Do I have to refund my buyer who paid for but failed to collect goods from me 4 months ago?!

[manure]

Hi, I would be very grateful for any support and advice. I am a sole trader in vintage painted furniture. 4 months ago, I sold two small pieces to a buyer in another part of the country. Despite my terms and conditions page on my website and having also suggested by message that she obtain a courier quote she was happy with prior to purchase, she purchased these items online through my official website, using Paypal. I did not hear anything more from her, despite my attempts to contact her, until last night, when she contacted me, saying she had not seen any of my messages until last night, could not find a courier quote she liked and thus, could not go through with having the items and now wants a full refund. She has apologised for messing me around. My terms clearly state that I need purchased items to be either collected or couriered away within 7-14 days of purchase and that if I can I will store for longer if asked but that charges will apply. I also state that the courier and collection side of things is down to the buyer and that they must obtain a quote they are happy with prior to purchase. I have made several attempts at contact with no success, have waited patiently for her to contact me with no success until last night and have waited for them to be taken away, whilst not insisting on charging for storage (thinking she may have had family problems or illness and have given her the benefit of the doubt) Now I find myself in this position. I responded politely by suggesting a very competitive courier service and stated that I "would not consider a refund at this stage due to having had to store for so long etc". Please help!! Thanks so much

[rowanwitch]

Suggest you try to re sell them for her and you would refund what you can get if it doesn't cover her original payment.

[Gavmacp]

I think you stated your terms and conditions quite clearly, so no you are not obliged to give refund.

[manure]

I have to say that I as a seller I feel rather annoyed about it all and don't feel at all inclined to comply with her request but just need to know whether I am within the law to be able to say politely, sorry, no. I have had a look at The Statutory Rights and Consumer Rights but such a case does not seem to fit with anything that they cover, so...?? It could be some time before the pieces sell on again and if they do, I actually do not feel it is appropriate in any way that she gets any money back. I have had to cope with two pieces sitting around in my way for 4 months with very little room to spare (which she does know from my previous attempts at contact), without any polite, timely contact from her at all and as she has ignored my terms and conditions, I feel it's really rather "cheeky". I do not personally consider her reasoning vaild. They have been very much in my way and I have lost out in being able to re-sell them over the time they have been off the market so to speak. I have not charged her my set storage fees and have effectively let her off letting me down. Yes, I have received payment (VERY small!) but that is not the point. I just need to know if it is legal to say no, sorry, no refund. Thanks to all.

[jno]

I also answered on your other post

http://www.theanswerb.../Question1146662.html

That one might prompt a legally qualified answer. But your T&Cs sound fine to me, and she hasn't complied with them.

[manure]

Thanks, just saw it! Think I'll call the CRB!

[cathfromsaron]

no refund! they wanted it and paid!

i would state *politely* that they have should arrange collection within 14 days or forfeit the goods!

[cathfromsaron]

also if she wants to go down the 'distance selling regulations' route she had blown the 7 days cooling off period anyway!

[manure]

Thanks to all