary rights to repairs, refund etc any and they can’t be changed no matter what we agree. Is that right? Do I have any recourse if in 5 months they come at me for a repair? It’s a b2c and my company is a LTD company.
Best regards. Martyn
Hi Martyn
Thank you for your kind comment.
Unfortunately, we are unable to provide guidance on specific issues as we are not qualified to provide legal advice and do not have access to the full information. I would highly recommend you consult with a solicitor if you are in doubt of your legal position.
I am sorry I cannot be of more assistance.
Best regards,
The QCF Team
Hi,
Hoping for some help please. I own a small jewellery business and have had a customer contact me regarding a recently purchased necklace that she claims is of poor quality – so poor, that on her first day of wearing it the clasp had managed to come apart and the item is now lost – she’s demanding a full refund.
I’ve sold many of these necklaces and have never had a single complaint, I often wear this necklace myself and have also never had any issues. What are the customer’s rights here? Is she entitled to a refund despite not being able to return or prove the item was faulty? As a small business owner I can’t help but feel this is unfair, as anyone could technically claim they have ‘lost’ an item and receive a full refund while being able to actually keep the product.
Please help me understand my rights and navigate this situation. Thank you for any insight in advance.
Thank you for your kind enquiry.
In general terms, a consumer has the right to a refund if they make a request for a refund within 14 days of purchase and they return the item which is not custom-made within 14 days of the refund request.
In an instance where they do not return the item and claim the item is faulty and this is the reason the item has been lost, the customer would not be entitled to a refund as they would be unable to prove that the item was faulty – due to not being able to return it to prove such a circumstance.
I trust this information is of use to you.
Regards,
The QCF Team
My husband purchased a laptop on line and used a business card to purchase it. First of all the screen broke, they took 2 months to repair it and insisted in was caused by us and would only send it back if we paid £70. We gave in and paid it to get the blessed thing back. When it was returned it had issues with being very slow and crashing. We have returned it again and requested a refund. They are now saying as it was bought with a business card they will not refund it as their T&C’s state businesses have no rights to return or cancel an order. Surely this can not be the case?
Thank you for your kind enquiry, Lara.
In general terms, the Consumer Rights Act which dictates how consumers should be treated regarding refunds, etc, does not cover business to business transactions.
There is no current legislation which provides the right of return of equipment for business to business transactions, and it operates on a ‘buyer beware’ type policy – which admittedly, does seem rather odd.
Should you require any further assistance, please do not hesitate to leave another comment.
Regards,
The QCF Team
Hello, I’ve installed a CCTV system for a client and everything went as expected.
She has then emailed me 15 days after install asking if there is a different system as she has OCD and the network video recorder has a small fan that cools it and makes a little bit of noise, I’ve managed to find a different system but there is a cost associated with it and she’s not happy to pay the additional £95, she now wants me to take the entire system out and refund the full amount. Where do I stand please? Just to clarify I didn’t tell her there was a fan on the recorder as this has never been an issue for me before, it’s an electrical item that’s running 24/7 so I naively assumed customers would understand, nor did she ask me if it made any kind of noise, she has told me she can’t even have ticking clocks in her home. I can’t go into every single detail about the entire system although I do try to give as much detail as I can and I answer all questions truthfully. Thanks.
Thank you for your enquiry, Jamie.
In general terms, if items are not faulty (i.e. they do not work as advertised and there is something fundamentally wrong with the item compared to how a reasonable person would expect it to work), then a consumer has 14 calendar days from the point of sale to request a refund, as per the Consumer Rights Act. In this instance, it would appear the customers’ item is not faulty, and it would be reasonably expected that some electrical equipment will make a noise due to a cooling fan (for example – the laptop I am typing on at present has a cooling fan and is making a noise). I would double check the number of days since the purchase when the customer made a formal request for a refund, and if it is within 14 days, they are entitled to a refund, and if it is outside this window, they are not.
I trust this information is of use to you.
Regards,
The QCF Team
Hello, I sell antique furniture and a customer was interested in a chest of drawers and they noticed that it had a few marks in the top when they viewed it in my showroom. I explained that the marks could be removed but this would require re-polishing which would therefore change the colour of the top of the chest. The customer understood this and agreed to have the work carried out. The alterations were made, a picture was sent to the customer and they paid, I then stored the item for a month. When they came to look at it in person they said they didn’t like the chest anymore because the colour had been changed, even though this was explained before the work was carried out.
Are they entitled to a refund?
Thank you for your kind enquiry, Joe.
In answer to your question, it depends on whether a formal arrangement was made to purchase the chest. If you provided the customer with a bill of sale (invoice) for the work carried out as well as the final purchase of the chest of drawers, then this would constitute a custom-item given the alteration, and they would only then be entitled to a refund should the item be deemed to be faulty (i.e. cannot fulfil its primary purpose).
If the customer has only verbally agreed to purchase the chest of drawers and has only paid for the alterations but not the full purchase, this would mean they would not be entitled to a refund, as again the item was a custom-made item.
I trust this information is of use to you.
Regards,
The QCF Team
Hello, I am a small jewelry business owner. Due to the unfortunate practice that some customers have namely to buy, wear and return jewelry items, I have the following question: If I place a seal tag on all jewelry items, and state on them, and in our return policy that the item will be non-refundable unless faulty if the tag is removed, would that give me the right to not issues refund for an item that is returned without the seal tag? Thank you! Irene
Thank you for your kind inquiry, Irene.
In general terms, given the scenario you describe, you would have to ensure that the seal tag did not obstruct the purchaser from wearing the item to test if it is faulty. If the seal tag prevents the wearer from testing the item, then you would be preventing them from assessing the item was faulty until the seal tag is removed. You are not able to prevent someone from testing than an item is faulty, as this is contrary to the Consumer Rights Act 2015.
The other issue is that an item can be faulty and returned within 6 months of an item being sold – as the wearer would likely remove the seal tag and wear the item well within 6 months of purchase, you are not able to prevent the wearer from stating that the item is faulty as the reason for return.
I trust this information is of use to you.
Regards,
Nicholas
I have an online jewellery business. A customer has returned 90% of items purchased over the last 12 months. I suspect she is wearing then returning. Some are custom made.
Advice please
Thank you for your kind enquiry, Lizzie.
In general terms, custom-made items are not eligible for refunds unless the products are deemed as ‘faulty’. Therefore, a reason such as they are no longer interested in the product would not be eligible for a refund for a custom-made item.
Any requests for non-custom made items made within 14 days are eligible for refunds. However, you could take the pattern of behaviour described as evidence of the user wearing the items and then returning. You may wish to refuse refunds based on these grounds; however, you should be prepared for either a county court claim against your company for failing to provide refund(s), and/or negative publicity by way of reviews on public review platforms. We would recommend only taking this route if you are able to evidence that the customer has been lying and is using these items.
We would also recommend you provide no more items to this customer. You have the right to refuse service to a customer of this nature, due to suspicious order and returns behaviour.
I trust this information is of use to you.
Regards,
Nicholas
Hi. I purchased a plastic shed on line that I paid a local tradesmen to put up for me, he struggled with the parts being warped but after reading the reviews myself and speaking with him they said it pulls together and becomes more rigid at the end.
