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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Consumer law

Customer Question

consumer law
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Do you have a particular question you would like to ask?
Customer: replied 1 year ago.
Hi Jennywe run an online shop, we have a customer complained that a single product from a multi buy ( 6 products ordered) was received damaged, they advised this damage 7 days after receiving the parcel. We advised to return that single product for either a refund or replacement, they refused to return and opted for a full refund on the entire order value. We agreed and requested they return the parcel to us and we will refund in full plus the cost of return. They refused to return the parcel and then reported another product was damaged ( we suspect willful damage here) ...they are refusing to return the parcel and are now threatening to issue a chargeback? .....they went further to say they will only accept us to have the parcel collected and will not return it to us.
Expert:  Jenny replied 1 year ago.
To be clear are you offering to pay the postage and packing on the return of the 'damaged' item?
Customer: replied 1 year ago.
yes , infact since they now want to return all the goods ordered, we have advised we will pay all return costs and full refund
Customer: replied 1 year ago.
they ordered six valuable products, we sent them all in one parcel ...they want a refund on the entire order , we have agreed, we just requested them to return the parcel to us which they refuse to do and have cited law to us?!
Expert:  Jenny replied 1 year ago.
Well they do not have rights as regards ***** ***** that are not faulty. They only have rights as regards ***** ***** damaged item. If you are offering to pay the postage and packaging and you are offering to refund the price of the faulty/ damaged item then you are meeting your obligations under the Consumer Contracts Act 2015. Put this in writing to the customer in the event that you have not already done so. If they then try to bring any claim against you you can prove you have acted reasonably and within the law in your offer. Is there anything else you would like to know?
Customer: replied 1 year ago.
my concern is the chargeback threat ?
Expert:  Jenny replied 1 year ago.
How did they pay?
Customer: replied 1 year ago.
credit card
Expert:  Jenny replied 1 year ago.
so they are looking to bring a claim under the Consumer Credit Act?
Customer: replied 1 year ago.
yes..they cited breach of contract and that if we do not collect the parcel within 10 days they wl issue a chargeback claim via the credit card issuing bank
Expert:  Jenny replied 1 year ago.
To be clear do you have terms and conditions which state that you will collect faulty parcels?
Customer: replied 1 year ago.
no, we clearly state damaged to be reported within 7 days of receipt and all returns netted by our company
we provide the returns address clearly at website
Customer: replied 1 year ago.
we did offer to colelct the damaged goods though just to prevent further grievances, but they refused !!
Expert:  Jenny replied 1 year ago.
All you can do is keep a record of what you have offered. It sounds like no matter what you offer they will not agree to it. Under the Consumer Credit Act the seller and the bank are jointly liable if something goes wrong. When they lodge a complaint with the bank you will be asked for information. Tell the bank that you dispute the claim because you have offered a refund or a replacement. There will be no additional liability to you even if they do make a charge back claim.
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thank you Jenny
Expert:  Jenny replied 1 year ago.
No problem, they sound like dreadful customers. I am sorry you have had to deal with them. If you have any further questions please ask.
Customer: replied 1 year ago.
Hi TaraIt gets worse...the customer has finally returned the goods ( all 6 products) however what they have done is keep 2 of the luxury boxes that retail for £149/each and returned 2 boxes we have never retailed!!what now ?? what is the law on this? as they will obviously now deny this !! incredulous situation
Expert:  Jenny replied 1 year ago.
have you refunded the entire amount?
Customer: replied 1 year ago.
no refund at this point
Expert:  Jenny replied 1 year ago.
Refund the amount minus the boxes they have retained and explain why and keep hold of the boxes you have never refunded as evidence if they try to claim back the remaining amount.
Customer: replied 1 year ago.
thank you
Expert:  Jenny replied 1 year ago.
No problem
Customer: replied 1 year ago.
Name : M Risely
Transaction Reference Number : 86836294
Transaction Date : 2015-12-20
Transaction Time : 19:56:33Amount refunded : 387.95Please keep this email for your referenceRegards
ChessMaze International
Customer: replied 1 year ago.
if needed can we hire you to support this with credit card company ?
Customer: replied 1 year ago.
we have refunded except the two boxes
Expert:  Jenny replied 1 year ago.
Hello come back to me if you have any further queries. I may be able to help you if you do but hopefully you will not.
Customer: replied 1 year ago.
thank you again
Expert:  Jenny replied 1 year ago.
no problem.

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