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.

[jno]

if she bought and paid for them, they're hers. Subject to any legal cooling-off periods, and the goods not proving as advertised etc (which han hardly apply as she hasn't picked them up), I don't think she's entitled to anything but the goods and a storage bill.

Lawyers may give you a more detailed reply.

[VHG]

Why not give her a refund but knock say 15% off for your trouble and inconvinience.

[manure]

Thank you. Perhaps I should phone the Citizens Advice Bureau. I'm being quite decent not charging her for storage etc and I feel that as she has not contacted me prior to now and really messed me about (which she acknowledges!) that she should forfeit any refund, as I do truly feel very annoyed. I just want to be legal. And polite-grr!

[hc4361]

The thing is if you pushed her, she could pay to have them delivered and then refuse to accept delivery and she would legally be entitled to a full refund under the Distance Selling Regs.
Or she could accept delivery and notify you she doesn't want them within 7 days and still be entitled to a full refund.

[manure]

Yes, all worrying points. I truly do not know think but I really do want want to refund her as frankly, I'm already damned angry! Is it true that after 6 months of non-collection, they can be re-sold? Another seller I know feels this is the case, but...................

[MoonRocker]

I can't abide these tme wasters, as jno says they are hers, so start charging storage. Email her saying that if they are not collected by (choose a date) then they will incur £N per day storage.

[hc4361]

If you sell the goods you have to refund the buyer. If you can't contact the buyer within 6 YEARS you can keep the money.

"any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years"

http://www.adviceguid...uncollected_goods.htm

[manure]

And my terms, as with many other sellers, state that she would be responsible for any return couriers fees, which are likely to be hefty, prior to any refund being given. Also, as she has left it for 4 months to even consider going down that path, would this still apply? Perhaps not in her interests. I feel she should let this go, as I am not charging her storage etc and I now have the headache or re-selling etc. Thus, quits.

[tamborine]

You could re-sell the items for her or suggest she does same

[hc4361]

You are arguing a very sticky point of law there, jno. Does ownership transfer on receipt of payment or delivery of goods?

[hc4361]

It isn't quits - the law requires you refund her. You still have the goods to sell.

You could refuse to refund her so she accepts delivery. She could damage the goods and then return them for a full refund. Who could prove it?

[cassa333]

As annouying as this is I think you would be better cutting your losses and give her a partial refund and resell the items.

[hc4361]

You will have to give her a full refund, as you have already waived storage.

[manure]

I could draw her attention to the terms and conditions page on the website? Then she will realise I could charge storage but have simply chosen to wait for her rather than coming on all heavy to her? I haven't waived storage costs formally, just not harrassed her for them?

[hc4361]

But the fees should have been agreed BEFORE, not at this late stage.

Best to chalk this one up to experience, treat it as a customer service exercise and refund her in full. You haven't really lost out - you've had the benefit of her money for 4 months, you describe the pieces as 'small' so they haven't taken up too much room and you can still sell them - they haven't gone off, as it were. How do you know you would have sold them elsewhere by now?

Don't forget the world is a very small place now everyone is online. Bad comments from your customers on FaceBook, Twitter etc can do a lot of harm to a small business.

[joko]

to say she has only just seen your messages is crazy - she bought the item - she must have known she has to pick it up and that there would be some message there regarding this!

the 7 day thing applies to 7 days AFTER receipt of goods - then tell her she is not entitled to a refund except for 7 days AFTER receipt of the item - under distance selling regs... before that time, you are not obliged to refund her at all.
therefore she must pick up the item, at her own expense, then return it - at her own expense. Note also any damages must be paid for.

or

i would refer her to your T&Cs and deduct whatever you see fit for storage, restocking fees, and missed sales... as presumably you could have missed out on a sale of it in the meantime.
you can charge whatever you like i assume so

[hc4361]

Joko, she has to be refunded within 6 years, as I already said if she doesn't collect them or take delivery.

[Traci66]

Or in the interest of customer service and keeping your good name and reputation, you could just refund.

[lankeela]

I would offer them for sale again and tell her she can have her money back less any storage fees when you have resold them.

[lankeela]

This is how we usually work it with a puppy if it is returned for any reason, if the breeder manages to resell it the previous buyer will get a percentage of their money back (provided of course its only a 'change of mind' and not for health reasons).