returned goods damaged in the post.

[pir8ped]

I bought some rather expensive door latches and handles online. When I received them, I realised that they were too big for my requirements, and said that I wanted to return them. I was offered a refund, minus the handling charge and 10% (this was in the website conditions, which I hadn't previously read).

When I'd returned the goods, I received an email informing me that most of the goods had been damaged in transit, and I was offered a refund for just one handle, and was asked what I would like to do with the damaged goods.

My problem is that I simply don't believe the goods were damaged in the post. They arrived very well packed, in a large box, with individual items wrapped in a lot of bubble wrap, and the handles in their own small boxes within the large box. They were in perfect condition when I received the goods, and I carefully wrapped the pieces up in exactly the same way to return them. The box would have had to be driven over by a truck to damage the goods inside.

What can I do? I paid by Visa - should I take the issue up with them?

Any advice much appreciated, thanks.

John

 

[trickygj]

Did you make it clear that were returning them under the terms of the Distance Selling Regulations?

As far as I am aware even if they had a re-stocking fee in their terms it is a breach of the DSR to charge anything other than return postage.

When cancelling under the DSR's, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

When a customer returns goods he is under a duty to take reasonable care to ensure that the seller receives the goods and that the goods are not damaged in transit. If you did not exercise reasonable care and the goods were damaged, they may have a claim against you for breach of this duty. I you returned the goods in the same way as they were received i.e. same packaging and used a similar courier service, you did no less than the seller so I would suggest that you did exercise reasonable care.

Did the website set out the requirement of reasonable care for returning the goods?

if you have a problem you could claim against your credit card company particularly if the seller's terms are in breach of the DSR's.