Must I refund on item returned in such bad condition?
Customer bought a new DVD boxed set in December. On January 2nd they requested a “No longer needed” return - I explained she would have to cover return postage, she said fine and that it would be sent a few days later.
41 days(!) later, with no contact from the buyer in the last five weeks, it has finally arrived.
Every disc is covered in a mix of dust/dirt/fur, one disc is badly scratched, and the overall set has a smell between damp & nicotine. So, it looks as if she decided to watch the set, and then return within the last week or so.
There is no postage date on the parcel, as RM have allowed the stamps through without franking.
Seller Support says I can refuse to refund, but she will be eligible to open an A-Z, for which I had best take photos (and as we all know, disc surfaces are very difficult to get good quality snaps of due to reflection!)
But… is her return (41days after asking) still within the eligible window? She has made no contact since telling me she would be posting on 4th January, so I’m not sure she even cares about a refund.
Any advice?
21 replies
Seller_EJIX7rqDNQJi2
If I were you, I would refund minus a 50% fee covering the loss of value due to damage.
However, if you don’t mind taking a risk, you could refuse to refund at all and ask the buyer to send you a pre-paid return label so she can receive the item back.
Seller_JB8wPCk9zkyad
If it was New and Sealed recorded media item ( DVD, CD, Video Game), and they broke the seal, watched it, and then changed their mind, as the product is not defective, simply they changed their mind, then you don’t have to give a return at all IF they have opened it…
That’s EU and UK law and Amazon’s own policy.
So forget the timeline and condition and focus on the fact you sent a Recorded Media Item out sealed and the seal was broken.
https://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online
https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=1161002
Please note that you must return each item in the same condition in which you received it. This means that new items must be returned new, unused and complete. Used items must not have any additional signs of use or damage.
The same exclusions apply to our Returns Guarantee as for the right if withdrawal. The following products thus cannot be returned under the Returns Guarantee (unless defective):
Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
Sealed audio or video recordings or of sealed software if unsealed by you after delivery;
Seller_S4pQXLnsaeV4l
As expected, the vile woman has opened an A-Z, with the claim “Item Not As Described”.
How does she expect to make that work?!
Seller_S4pQXLnsaeV4l
This is the outcome, but I’m not sure I understand it:
We have granted an A-to-z Guarantee claim of £**.** on order *. We have covered the cost of the refund and have not counted the claim against your Order Defect Rate.
Why is this happening?
The A-to-z Guarantee protects customers when they purchase items sold and fulfilled by you directly. Our guarantee covers both the timely delivery and the condition of items you sell. If customers are unsatisfied with either and cannot reach a resolution with you, we enable them to file a claim with us. In this case, we resolved the customer’s issue and determined that you should not be held responsible for the issue raised.
So, she has been rewarded for lying?!
And am I having to pay, or Amazon themselves?
