Buyer wants to return an item but it goes against my policies - help!

[LeNidDeFleurs]

Hey all,

Thank you for reading.

A customer in the USA (I'm based in the UK) purchased two crowns from me a week ago. Unsurprisingly they haven't arrived yet and she messaged saying she no longer wanted the crowns as they have yet to arrive and the event she wanted them for has passed and didn't realise shipping would take this long.

My policies state the following:


INTERNATIONAL ORDERS: Once your purchase leaves my hands (i.e is now with a postal service), I have no control over processing times, customs procedures, shipping times etc and I will not be held responsible. If you are buying an item(s) as a rush order, then it is in your interest to request a shipping upgrade (which can be very expensive). If the item does not arrive in time and you did not select the appropriate shipping upgrade, I will NOT offer a refund as you have had the option to purchase a shipping upgrade if you contacted me. Please note that I always acquire a proof of posting to prove that I have sent an item. Unless you have paid for tracking, it is your responsibility to attempt to trace an item.


I am not sure what to do.... or even to say to her. Any advice would be appreciated, thanks.

[LeedsRadio]

But you also have this

"2) Buyer has 7 days to notify me from date of receipt of items to tell me they want to return the item. For uk customers, 7 days starts 3 business days from DAY item is sent, and for international customers you have 10 business days from day item is sent that I start counting the 7 days. The items must be posted back within the 7 days, regardless of whether you are national or international. Outside this time limit I won't accept returns."


1) This suggests that you do know how long things are supposed to take - ie a maximum of ten days
2) Confirms you accept preferential returns. If you take them after and item is received it makes no sense to say someone can say they want to return before it they receive it


You also have this:
"Should a parcel (national or international) get returned to me within 60 days of purchase as unclaimed or undeliverable due to customer negligence (such as providing an incorrect address), I will issue a refund for the amount of the merchandise minus the shipping fees. Shipping charges are non refundable. I will contact you if your item is returned to me and notify you of the refund and the option to repurchase."

So you'll take it back if undeliverable for up to 60 days? What happens if the item come back to you on the 65th day?

Do yourself a favor - re-write your policies. They are unclear, and contradictory.

Lastly, no one likes to process returns (I just did one an hour ago), but the good will you will generate if you do vs. the ill will if you don't should be enough of an incentive. Most people don't return what they buy but are far more likely to buy if they have confidence they they can return. I won't buy anything significant from a business who doesn't have an easy return policy. There are just too many places to shop.

[HoneyThistle]

Hi Amy,

I agree with Richard. I would just tell her that you will give her a refund once she has returned the items to you (after receipt) and you have received them, but will not be responsible for the shipping costs incurred (depending on your policies).

[LeedsRadio]

Amy -

Your policies, date April 17, 2015 has

"I follow the DSR regulations."

Someone just told me that DSR no longer apply and he's right:
http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

[StuckOnSilver]

IMO ask the buyer refuse the package and issue a refund when you get it back.

[ChristianCollections]

You would be advised to read the Directive On Distance Selling as laid down by the European Union and which came into effect on 30th June 2014.

It does not matter where it is going the law applies to the country of origin and, as you are in the EU, it applies to you.

Specific to your case, in paragraph 40 it states that the right to withdraw from the contract expires 14 days after the customer has received the goods. Where an order comprises several items and they are posted separately the 14 days starts from the moment the last item arrives.

In paragraph 46 it states that, if the customer withdraws from the contract within the stated time period, the seller should reimburse ALL payments received, including postage costs. That the seller may not offer a voucher unless a voucher was used to make the purchase or the customer agrees to accept a voucher. The exception is where the customer expressly asked for a special delivery which would have been more expensive than the standard acceptable delivery, Then the seller can reasonably deduct the extra cost incurred.

These rules apply to all goods sold by distance whether hand made or not. The exception is where a customer orders a special size or tailor made item as it is then the customer's responsibility to ensure that the colour, size etc is what they want and only in the event of the item arriving and it is not as specified in the order would the customer have the right to withdraw frm the contract.

[ChristianCollections]

In addition. Whilst it is true to say that The Distance Selling Rules no longer apply in Europe it is because they were replaced by The Consumer Contracts Regulations. A synopsis of these regulations can be found on the 'Which' website at this address http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

[LeedsRadio]

Great to see that Europe is continuing its late to the game and over-reaching consumer protection and safety campaign.

It's easier for a big retailer to absorb the cost of shipping because they have tons of customers and their shipping rates are negotiated. They pay much less than a small business. If a small business ships a $25 item that has a net profit of 20% (which is pretty good) and they have to eat $5 in shipping because someone returns it, they'll have to sell the item a second time just to break even.
Plus a big retailer pays less for material and inventory.

Oh EU, you're gong to regulate yourself out of existence.

[ChristianCollections]

Very true Richard. I ordered a kettle from Amazon three days ago and it was cheaper than from a normal shop plus free postage. It arrived today by TNT. Great service, great delivery but I could not have done that because TNT would have charged me the earth to deliver an item within Europe in three days. Europe seems to conspire against small businesses but we still have to know and live within the rules.

Companies in Hong Kong can send me items that only cost a few euros and do it with free postage but I could not do the same in return.