Returns - product sent as new, returned used
Hi
I wonder if someone could offer some clarification. What deas the consumer law states in the event where customer returns used piece of clothing i.e. hat?
Clothing was purchased as new, and sent as new. On return it’s missing all it’s packaging, smells of perfume and cannot be resold.
Thanks in advance
Returns - product sent as new, returned used
Hi
I wonder if someone could offer some clarification. What deas the consumer law states in the event where customer returns used piece of clothing i.e. hat?
Clothing was purchased as new, and sent as new. On return it’s missing all it’s packaging, smells of perfume and cannot be resold.
Thanks in advance
Seller_AYAgrDtnEc5Pc
Mark is right.
Google: Consumer Law, right of return, (basically no right to return unless faulty, unless retailer has stated so) [applies to bricks and mortar retail]
Google: Distance Selling UK/EU. Customer has a right to return within a set time and there after if faulty. [applies to online sale and AMAZON]
in the case of a hat, it should not be worn, in original packaging ETC. Simply put, ‘resaleable’
Customer could have returned the item flagged as faulty and unfit for purpose and you would have ended up giving a full refund.
Advice retain the cost price of the item from customer and refund item then move on
70 replies
Seller_qZO3ZCjoBXEeL
Goods must be returned in original condition, unused (assuming a change of mind return). You are entitled to withhold refunds to the loss in value of the goods.
Seller_iT7zAqkV2PQG7
Just so you know, the posting of “Domain names, URLs, or hyperlinks.” of external websites is against the Forum Rules,
Source: https://sellercentral.amazon.co.uk/forums/faq
This is why you are receiving answers about Amazon policy, it is an Amazon forum.
Seller_RubEetLtJzN3v
Yes, PeterB’s answer was helpful, but I’m looking for more detailed evidence. Gov uk answers this to some extent but provide clear answer. Google is same in this instance.
Deducting an amount equal to the loss in value is fine, but what happens when product returned has completely lost it’s value and cannot be resold? Is there anything in consumer law that I’m missing in online searches that explains this?
Seller_hC0hNVDuILaKO
If there is no resale value due to the customers misuse, i.e the fact that they handled it more than was necessary to examine it, as you might do in a bricks and mortar store, then you explain this to the customer and say that due to the condition of this discretionary return you are unable to offer any refund at all, and ask if they would like you to dispose of it for them or if they would prefer to send you a prepaid label so that you can return their goods to them.
Document everything with photos in case of any claim, either on, or off of, Amazon.
Seller_RubEetLtJzN3v
Adrian, your answer is exactly what I was thinking and what I would say should happen. But, is this therefore written somewhere within consumer law, distance selling regs or similar. I’ve spend some time researching, but wasn’t able to find a concrete black and white answer. Hence turned to this forum, as sometimes there will be some that will go “I researched it too” and “the answer is here…” if you know what I mean.
Seller_hC0hNVDuILaKO
You have not yet mentioned the timeframe involved, how long after purchase was a return requested?
Seller_RubEetLtJzN3v
Return requested within 9 days of purchase, and returned 4 days after that.
Seller_hC0hNVDuILaKO
So a “Wardrobing” purchase.
Without the signs of use and smell of perfume you would have been stuck paying a full refund then BUT as said before, document the condition and advise the buyer that in the circumstances you regret a refund cannot be made.
Seller_RubEetLtJzN3v
Yeah, “Wardrobing” purchase to be precise. I understand the decline of refund. But for my own piece of mind I want to see, if this is specified somewhere within the consumer law?
Seller_LpjhinHAD7f55
What was the reason for the return given by the buyer
Seller_hC0hNVDuILaKO
OK here it is
[click the arrow]
I have bolded the relevant parts for you
Returns
Effects of withdrawal or cancellation
If a consumer withdraws from a contract or exercises their right to cancel, both your and their obligations under the contract are ended. In addition you must reimburse the consumer all that they have paid you, including any original delivery costs. However, if a consumer has expressly requested a delivery method that is more expensive than your basic cost, you are only obliged to refund your basic delivery cost - for example, if a consumer has opted for your next day delivery service rather than your standard method by second class post. You may also be able to deduct the value of services that you have provided, at the consumer’s express request, during the cancellation period (see ‘Supply of a service in the cancellation period’ below).
You must reimburse the consumer without undue delay and within 14 days from the day after they inform you of their decision. If the consumer is sending goods back to you, you need to reimburse within 14 days of the day you get the goods back or, if earlier, 14 days from the day you receive proof from the consumer that they have sent the goods back. You must reimburse the consumer using the same payment method they used originally but you can come to an agreement with the consumer to use an alternative method.