Within 2 days I had further problems so after many e mails iv now got them to agree to the £500 refund for the shed
I have had to pay to get it taken down and packed back up ready for collection by them so I am now £175 out of pocket can I claim this back from the company that I purchased the shed off of.
Thank you for your kind enquiry, Janet.
In general terms, only the cost of the item is covered in a refund, as per the Consumer Rights Act. Labour costs associated with the assembling or dissembling of an item, as well as return delivery costs, are not covered, and therefore it is unlikely you would be able to recover the costs of assembling or dissembling the plastic shed via a local tradesman.
I trust this information is of use to you.
Regards,
Nicholas
Hi
I ordered 4 outfits from this company called Rivaaj and the sizes I ordered were 3 small and 1 large however they sent me 4 outfits in the size of small. I contacted the seller and they said they will post the large size and return the small one to us. Before I returned the item I made another purchase for one more outfit and asked the seller to send me the both outfits together in one post and they agreed to do that.
I returned one of the outfits so I can receive the large size and they posted only one outfits to me in the size of large and accused me of saying that I have returned the item back stained and damaged. I spoke to the seller and he has threatened me to take him to court and said to me that they would not refund my money for the second purchase I made. I told them that I never really opened the whole outfit to check if it was in a good condition because it was in size small and I didn’t needed to check anything else. I just want to know what rights do I have?
Thank you
Thank you for your kind enquiry, Shaz.
In general terms, as long as the goods are returned in the same condition as they were purchased, and you are within the prescribed time limits set out in the Consumer Rights Act, you are entitled to a refund. However, in this case, it appears to be the case that the seller is claiming the items were damaged by the purchaser, in which case you would not be entitled to a refund.
This is therefore a case of dispute between the two parties.
You have three options:
1. You could take the seller to small claims court; however, this will incur a court fee of at least £65, as well as your time, and you may deem from the price of the product that it is not worth it. You will also need to prove to a judge that you did not damage the goods, which may be difficult.
2. You could leave public reviews on social media or other review platforms, in the hope that this leads the seller to try and mitigate the damage by contacting you to resolve the matter
3. You could do nothing.
I would suggest in the first instance, point 2 is probably your best bet.
I trust this information is of use to you.
Kind regards,
Nicholas
Hello,
I am wondering if someone could help, we own a small auto upholstery business. We have re upholstered some car seats for a customer, when he collected them he said he was very happy, a few days later on the phone he told us he was happy but a few days ago, he arrived at our premises with someone else unannounced. He stated the quality was poor and the person he was with pulled at the material which caused damage. He demanded a refund in full and the person he was with was aggressive, swore and made threats. I advised him over the phone following this incident that we would make a repair to which he agreed but today he’s informed us that the person he was with was in fact his client and that his client is demanding a refund. We have no idea where we stand.
Hi Charlie
Thank you for your kind enquiry. I am sorry to hear of your position.
While we are unable to comment on specific matters, I am happy to list below a few general points that may help you.
1. Please refer to your own terms and conditions with regards quality of workmanship, refunds and repairs.
2. You should ascertain whether the product provided satisfies the requirements of the Consumer Rights Act 2015.
3. Your contract would appear to be with your customer and not the third party.
Apologies we cannot comment further and we would recommend you seek legal advice from a solicitor.
Kind regards,
Nicholas.
Please, please help. I ordered merino wool thermals 200gsm and 260gsm worth £333 from an online shop based in Germany, paying via PayPal on 27th of November. When it arrived, the quality was poor as the thermals were so thin compared to the same brand I have had for over 10 years. I used the company’s return policy which has a no quibble return policy, printed off a return label from the website, and sent some of the items back via Parcel Force on December 30th when we were allowed out of the house after lockdown.
I had no acknowledgement from the company even though tracking showed delivered and no response from the company about my refunds. On Feb 9, I contacted the company and was told to wait another 3 weeks. I and my partner are out of work and I needed the money to feed my family. I contacted PayPay explained the issue and I am being asked to provide proof of item being significantly different from what was advertised by 4th of March. Please help as I am scared of losing my money. I needed the thermals because I and my kids have rhematoid arthritis and cold is a trigger for our flare ups and the thermals are our lives. Now the winter season is finishing and I am about to lose my money. Please advice, I still have proof of my return and I can’t afford a court action. Thank you very much
Thank you for your kind enquiry.
Unfortunately, we are unaware of the legislation governing refunds within Germany. As a result, we are unable to advise what your rights are in this regard, as our blog is tailored around UK legislation.
We would recommend reading this for more information: https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm
We would also recommend contacting Paypal and providing them with evidence that the items have already been returned, and therefore you are unable to provide them with the specific evidence they have asked for.
We are sorry we cannot be of more help in this instance.
Regards,
Nicholas
Hi my beds arrived on the 12 ty and was ordered online. I paid £40 transfer online and £229 cash. They did not give me the headboard I asked for. They acknowledged that and apologised. They refused to refund me for the whole bed or to come and collect the head board because of covid . But it hasn’t been opened and still in it’s original packaging. They said they can only offer me £40 refund. They did not provide my refund straight away as they are waiting on a “form”. It is now the 20th and I still haven’t recieved my refund. What can I do
Thank you for your kind enquiry, Jamila.
In general terms, the vendor has 14 calendar days to process your refund from the point where you have requested it. It appears this number have days have not yet passed, and therefore, we would recommend waiting until this time has passed before escalating matters.
In relation to escalating matters, we recommend in the first instance making a complaint directly to the seller. Should they not respond to this complaint, you should consider posting a negative review or reviews on public review platforms, as this may trigger the response you require from the seller. You may also consider going to small claims court; however, you will need to determine whether it is worth it based on a refund amount of £229, as you are unlikely to recover court costs back even if you win. You should only consider going to small claims court once you have exhausted the complaints process, and you should be aware that the small claims court system is currently backlogged due to Covid-19 restrictions.
I trust this information is of use to you.
Kind regards,
Nicholas
Hello,
Thank you in an advance. If you can explain law term regarding, return damaged goods. I bought a jacket from the store and on the next day it was damaged, torn which I did not know how it happend. I went back to the store asking for help and to claim it. Store denied the claim and theh mentoined their return policy. They accepted only resalable condition. Well, I did not ask them to refund directly but they don’t even offer replacement. Can they do that even customer mentoined customer rights act.
Thank you for your kind enquiry, Kate.
In general terms, the store will be liable to provide you with a refund if the goods were sold as faulty. However, it is unclear from your description as to whether this is the case, as you state it was damaged on the next day (i.e. not at the time it was bought in the store). If the item was torn outside of the store, the fault appears to have been caused by the buyer (i.e. yourself), in which case the store has the right to withhold the refund.
I trust this information is of use to you.
