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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 4138
Experience:  Solicitors 2 years plus PQE
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I have an online retail businesses selling clothes. I have

Customer Question

Hi, i have an online retail businesses selling clothes. I have shipped an item to the customer and they failed to collect the item on time. The item has arrived to the receivers address who was not there at the time when courier arrived. The parcel was then sent ot the local access point. The receiver did not go to the access point after being provided all of the information and left the country before collecting the parcel. They are asking me for a refund before i could receive the items back. Furthermore, our return policy states that the customer has 14 days to receive the refund provided that they have sent us back the items within these 14 days. In this case we had to start an investigation with the courier as they have a length procedure in place. We are now beyond 14 days for the return. Could you please let me know if i (As a business) have to refund the customer even though the package has not come back to me yet? Do i have the right of not refunding the customer given that the period of return has now expired?
Submitted: 5 days ago.
Category: Law
Expert:  Alex J. replied 5 days ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. If they requested the refund with 14 days of purchase - and did not accept delivery of the goods - then this would fall within cooling off period. So they would be entitled to a refund. Did they pay by credit card? What happened to the goods? Kind regards AJ

Customer: replied 5 days ago.
I still do not have the goods as they are stuck at the point of collection (Receiver country) and the courier has a lengthy procedure to get the goods back. Do I have to refund the customer now or after I receive the goods back? I hope the goods will not now be lost.
Customer: replied 5 days ago.
Is there any way we can get protected in situations like this when it’s the fault of the customer who didn’t pick up the goods? Also can we charge the shipping fee (there and back) to the consumer?
Expert:  Alex J. replied 5 days ago.

Thank you. You can put in your terms and conditions that states that the refund will only be processed upon receipt of the goods. You can say the goods have to be returned within 14 days - but this wont override the cooling off period if they requested the refund within 14 days - but there is a delay caused the couriers actions. If you send me your terms and conditions I can review them?

Kind regards AJ

Customer: replied 5 days ago.
That would be great. I would like to review all of our terms for returns and exchanges. Where can I send the word document? Also, could you please point out as to where I can read about this cooling off period?
Customer: replied 5 days ago.
Also, do I understand correctly that I always have to refund the customer even though I don’t have the goods yet? For example, the customer has received the goods and then decided to return them. As per our conditions they have to ship with their preferred courier. Let’s say the courier loses the package. Are we still liable to pay the refund?
Customer: replied 4 days ago.
Hi. Is it possible to get answers for the above?
Expert:  Alex J. replied 4 days ago.

Thank you. Can you send me a link to the terms and conditions to this thread? Many thanks AJ

Customer: replied 4 days ago.
Hi, attached are the current terms for review. I have stated the current basic terms on the website, countries we ship items from (for customs information). I have also listed a number of issues i would like to protect the company from and make sure these are stated correctly on the website as well.
Expert:  Alex J. replied 4 days ago.

Thank you. I have received this and will revert to you tomorrow.

Kind regards

AJ

Customer: replied 3 days ago.
Hi Alex. Do you know when you are able to revert back on the document? Regards