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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48771
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I have a business selling used Outboard Boat motors in the

Resolved Question:

I have a business selling used Outboard Boat motors in the UK.I sold a used outboard to a customer who has been unreasonable and wants to return the outboard. There is no fault however a part of the outboard is heavily corroded and subsiquently has a hole in a cover (it does not affect the running or use of the outboard in any way) but looks poor. It is a 20 year old outboard however!I need to know where I stand, do I have to refund him the delivery charge he paid AND arrange collection or just the money for the outboard minus the delivery charges?
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 21 days ago.

Did he have the chance to inspect it before purchase?

Customer: replied 21 days ago.
Hi. No it was by phone & PayPal as payment.
Customer: replied 21 days ago.
No, he bought it via phone and Paid with Paypal.
Expert:  Ben Jones replied 21 days ago.

Did you describe these issues in your advert?

Customer: replied 21 days ago.
No I did not know of them so I did not describe them in the advert. Wow this doesn't work well with Google Chrome. I'm on internet explorer now.
Expert:  Ben Jones replied 21 days ago.

A consumer’s rights in this situation are determined under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Amongst others, these Regulations apply to contracts entered at a distance (e.g. online or over the phone).

In terms of cancellation rights, these are as follows - the buyer has 14 days after the day the goods came into their physical possession to cancel and ask for a refund.

If the consumer decides to exercise their right to cancel the contract, then each party will have separate liabilities:

· Consumer – must return the goods no later than 14 days from the date of notification of cancellation, unless the trader has agreed to collect them; pay the delivery costs unless the trader did not advise them that they would be liable for this at the time the contract was concluded.

· Trader – must reimburse all payments (except delivery charges in excess of the minimum/cheapest delivery costs) within 14 days

So unless you had advised them that they will not be liable for the costs you can ask them to meet these, but issue them a full refund for the rest.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 21 days ago.
I'm paying the £80 collection back to me. Legally should I refund him just the £1000 outboard cost or the full £1090 which includes the original OUTGOING delivery charge which he paid? I just want to know whether i'm responsible for returning his initial delivery payment of £90 (which he agreed to and paid) when he bought from me.
Expert:  Ben Jones replied 21 days ago.

the initial delivery charge will need to be refunded because the item was not as described, even if you hadn't spotted it. Had you advertised it correctly he may never have bought it and spent that money so it will be included in the refund. Hope this clarifies?

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