Regards,
Nicholas
Hello, I was wondering if you could help me. I am the consumer in this scenario. I purchased a pair of earphones and was well within my rights to return them as per the companies returns policies. I was told to cover costs of returns so I sent using Hermes postal service. I provided the company with the tracking number in which they kept in contact with me, chasing occasionally got the tracking number and whether they have/haven’t received it. After a couple of email exchanges about the delivery being received or not and questions on whether it was included with another order number (which was totally unrelated to my order number so it seems their warehouse team is really unorganised) they said they would check with the warehouse again to see if the parcel was received. Now, long story short they said they found some shoes in the returned parcel instead of the earphones I had purchased from them and sent back and told me to contact the courier company to enquiry what has happened. I have used the virtual assistance via the courier help page and they need photos to prove/assist with my enquiry which I have requested from the company but have not been sent any. They have not replied to my emails and I am now stuck on what I can do as I cannot take this further with the courier company (and that is even if they are at fault as I am skepital about the earphone company on whether they are actually telling the truth about some shoes being received as the box would have been too small). Can you help me advise how can I go about getting my refund in full as I am out of pocket of over £100 nor do I have any product in my hands for the value of it! Please help! Many thanks.
Thank you for your kind enquiry.
With regards your situation, at the moment it comes down to a he said / she said argument between yourselves (or the courier company) and the seller. However, it is not appropriate for the seller to stop communicating with you, and this could be a sign that they are not being reasonable with regards to resolving this matter.
If the seller is a large well known company, I would suggest triggering their complaints process as they are likely to have one. I would also suggest you may wish to publish negative reviews on review rating platforms for that company – this should prompt them into renewing contact with you to attempt to resolve the situation and get the damaging reviews removed.
You should also take into account that at present many companies are experiencing delays in responding to customers due to Covid-19 restrictions – many companies do not have the technological capabilities to provide homeworking for their call centres due to data protection issues, etc. You should factor this into your next steps – i.e. have you given them enough time, factoring in the new nationwide lockdown?
If after a long period you are still no further forward, you could consider taking the seller to small claims court as it seems you may have a strong case; however, we would suggest you would need to factor in the non-recoverable court fee, which is likely to render this course of action uneconomic.
I hope this information is of use to you. If you require further clarification, please just leave another message and we will be happy to assist.
Regards,
Nicholas
So i have someone who bought a sea moss
Complained a week later that it was bad
Asked her to take a photo of it she sent me a photo days later
And it was more than half gone
Is a refund mandatory ? Or should i just give her another one free of charge I’m a new start up
Thank you for your kind enquiry, Rose.
In general terms, based on your scenario, the customer would be entitled to a refund as long as they 1. requested their refund within 14 calendar days of the purchase date, 2. you receive the item back from the customer within 14 days of them making their refund request.
However, you are entitled to offer to send another one free of charge on the condition that the customer waives their right to a refund if a replacement is sent. However, the customer has the right to decline that offer and receive a refund in full if they choose, as long as they meet the criteria above.
I trust this information is of use to you.
Regards,
Nicholas
I work for a jewellery e-commerce business. A customer is saying they’ve returned 4 rings but we’ve only received 2. They are now saying we’re scamming them. How do we deal with it? I’ve worked here 6yrs and never had this issue before. It’s their word against ours!
Thank you for your kind enquiry, Lisa.
In general terms, a refund is only due once the seller has received the items back.
In this scenario it is very much a case of he said / she said and it seems likely to be able to prove either way re: the receipt of 2 rings. If the rings were of value, you as the seller could argue in a court that the items should have been sent via a tracked method, given their value, and to reduce the risk of the rings not reaching their destination, which does occasionally happen.
If the rings are of significant value, I would suggest you may wish to defend your company’s position that you did not receive the rings. You should be aware that the sender of the rings (i.e. the purchasers) may take you to court to retrieve the rest of their refund, so you should be sure that you can argue your case effectively before refusing a refund due to non-receipt.
I hope this information is of use to you.
Regards,
Nicholas
A customer is u happy with fitted hair extensions and we have offered to look at them and eventually agreed to refund but want the extensions returned so we can go to the company we in turn received them from however the customer is refusing to return them and wants refunded where do we stand are we right to insist on their return before we refund
Thank you for your kind enquiry, Ann.
In general terms, you are required to provide a refund in an instance where the item is not a custom-made item and the refund is requested by the customer within 14 days of the purchase. However, once the customer has requested a refund, they then have a further 14 days to return the item. You are not obliged to provide a refund until the item is returned. If the item is not returned within 14 days, legally speaking the customer is no longer eligible for a refund.
I trust this makes the position clear with regards to the scenario you describe.
Kind regards,
Nicholas
Hi
I am looking for some advice.
We were asked by a potential customer to provide a estimate to supply materials and labour to fit a new floor in a flooded kitchen.
We supplied the estimate and a breakdown of the cost of materials separately and labour.
To which the customer agreed and gave us the go ahead to supply and fit the job.
Materials ordered from BNQ for delivery on the day the job started.
Materials arrive and one item is the wrong size and we have to return the item and purchase the correct thickness for the job to start on a different day as the item was oversized and bulk delivery.
The customer gives us a key and we arrange an alternative day to do the job.
We arrive at the arranged time and can not gain access as they have gave us the wrong key and the customer lives 2 hours away from the property.
We advise that we would now be unable to complete the job that day and our schedule would mean we couldn’t return for another 3 weeks.
We offer to return all the items ourselves and that the client seeks out another contractor to do the job.
He asks that we wait at the house for 2 1/2 hours to allow his mother to arrive with a key and then bank transfer funds so he can keep materials.
Which we agree and funds are paid and we leave the materials and the job is not to be completed by us.
We do not charge him anything for our time etc and over 2 hours traveling in both directions just the cost of the materials in the original estimate which they agreed and gave the go ahead.
9 days after all this he asks where we purchased the flooring as he needs more.
We give him the required information.
2 days later the customer texts and asks us to refund the cost of the flooring as they are not happy with what they have purchased.
We offered to refund the purchase cost to our selfs not the cost to him on the estimate.
He has made it clear he is unhappy that he paid more for the materials than they were in the shop.
My argument is he had every opportunity to supply all the materials and do all the leg work and take in delivery of the materials and would not of occurred the extra costs we add on to the supplied materials.
And said if he wanted the refund of the cost he paid for the materials on the estimate then we would invoice him for the time and effort in collecting the materials and taking to site and the time waiting for a family member to come to site and allow access to purchase the materials.
Any help with this matter would be appreciated
Regards
Gary
So we have a online shop, which is designing and drawing personalised digital art such as portraits or various other images etc.
We have something in site that says that once proof of final image has been agreed (consumer has seen this and ok’d it) then there is no refund as it takes several hours to draw these images out digitally. They are also personalised so cannot be sold on to anyone else.
Thank you for your kind enquiry, Daniel.
In general terms, custom-made items can only be eligible for a refund if they are ‘faulty’. The definition of faulty is subjective – so we would argue it is something that a ‘reasonable impartial observer’ would view as faulty. In this instance, I would suggest this would mean that the delivered product did not resemble the proof, or was in a format not agreed.
Custom-made items are not eligible for refunds under the ’14 day’ rule.
I trust this information is of use to you.
Regards,
Nicholas
Hi,
I have just started buying and selling clearance stock on online platforms such as Facebook. A woman has bought a chair off me which has been checked twice over. She wants to return it on the basis she doesn’t like it but she has opened the packaging and actually assembled the chair. When I refused the refund for her for just not wanting it , I said I’d be happy to refund her if its exactly how I sent it in it’s original packaging and not been assembled. She then has come back saying there are marks on the chair but that was not her first reason. Surely people cant just change their mind on the basis they do not like it as I sent her the full link to the product description which included all the dimensions, colour and functions.