Finally, you have a right to deduct an amount from the reimbursement (or charge a consumer) if they have diminished the value of the goods by handling them beyond what is necessary to establish their nature, characteristics and function. The Regulations establish a test as to whether consumers have handled the goods in a way beyond what might reasonably be allowed in a shop. This is likely to be a controversial area of the Regulations for both consumers and traders and will ultimately be a matter for a court to decide. However, the following examples will attempt to illustrate this concept:
- a consumer returns a shirt that comes in a presentation box, which they had opened and removed all the pins and packaging to try it on. It is reasonable to expect a consumer to remove packaging to try on or examine an item, so you should make no deduction for this
- a consumer returns a shirt, which you can see has clearly been worn. The consumer has not acted reasonably and you can make a deduction for diminishing the value
- a consumer returns flat pack furniture, which they have clearly attempted to assemble by opening packs of screws and trying to put parts together. The consumer has not acted reasonably and you can make a deduction for diminishing the value
You are not be able to make any deduction for diminishing the value of the goods if you have not provided consumers with the information about their right to cancel (information item ‘l’ above).
No other deductions, such as cancellation or restocking fees, can be made when a consumer exercises their legal right to cancel.
Return of the goods following cancellation
You must collect goods from a consumer, following cancellation, if you have offered to do so. In all other cases it is the consumer’s responsibility to send the goods back to you or hand them to someone that you have authorised to collect them. Consumers must send the goods back to an address that you have specified. If you haven’t given an address they can send them to back to any address that you have specified for consumers to use to contact you. Failing that, consumers can send the goods back to any place where you conduct your business.
The consumer must not delay their return of the goods and should send them back within 14 days of when they informed you of their decision to cancel.
Seller_RubEetLtJzN3v
Thank you Adrian 
“you have a right to deduct an amount from the reimbursement (or charge a consumer) if they have diminished the value of the goods by handling them beyond what is necessary to establish their nature” - am I correct in thinking that when stating “you have a right to deduct an amount” the amount cannot be limited or enforced on seller by stating i.e. you can deduct up to 50% value in the instance where product has clearly been worn and lost all it’s value?
Seller_xUKHc5xSYJmI4
Just follow the Amazon returns policy. A polite note to the customer informing them you are unable to process a refund for this order because the hat smells of perfume and used.
We had a customer return a pair of gloves covered in dog hair. A polite note to the customer and we heard no more.
Seller_ohgoR0FjhqVfH
Pointless referring to legal rights on it, unless the item was of great value you will still stand to amazon giving a full refund if they complain and a negative feedback. From experience, and it grates me vastly,I just refund as a hit on your metrics is far worse and sales always seem to plummet immediately after. I had an item returned like yours smelling of perfume with the added bonus of dog hair. I washed it and donated it to charity. At least someone benefitted.
Seller_DTufFoxJuMU0M
You’ll find that Distance Selling Regulations allow a customer to open packaging and try an item on then decide it doesn’t suit them, doesn’t match their eyes or makes their bum look big.
Basically anything they can do in the shop they are entitled to do in the comfort of their own home before deciding if they want to keep it or not and they have 30 days to do so.
The fact that they may have been wearing too much perfume at the time is irrelevant.
Its a pain, but thats the business unfortunately, always has and always will support the customer first and the seller last.
Although as mentioned before that, as long as Amazon does not break the law, they are fully entitled to implement their own additional safeguards to make the customer more confident to shop (such as their free returns in the clothing category)
Seller_bhSWqoVh7Pn98
Amazon Law, which ‘trumps’ any legal requirement, says that they can return the item if fulfilled by you and unwanted, and if not as new, you can charge them a fee (although not in writing AMAZON accept that as being up to 50% to win A-Z Cliams):
We normally deduct 50% if any issues, and then email the Buyer, often then, the Buyer rather have the item returmed and they have to reverse the refund. You can inform the Buyer to also send a postage label to return to them.
Unless you refund 50% then the A-Z Claim can be raised and count against you, so it is best to 50% refund immediately, rather than just email the Buyer as they can then phone Amazon and you get a claim
Seller_vWOZzBGhnkxzM
Don’t waste your time, take it on the chin. Refund, smile and move on. It’s a hopeless cause. The customer could cause so much trouble for you with one phone call to amazon.
