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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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Hi, Our return policy is 30 days from the day of the purchase.

Customer Question

Our return policy is 30 days from the day of the purchase. One of the customers sent an e-mail informing she has just sent back some products. We asked for the purchase invoice number. She said she does not bother keeping the receipts. We replied we can check it for her in our system as we do keep all invoices but unfortunately if any product has been bought more than 30 days ago we cannot issue refund. She got upset and replied as follows:

'Well you don't seem to be following them under the Sales of Goods Act 1979, I have spoken to a Judge here at work (as I work in the County Court) and he has said I am entitled to return the products regardless of you claiming 30 days as I am entitled under my consumer rights. and if you do not adhere to the refund he has advised me to issue civil proceedings in order to obtain a judgement which will enable me to do so. I then asked him would I not have to pay for that though and I was advised I would initially but under the circumstances I would be sure to win and therefore I would not incur these costs and that they would then have to be paid by you. Also if you refuse the refund I will be issuing another claim against as you are denying me the right to exercise and are infringing on my consumer rights.'

Please advise what we can reply in such case.
Thank you.
Submitted: 5 years ago.
Category: Law
Expert:  Alex J. replied 5 years ago.

Thank you for your question and welcome to Just Answer.

What is the value of her goods?
Have you actually received the returned goods?
Why is she returning them?

Kind regards

Customer: replied 5 years ago.

1. Value of the goods is £45.10

2. Not yet, she just sent e-mail that she posted them in the morning. She has not contacted us informing about sending the products back before she sent them (last time in December she did that and was informed at that time the policy is 30 days)

3. She did not give any reason - she just said they are unopened. Probably as last time (in December she also sent products back to us) she could not sell them to her customers.

Expert:  Alex J. replied 5 years ago.

Thank you.

This is not a legal question it is a customer service issue. You are not infringing on her consumer rights for the following reasons:
1. You are only obliged to refund or replace the products under the SOGA 1979 if they faulty or broken;
2. She is outside your returns policy of 30 days - in any event this is more generous than the 14 day cooling off period;
3. You have not actually received the goods back and following a perfectly reasonable request for a receipt she has failed to comply. Therefore there is not any proof of purchase;
4. She talks about consumer rights, but if she is selling these goods in the course of her business then she is not a consumer.

It is up to you if you want to give her a refund or not but I would say if she outside the returns policy and has no proof of purchase there is no obligation on you to refund her.

Also the likelihood she will go to county court for £45 is remote.

Kind regards