This item would now be no good to me as its been cross contaminated during a pandemic and for all I know she could have damaged it whilst assembling.
Please can I have some advice on what to do? As i have only just started and Idont want to much drama for such early days of me selling.
Thank you for your enquiry, Joshua.
In general terms – as the item is not custom-made, the customer has the right to return the chair as long as she makes her request within 14 days of the date of purchase. Once she has made the request, she then has a further 14 days to return the chair to you. She will be required to dissemble the chair and return it to you in the packaging it was sent in to be eligible for a refund.
Unfortunately people are allowed to change their mind as long as they have not used the chair itself (even if it has been assembled).
I trust this information is of use to you.
Regards,
Nicholas
I am a small business owner running an online shop. On November 4th I processed an order which was delivered to the receiver’s neighbour by a courier company. The actual customer sent it as a gift to a friend. The courier did not leave a note informing of the delivery so customer contacted me and I provided all the useful information as to where the parcel had been left. Info was available online using Tracking code which was provided to customer. Now, 25 days later customer is saying that the receiver hasn’t gotten the parcel and that I should send replacement. I have asked the customer to state the steps that the receiver took in order to retrieve her parcel but customer is not replying. I have also very kindly asked for the receiver to come in contact with us but again no response on that. I can’t afford to send replacements so easily and it sounds like they are trying to pull a trick here. What do I do?
Thank you for your kind enquiry, Synthia.
Given the parcel was not directly delivered to the recipient, we would suggest at present you are liable to refund or provide a replacement item, as you cannot provide evidence that the receiver ever received the item. We would suggest contacting the courier company and attempting to ascertain whether they have a responsibility to provide damages for the item, as it seems irregular to provide the item to a neighbour without a signature. It may be that you wish to use a more reliable courier company in future.
I trust this information is of use to you.
Regards,
Nicholas
Hi there,
I purchased a pair of shoes online. The T&Cs stated that as the goods were in sale, I would only be eligible for store credit if I were to change my mind.
The shoes don’t fit, so I would like a refund and not online credit but the store is refusing.
I’m sure it is my right through buying online to be entitled to a full refund if the shoes are in returned in perfect condition but the retailer is saying that in purchasing the shoes I accepted that no refund would be given. Is this correct? I was sure my consumer rights override their terms and conditions?
Hi Elizabeth,
A seller cannot create policies which override the Consumer Rights Act 2015, regardless of whether the item was in a sale or not. The Consumer Rights Act states that you are entitled to a refund should you request a refund within 14 days, and should you return the item within 14 days of your request being made.
I would suggest that if the seller continues to state the same thing, that you consider leaving negative reviews on public platforms of this particular seller.
I trust this information is of use to you.
Regards,
Nicholas
Hi, as a seller, I cannot find this information about refunds and returns
We sell on a marketplace that insists that we refund a customer if the order arrives a day later than advertised. This seems unfair especially in these erratic times.
Do we have the right to insist that the order is returned as we are told that they can only ‘advise’ the order is returned to us but not tell the customer it must be. The marketplace is not out of pocket but the seller is and the full refund will be made on our behalf within 7 days (not 14 days).
These are harsh T&Cs but we have to abide by them apparently
I believe I read somewhere that a customer should return an item if they have been refunded as the contract no longer exists and they are no longer the rightful owner of the product.
If we send a courier to pick up the order or a prepaid label can the customer refuse to give it up? and what other recourse do sellers have to retrieve goods from customers
Basically what is the law as I cannot find this information
Thank you for your kind enquiry, Gale.
In general terms, the laws regarding this matter are quite simple. The request for a refund for non-faulty goods can be made within 14 days of the date of purchase. Once the refund request has been made, the person who makes the request has 14 days from the date of the request to return the item. You must process the refund of the goods within 14 days of receiving the goods back from the person who originally purchased them. These provisions are laid out in the Consumer Rights Act 2015.
More information relating to this can be found here: https://www.gov.uk/accepting-returns-and-giving-refunds
I trust this information is of use to you.
Regards,
Nicholas
Hi, I brought a personalised sequin cushion and the image is of really poor quality..it does not resemble anything like the images shown on their website…I have images on my phone of their website and the pic of my cushion..I contacted them and was told they dont give refunds on personalised items.. not happy as my cushion looks awful and the quality of the image is poor and after reading some reviews on their site it seems I’m not alone…despite me telling them this they are not sending.me return address details
Thank you for your comment, Serena.
As the item is custom-made, the only avenue for a refund is based on the item being faulty. You are stating the item is faulty; however, this is debatable and the seller may argue differently.
IF the seller does not provide you with a refund, the two avenues open to you are to leave a public review of their services, which may provoke them into action. Alternatively, you may wish to take the seller to small claims court; however, this would be dependent on the value of the cushion, as there is a non-refundable court fee of £65 of taking something to small claims court, and there is always the chance of you losing at court.
I trust this information if of use to you.
Regards,
Nicholas
Thank you for your article! Very informative.
I wonder if you can help advise me with the situation I’m currently facing.
I build and sell campervans for a living.
I recently sold a vehicle which we had owned for a year, but had put a brand new conversion in.
Since owning the vehicle the customer hasn’t used it at all, but has had a lock fall out of the driver door, and now has ‘engine failure warning’ displayed on the dash. The vehicle has 4 years left of a 5 year warranty, with Nissan. The vehicle was sold with no warranty from my company, however the sale was made less than a month ago and the vehicle has done less than 1000 miles.
I have two questions which I’d like help answering please!! The first of which is, is this actually something I have to try and fix? My understanding is that its a warranty issue that must be repaired by Nissan? None of the parts that are deemed to be faulty have been installed by us, and are standard Nissan parts that you would find on any other Nissan van. I wonder if the van being second hand has any bearing on how this should be handled.
And question two is, if the customer demands a refund for the vehicle (which my understanding is that she is within her rights to, and we must legally honour it) and we don’t have the money to cover the cost of a full refund, where do we stand if that is the case?
Thanks in advance for any help or advice you may be able to offer, it is greatly appreciated.
Thank you for your kind question, Paul.
Regarding your first question; this would be covered by the manufacturer’s warranty, which you have cited has four years remaining. You would not be expected to be liable for fixing the faulty parts.
With regards your query regarding a refund, if an item if ‘faulty’; however, the definition of faulty is dependent on the complexity of the product being sold and what exactly is wrong with the item. With regards to the faults you have described; it would be deemed reasonable to ask Nissan to assess the vehicle and fix any issues under the warranty; prior to the customer being allowed to ask for a refund. It is unclear whether one of the faults would be fundamental to the vehicle being unusable in its present state (i.e. if the problem was with the engine and not with the ‘engine failure warning’ signal). This would need to be determined by Nissan under warranty before you could reasonably consider providing a refund. The faulty goods clause in the Consumer Rights Act is not meant as a catch all meaning that any fault with the vehicle would mean a full refund – this is because goods depreciate in value over time, and because reasonable wear and tear is likely with any item, even if unused.
I trust this information is of use to you.
Should you require any further assistance, please do not hesitate to leave a further comment.
