Ask a Law Question, Get an Answer ASAP!
The customer claimed that the indicator was broken on the bike, it is a scooter similar to a vespa. The customer was given the opportunity to inspect the goods before signing receipt. Our terms and conditions of sale state:
2.2. If the Goods have been damaged or shortage upon receipt, you are required to check the goods before signing receipt. If the goods are damaged or there is a shortage you are required to sign for the goods stating on the delivery note the damage or shortage or refuse the goods.
Customer accepted goods, signed for them in good conditions.
Despite this as a gesture of good faith, without liability we send him a replacement indicator free of charge.
We know that the goods were inspected as the courier has confirmed.
This is not our main concern. The customer has managed to obtain a refund via his credit card company. We have requested that the goods are collected or he pays for the goods. He has refused to pay for them and has advised he has disposed of the goods. He claims he was entitled to dispose of the goods as he requested we collect them before he filed a dispute with his card company.
Is the customer entitled to dispose of the goods, if so what protocol does he need to follow under which legislation? At no time did he inform us he was disposing until after he had done so.
If we are to pursue a claim against him for the goods, what legislation to we claim under?
He sent us a photo, we could see damage. He had inspected the goods and not refused or signed for them damaged. instead he signed for goods in good conditions.
Irrespective, our question is: was the customer entitled to dispose of the goods, if so what legal protocol does he need to follow under which legislation? At no time did he inform us he was disposing until after he had done so.