Regards,
Nicholas
Hello please can you provide me with some info about a situation. I purchased a made to custom wig from an online business via social media. The seller had no return policies displayed on their pages. First issue was that there was no mentioned of shipping cost being payable by customer until after the item was posted via next day delivery. Can she rightly billed me now? Second issue: the wig’s lace arrived heavily stained by poor dying techniques. When told about this, she rudely stated pay my postage, return the wig and I will replace the lace. I would like a refund as oppose to replacement. She was informed of this but communication has now stopped from her end. The fault of this wig makes it unsatisfactory to wear. Am I within my right for a refund correct? Wig cost excess of £300. Please advise on the lack of communication being received now. Thank you.
Thank you for your kind enquiry, Naomi.
In general terms, items which are bought online but are custom-made only legally have to be refunded if the item is faulty. With regards to the issue of delivery charges, the company should cite that delivery charges will apply at the point of purchase.
With regards to the issue of only offering a replacement instead of a refund, the vendor must offer a refund and/or a replacement, but can never not offer a refund.
Unfortunately, if the vendor is no longer communicating with you, you may wish to consider taking the vendor to small claims court to attempt to receive the money back. However, this is a lengthy process and will involve a court fee of around £65; so you may have to consider alternative action such as publicising the vendor’s conduct on social media and review platforms.
I trust this information is of use to you.
Regards,
Nicholas
Hello, please i need and info about this situation; we have a hand bag shop and suit cases, sometimes , customers want refund because simply they changed their mind and they dont want it anymore or they liked somewhere else.So are we obliged to give refund in this situatiion??
Thank you for your enquiry, Sabra.
If the items are not custom-made, and a customer can produce a receipt dated within the last 14 days, you are obliged to provide a full refund as long as you cannot evidence that the suitcase has been used.
I trust this information is of use to you.
Regards,
Nick.
Hello, the article is very helpful, however, I have a question about giving refund and the customer refusing to give product back.
We are a window blinds company thay sells made to measure blinds. We were taken to court as we had sold a product thay was not fit for purpose. We were ordered to refund in full. From the sale date to the court hearing been 15 months. We want to know if we have the legal right to get our blinds back so we can show our suppliers of the issues what made the product not fit for purpose, but the customer is refusing to give the products back(6blinds) even when we have refunded the full amount.
Thank you
Thank you for your kind enquiry, Jimmy.
In the first instance you should check the court judgement to see whether it mentions the return of the blinds.
Should there be no mention of the return of the blinds in the course documents, you should have the right to have the blinds returned, as these should have been returned as faulty (i.e. as evidence of fault) to enable you to process a refund. In relation to the practicality of forcing the person with the blinds to hand them over, unfortunately it may mean going to court to do so, which you would have to make a commercial decision regarding, given the length of time and cost this may entail.
I trust this information if of use to you.
Regards,
Nicholas
A customer returns an item without receipt she has previously tailored the item to make it fit eg arms to long. She then brings back for a refund. Is she entitled to refund.
Thank you for your enquiry, Dawn.
If the item is custom-made and is not faulty, the customer would not be entitled to a refund, even if she possessed a receipt.
I hope this information is of use to you.
Regards,
Nicholas
Hi I have a customer whom bought a mug off me via Amazon. Attached to the mug is a small heart made of approx 50 small diamante. The purchase was made 2 months ago. The customer has messaged me to say that after using the mug today and washing it, she noticed 1 of the small diamante is missing. She has said that they have used the mug on a number of occasions since buying it. The feature doesnt affect the actual usage of the mug. Where do I stand with regards sending a refund or replacement as the wear and tear on the mug will inevitably mean the diamante will at some point come off as diamante tends to do. Thanks in advance
Thank you for your kind enquiry, Lisa.
The answer to your question depends on a couple of factors: whether the item was custom-made, and whether it was bought in a shop or online.
However, in general terms, if the item was faulty and the purchase is within 6 months of purchase, the seller is normally obliged to provide a refund. However, given the scenario you have described, there is a debate as to whether the fault affects the value of the mug given it only diminishes its aesthetic appeal. If you do not have a written refund policy, we would suggest you need to weigh up the reputational damage to your store that a negative review may cause should the customer be disgruntled should a refund not be provided.
I hope this answers your question.
Kind regards,
Nicholas
I am just wondering about personalised items and rights (it comes under a bespoke item). I purchased a personalised item however from basket to confirmation there was no obvious way to review your purchase so I only realised when I received my confirmation email that a mistake had been made. I emailed immediately (4 minutes after purchase) to alert them and ask for the item to be changed but they refused to refund or to change the order. What are my rights?
Hi Rosie,
In general terms, as long as work has not started on a custom-made item, you should be able to claim a refund due to the Consumer Rights Act. If the company works on very strict deadlines and would have started work within 4 minutes of the purchase, unfortunately your right to claim a refund may be lost. However, if it could be evidenced is unlikely to have been started, you would be within your rights to receive a refund. Should the seller not wish to give you a refund where work has not started, dependent on the value of the purchase, you may wish to consider making a claim to the Small Claims Court. It should be noted that a court issue fee of around £65 would be due to the court in this instance, so the price you paid for the product will determine whether this is worth the hassle and expense.
I trust this information is of use to you.
Kind regards,
Nicholas
Hi, hope you can help..
I paid for and placed an order online with a bakery of Keto goods back in May. They stated that there would be a delay of up to 8 weeks because of Covid which I understood. It is now almost 12 weeks and I have still not received the goods. I have been in contact via email and explained that I no longer wish to wait and requested a refund as on my account page with them it still stated the order was yet to be processed. Their cancellation policy states they will not give refunds because as soon as the orders are received they begin processing and also because the goods are perishable. They refused my request.
They offered to expedite my order for next week with some ‘freebies’ as compensation for waiting so long. Again this confirms they have not started my order.
I said on this occasion I would still like the refund… which they have refused again. But they said they would refund my postage costs and NOT send out the order…I had to laugh !! So basically they keep my £36.88 AND my order!!
Can you advise me where I stand on the purchase of perishable goods and obtaining the refund for non delivery of them within a certain time. They say that their management policy is not to refund at all.
Regards
Karen
Thank you for your kind enquiry, Karen.
With regards perishable goods, if the item is custom-made then different rules apply to refunds. It would appear from the scenario you describe that they have not started work on your order, and therefore you should be entitled to a full refund unless they can prove that work has started on your order – if this is the case they should be able to provide you with a definite time for arrival of the product. However, in practice, given the low value of the order, there is little you can do regarding this matter to leverage the company to provide you with a refund, other than to post a negative review or reviews on relevant social media, and hope that the company reacts to remove their review. The order value is too small to warrant going to the Small Claims Court, which would cost £60 to issue.
I trust this information is of use to you.
Kind regards,
Nicholas
Hi, Someone bought a bike from us, came to pick it up from the shop. A few days later he is claiming there is paint missing from the top. Obviously not there when the customer picked the bike up.
He has also stated he saw a small mark and thought it was sticker glue, so he rubbed it with his finger nail and it has now made the patch bigger.
Where do we stand with this. Thanks for your help
Thank you for your kind enquiry.
With regards to your query, I will presume from the scenario you are describing that the bike sold is not a custom-made bike. Due to the Consumer Rights Act, the customer has 14 calendar days in which they can request a refund, as long as the bike has not been used. I would suggest that in future you take a photograph of bikes being sold at point of sale, and carry out a quick check and note any defects with the bike. This way, you will be able to evidence to a customer that the bike is being returned in a different condition to the way it was received.
Regarding this particular scenario, as the customer is citing that the bike is faulty, even in a cosmetic sense, and you do not have evidence to the contrary, it seems likely you would have to provide a refund. The above should help your company protect itself from future instances.
I trust the above information is of use to you.
Kind regards,
Nicholas
hi thank-you in advance, I have an asian clothing shop and have dress orders made to measure for various wedding customers, now due to the corona everything delayed or cancelled am I obliged to refund the customers deposit ,leaving me with outfits which are made to measure which I won’t be able to return , we do mention to our customers that deposit is non refundable, where do I stand on this please, business has been closed since march and will reopen Monday 15th June
Thank you for your kind enquiry Lalta.
Unfortunately we are unable to provide advice on specific cases and we must decline on providing an opinion. We take this stance with customer comments of this nature, as we do not generally have a copy of the relevant T&Cs and we do not know the full facts regarding specific events and transactions.
We would recommend you seek legal advice from a solicitor or someone qualified to provide an opinion.
Please accept my apologies for not being of more assistance.
Kind regards,
Graeme
Hi,
I paid a deposit for a service a number of months ago, due to the current situation we have decided to cancel the service. At the time of payment no terms and conditions were sent, just confirmation the money had been received. I’m now being told that the deposit is ‘non refundable as it cover admin costs incurred to date in processing the booking’.
Am I entitled to a full refund?
Many thanks for your enquiry Kate.
Without knowing the specifics of whether the product was purchased online or was custom-made, it is not possible to state at present whether a refund would be due in these circumstances. Even if a refund policy is not outlined in the terms and conditions, the Consumer Rights Act rules still apply, which means that it may be problematic to obtain a refund in certain circumstances if the request for a refund is made over 14 days from the date of purchase. If you wish to elaborate on your particular situation, we would be happy to attempt to provide more detailed advice.
Kind regards,
Tana
Good evening, I run a small iPhone repair business. A customer had a repair carried out 2 days ago and has since dropped her phone again. It landed on the corner and smashed the glass. She claims that it is my fault as the screen seemed to break too easily. She has allegedly now taken it to another repair shop in my town and they have said that it is very poor quality. She is demanding a refund under ‘sale of goods act’ (her words)
I don’t believe my screens are poor quality nor do I feel that I should refund as she dropped a glass phone and smashed it. I’m not sure though if I can prove this or where I stand in this instance. Should I just refund her? Any advice would be appreciated. Thank you
Thank you for your kind enquiry, Claire.
The customer is alleging that the goods you have provided her with are faulty (i.e. they break ‘too easily). Therefore there is a dispute relating to whether or not the item is faulty or not. Ordinarily you would be obliged to provide a refund in this scenario if the goods are faulty; however, that is not yet proven. I would recommend that you carry out a due diligence audit of the manufacturer of the screens you sell to ensure that they are of a suitable standard and robustness – it may be wise to see if these screens are stocked by any major retailers (such as phone shops etc.) as this could be used as evidence that the goods themselves are not inherently faulty. If you are in any doubt yourself regarding the robustness of the goods sold to the customer, we would recommend you refund the customer to avoid public reviews against your company damaging your brand.
I trust the above information is of use to you.
Kind regards,
John
Hello
I’m in a situation I have never had in 10 years of trading. I sell handmade bespoke clothing that I make in my small studio. I had a customer order an item which he paid for via bacs due to the corona virus and he picked it up from our collection box so we followed the rules. He then wanted to return it!as it was too big. I allowed this and he chose another one which he tried on outside my premises, was happy with it and drove away. He then messaged me a day later saying it was too short could he order a made to measure one in the same colours. I again obliged but asked him to return the one he had before I made the new one. He returned it today but it has a good stain down the front and has obviously been worn. I ran out to his car to tell him and he denied wearing it and drove away! So I took photos of the damage and emailed them to him straight away with a link to our terms and conditions. We do not accept damaged or worn returns. He is insisting the stain is not from him and wants a new one. Am I correct in thinking I do not need to refund or replace the damaged item and I should offer for him to have it back or pay for a new one? We cannot resell this one and it’s worth £85 So not something small! Should I ask for his address and send it back or is there a way to make him realise he can’t deny trying to return damaged goods? I have his money am I obliged to supply him with a new one or refund I think not but I hate arguing!
Thanks
Thank you for your kind enquiry, Anna.
As the item is custom-made (i.e. bespoke), you are not obliged to provide a refund to the customer if the item is not faulty.
As you appear to have written evidence that the customer claimed the item was too short – this is going to be the basis of whether the item is faulty or not. If you receive explicit size instructions from the customer, and they have then concluded they made a mistake and the item is too short, they are not entitled to a refund as the item is custom-made. If you have provided the customer with a size other than what they ordered, you are obliged to provide the customer with a full refund.
As a result of the above, we would suggest that you do not refund the customer on the basis that the item is custom made and not faulty. As you already possess the customer’s money, it is up to them to raise a dispute through proper channels. We would suggest you include the above information regarding custom-made product refunds in a refunds / terms and conditions policy, if you have not already done so.
I trust the above information is of use to you.
Kind regards,
Tana
Hi,
we have a small business selling cross stitch kits that we make up from existing patterns. Sometimes, we have people asking us to order specific items or a specific kit from us and for this, they pay in advance so we can cover the cost of getting the materials in.
Where do we stand if that person then wants to cancel their order and have a refund? We have ordered the items specifically for them, it’s not something we would normally stock so now we will be stuck with it and out of pocket. Can we state that special orders are not able to be returned or refunded because they have been ordered specifically for a customer rather than as part of our normal stocking procedure?
Thank you for your kind query, Zarina.
If the item is custom-made, you do not have to provide a refund if the item is not faulty. As the customer has cancelled the item prior to receipt of it, there is no way they can claim the item is faulty. You can point the customer towards the government advice which states this: https://www.gov.uk/accepting-returns-and-giving-refunds
We would suggest that if you have a website, you write a refund policy which includes this condition.
I trust the above information is of use to you.
Kind regards,
John
Hi John,
that is very helpful, thank you. I will amend our terms and conditions accordingly to cover this.
Zarina
Best of luck, Zarina.
Regards,
John
Hi,
I work for a small business online. A customer have returned a product with marks on it and is deemed non resalable as it’s not in the same condition it was sold. In our returns policy, it states we will return the items back to the customer without a refund if items have been worn and not in the original condition it was received.
The warehouse is arranging the item to be returned to the customer without a refund and the customer is contesting.
Are we obliged to refund the customer when they have damaged the product?
Hi Mandy,
Thank you for your question.
Unfortunately we are unable to comment with regards specific matters as we do not provide legal advice, nor do we know the full circumstances with regards your terms and conditions, refund policy, and this transaction, etc.
We would advise that you seek legal advice in respect of this matter.
I trust this information is of assistance.
Kind regards,
Graeme
Hi there,
Really looking for some help. I run a small business online. Unfortunately a customer received a damaged dress and is demanding a refund but not returning the dress. We have offered to reimburse postage costs, have the item picked up by courier or post label to her to get collected. She’s refusing to return and demanding refund.
What can I do? Thank you so much
Hi Tahira
Thank you for your question.
Unfortunately we are unable to comment with regards specific matters as we do not provide legal advice, nor do we know the full circumstances with regards your terms and conditions, refund policy, and this transaction, etc.
However, with regards distance selling it is usual that a full refund should be offered to the customer if they inform you within 14 days of receiving an item that they want to cancel. The customer has a further 14 days to return the item after notifying you, and should be refunded within 14 days of the returned goods being received.
I trust this information is of assistance.
Kind regards,
Graeme
Hello
I run a small business providing weddings & events.
Obviously customers have moved their date this summer due to COVID19 & gave various options for my business to
to supply the service at a different date , however some customers are choosing dates that we are already booked for and they want a refund, I’ve stated on my contract that deposits are non refundable, but a recent document has been released, does this mean I must refund everyone? Or is the document vague? If I’ve got to give refunds it will leave me flat broke. Is this statement legally binding and if refunds have to go ahead can they wait until I’m back working with 3-5 month’s payments?
Thank you for your kind enquiry, John.
We are not aware of any change in government guidance relating to wedding contracts and refunds. The relevant documentation relating to wedding contracts has not been updated during the current pandemic, and can still be found here on the GOV.UK website: https://www.gov.uk/government/publications/wedding-and-event-venue-providers-letter-from-the-cma-on-contract-terms
As a result, as long as your deposit obligations are fair as per the Consumer Rights Act 2015, you should not have to refund a deposit once paid for. We would recommend you contact the relevant customers and do your best to endeavour to arrange a suitable time for their wedding, whilst providing them with information regarding why their desired choice of dates may not be available.
Should you require further assistance, we would suggest you seek professional legal advice. I hope this information is of use to you.
Kind regards,
Tana
Hi, I bought of an online company. I have raised issues about the colour of the product being wrong. Also marks on it.
She accused me of not liking the colour and called me a liar and that I marked it myself.
They also offered a refund or a replacement which I accepted replacement, then said that they have forgitted my right to for this now as they “know for a fact” I’m lying. They have blocked me on all social media sites. She was rude swore at me over the phone. How would I escalate this further please ?! I feel I’m entitled to a refund now?
Thank you for your kind enquiry, Jade.
You have three options. If the company is regulated, you may wish to make a written complaint to the company directly. Should that company not provide you with a satisfactory response within 28 calendar days, you may be able to escalate your complaint to the relevant Ombudsman service for arbitration. You should not escalate a complaint to an Ombudsman service straight away; you must evidence in writing that you have attempted to resolve the issue by complaining directly to the company in question first.
Alternatively, you may choose to report this company to National Trading Standards. You can find contact information for this body here: https://www.nationaltradingstandards.uk/contact/
One final option, if the item is of significant value, may be to file a County Court or High Court claim against the company. You will be required to compile and submit evidence in written form, and you will also be charged a court fee depending on the value of the item. Should the County Court or High Court find in your favour, you will be awarded the refund; however, you may not be awarded the associate court costs. We recommend you do not go down this route unless the item is of significant value, and the company is not covered by an Ombudsman service.
I trust the above information is of use to you.
Kind regards,
Tana
Hi There.
I was wondering if you could clarify this for me.
I run a solar energy company where we supply equipment only, we do not install. Normally we sell to installer companies but sometimes we sell to customers who are electricians etc and they want to install themselves. If a customer receives a system then decides its not suitable for him after he has had it installed. (we cannot resell it once its been installed) What is the rules on refunds and returning the system back. Our sales are either over the phone / email and online. On the same note, if i have to take the system back and refund the customer, what rights do i have when trying to give it back to my supplier. Many Thanks.
Thank you for your kind enquiry, Ron.
As your goods are not sold face to face, your customers have the right to request a refund within 14 calendar days, even if the item is not faulty. The customer does not have to provide a reason for returning the item, and you are obliged to provide a full refund. Should the customer make their refund request within 14 calendar days of purchase, they then have a further 14 calendar days to return the item to you. If either of these two time periods is missed, you are not obliged to provide a refund. If you have a written refund policy published in relation to what proof of purchase etc. would be required for a refund to be processed, you should enact these. If you do not have a written refund policy, you may wish to create one for future reference.
With regards to returning items to your supplier, the same 14 calendar day rule applies if you purchased the item from your supplier at a distance (i.e. you did not see the item). If you did see the item prior to purchase and the item is not faulty, the supplier is not obliged to provide you with a refund.
I trust the above is information is of use to you.
Kind regards,
John
Hello, the article is very helpful, however, I have a question about getting a refund. I ordered a laptop battery online. It should have been delivered within 8 days of order date. It did not arrive so I emailed the company and cancelled the order and requested a refund. I paid through PayPal. I did not get a reply. 12 days after I cancelled the order, the company despatched it and I received it. The company state in their terms and conditions that I need a “return merchandise authorisation” to return the item. I have requested this along with a return address but have not had any response. How do I get a refund. PayPal only mentions items not received or items not being as described but these do not apply to me. I cancelled the order 9 days after placing it but it was still delivered 13 days after cancelling. Thank you for your help.
Thank you for your kind enquiry, Yvonne.
With regards the rules regarding refunds, given that you exercised your right to cancel your order within 14 calendar days, and as you did not receive or use the product in this time, you are within your legal rights to return the item and receive a full refund.
Given the cost of the item is quite small and it is unlikely you would be willing to take the seller to court regarding it, we would recommend you: 1. contact Paypal and inform them of the situation, and why their rule regarding items not received (before your refund request) still applies. 2. Consider leaving the seller a negative review, if there is a review platform or platforms to do so. This should hopefully force both Paypal and the seller to engage in a fairer manner to resolve this issue.
I trust this information is of use to you.
Kind regards,
John
Hi, I run a small business creating one off and personalised goods. I have been told by a customer that the items are not fit for purpose and asked for a full refund. However since refunding half of the total price in good faith, it seems that the items were used regardless. (The original items were supplied and personalised by myself so nothing is physically being returned.
Where do I stand in this matter?
Thank you for your kind question.
With regards items which are not fit for purpose, you are oblied to offer a refund if the item is faulty. With regards the customer using the item, it is likely to be difficult for you as the seller, to establish whether the item was used by the customer to test whether it was fit for purpose, or used in full and a refund request made with false pretences.
If you have a refund policy which you have made your customers aware of, you should stick to this, as you would have entered into a contract including this refund policy when your customer agreed to your terms and conditions during the purchase process. If you do not have a refund policy, you must ensure you comply with the Consumer Rights Act 2015. If the customer has made a refund request within 30 days, citing that the goods are faulty, we recommend you supply a full refund to the customer, to ensure you are compliant with the Consumer Rights Act 2015. You may be within your right to only pay the second half of any refund upon receipt of the returned faulty item – however, we would advise you seek professional legal advice prior to taking this course of action.
I hope this is of help to you.
Kind regards,
Tana
Hi i have a wedding car business and due to this corona virus customers are cancelling their wedding. Do they need to get a full refund? I advise that they can postpone to a later date or get a credit note but some ask for a full refund. Can u advise? As its not their fault bt not mine either. Please advise
Thank you for your kind question, Gaby.
Whether customers are entitled to a full refund will be dependent on the refunds policy (if any), which you outlined when they paid for the service or deposit from you. If you have taken a deposit, that will not need to be refunded, as long as you have specifically informed them in writing that they are paying for a deposit.
If you do not have a refunds policy, we would advise you seek professional legal advice on the matter.
I hope this is of help to you.
Kind regards,
Graeme
Hi I own a small gift/Boutique shop. If a customer comes in for a refund and has no receipt I understand I have to give a refund if the item is faulty but if they say they paid in cash and have no receipt how do I deal with that? We dont often Keep much cash on site and all moneys are banked so if they are insisting on cash and have no receipt where do I stand?
Thank you
Hi Debra,
Many thanks for your kind question.
If an item is purchased in a shop, the customer does not have an automatic legal right to return it if they change their mind. A shop can choose whether to have a returns policy for unwanted items, and if this is stipulated in writing to customers, this should be adhered to by the shop in question, as this forms part of a legal contract when the item is purchased.
If an item is faulty, a customer has the right to make a claim for a refund, a repair, or a replacement, depending on how long the item has been faulty. If a customer does not have a receipt for a faulty item, they still have the right to a refund, repair or replacement, depending on how long the item has been faulty. If you or any of your staff can recollect that the customer purchased the product in your store, and you know the price they would have paid in cash, you should offer them a refund, repair or replacement. If there is a dispute as to the veracity of the customer’s claim that they purchased the item in your store, as opposed to elsewhere, this is a different matter and unfortunately we cannot advise.
I hope the above is of use to you.
Kind regards,
Tana
If a small business changes hands (i.e. new proprietor operating from a new business address) , are the consumers’ rights still the same if they want to return an item?
What if that particular item has been discontinued?
Hi Sarah,
Thank you for your question.
In general terms, a customer purchasing something from a company agrees to their terms and conditions and refund/cancellation policy when the purchase is made. This forms a contract between yourself and the vendor. These terms and conditions cannot be subsequently altered for the purchase you made, as this would breach the contract between yourself and the vendor for that purchase. Consumer rights in statute are the same for all people for purchases in the UK and these cannot be dismissed by the vendor. Specific consumer rights only relevant to your particular contract with the vendor cannot be changed after you make the purchase. Therefore, even if the item has been discontinued, if you have the right to return it with a refund due to consumer rights in statute or specifically mentioned in your contract, these rights still apply.
I hope this is of help to you.
Kind regards,
Sulltana Sheshi
I own a wedding car business and our payment policy is to pay a booking fee upon booking, 6 months prior to their wedding day half of the remaining balance is due and 6 weeks prior the later part of the balance is due. My customer booked with us in feb 2019 and paid the £100 , wedding date 7/9/19(total amount £350) £125 was due to be paid in March 2019 but the remainder balance of £250was paid in April 2019.She postponed her wedding in June 2019 , which we said we would honour when she rearranged her date.We have been informed today that she requires a refund, is she entitled to the £250 or the £125 as her mother signed a form with all of the payment and cancellation terms and conditions on the form, also I can not confirm if the wedding could still be going a head but now she can not afford other booked items. We are always fare and we just want to do the correct thing. Thanks
Thank you for your question, Laura.
As I am not aware of your cancellation terms and conditions, I cannot comment specifically. Generally speaking, your cancellation policy should include what happens to a refund in the event that the wedding is cancelled. If it does not, we suggest you seek professional legal advice as unfortunately we are unable to review your contract with your customer.
Kind regards,
John
Hi i was wondering if I paid for a service but have deemed it to be unsatisfactory am I able to get my money back If the service cannot be performed again.
The agency who have performed the service have included a “no refunds term” in their agreement. However the agreement was presented to me after I had paid and that term was never mentioned. Also I have not signed the agreement to this date. They still decided to carry out the service but in my judgement it has been negligently performed.
Thank you for your kind enquiry, Nyan.
Without knowing the specifics of the scenario you describe, it is difficult to offer specific advice. I would suggest this case is likely to give rise to a ‘dispute’ between yourself and the service provider as to whether the service was performed negligently or not. This would form the basis of whether or not a refund would be due, as in normal circumstances a custom service which cannot be reproduced would not be applicable for a refund, due to its customer nature, unless the item or service was faulty.
I hope the above is of some help to you.
Kind regards,
John
Hello,
I am a young person starting up a small business where I produce custom goods. I am aware that there cannot be a complete “No Refunds” Policy, however the article says that “You have to offer a refund for certain items only if they are faulty, such as: Personalised and custom-made items”, but I cannot say “No refunds given except where goods are faulty”.
How do you recommend I state my policy with this in mind?
How about “Refunds are accepted where goods are faulty. Other factors do not apply”? Please do let me know!
Hi Eve
Thank you for your kind comment.
Unfortunately, we cannot advise on how you should write your refund policy as we cannot provide professional advice on contractual matters and we do not have a granular knowledge of your business.
We would advise on taking professional advice from a solicitor to ensure your policies are compliant with the relevant legislation, e.g. the Consumer Rights Act 2015, and Consumer Credit Act 2013.
I trust you understand our position.
Kind regards,
Graeme
Hello.
I have had a customer contact me via etsy, to say that the jewellery item she’s received isn’t appropriate and would like to return it. I’ve said she can but I’m hearing conflicting stories about the original postage. Apparently I have to refund that but she pays the return postage. What is correct please?
Hi Debbie,
You should refund the customer the amount they paid for the item, plus postage. However, the customer should pay the postage to return the item to you. You can find out more information on this subject here: https://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online
Kind regards,
James
Good evening, thank you for your very helpful article. Please could you advise what is the legal position on goods ordered from a physical shop premises in the UK, but from a catalogue (e.g. a sofa model they liked from your catalogue, but which you don’t have in stock)? Many thanks
Hi Jade,
Thank you for your question. I am afraid I am unable to help in this instance. I would recommend you seek legal advice on this matter.
Kind regards,
James Howell
How do you deal with a customer without proof of purchase who insists she paid more than we sell it for? Customer waited over 3 months to return an item because she deemed it not fit for purpose without a receipt. Manager agreed to refund her in good faith as the item was priced in store. The customer insisted she paid an amount inconsistent with our pricing structure and is refusing the refund and targeting our business on social media and threats to go to trading standards unless we pay her more than the asking price.
Thank you for your kind question.
If the customer has no receipt of the transaction, it may be difficult for them to provide evidence to trading standards that the product sold to them was purchased at a higher value than the refund. If you have any evidence of the item being sold at a cost lower than the customer is alleging at the time period in question, I would prepare this evidence in the unlikely event it is needed in future. We would not recommend continuing to engage with the customer directly, if you have provided them a full explanation regarding the matter.
With regards handling the negative feedback on social media, we would recommend that you respond to the feedback in a professional manner, stating you have investigated and this is your conclusion, for the benefit of other potential customers and as a damage limitation strategy.
I trust the above information is of use to you.
Kind regards,
John