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Return Of Damaged Goods - Who Is Responsible?

         

Louise1

10:54 am on Jul 10, 2010 (gmt 0)

10+ Year Member



Hi Everyone,
Just a question. I run a UK website selling toys but due to the nature of the product I occasionally get return of broken/damaged goods some of which are damaged due to use or manufacturing faults.
A friend of mine who runs a similar USA site state in their terms and conditions that they are not responsible and goods must be returned to manufacturer?
Is this true or am I responsible to replace?
Thank You

piatkow

1:05 pm on Jul 10, 2010 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I am not qualified to give professional advice, you need a solicitor for that but as a general point UK law is very different from American.

1. As a seller it is your duty to provide goods of merchantable quality. The buyer has a contract with you, if you sourced crap goods from the manufacturer then that is your problem.
2. Distance selling regulations cover returns for mail order and internet sales. Things such as restocking fees are, I think, illegal.
3. Consumers cannot sign away their statutory rights. Any T&Cs which are contrary to statute are simply invalid even if explicitly accepted.

Maximus1000

7:48 am on Jul 12, 2010 (gmt 0)

10+ Year Member



I am not sure what the laws are in the UK, but just to maintain high levels of customer service when a customer claims that their item arrived damaged, I send them a return envelope along with a replacement if I trust them. If I dont I tell them they will have to return the product to me and I will reship them a new one. If its the manufacturers fault I still let them return it to me and then I deal with the manufacturer. If they customer damaged it then I would not accept a return, but again I dont know the laws in the UK.

topr8

10:59 am on Jul 12, 2010 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



in the UK

you must accept returns (from a mail order/internet sale) within a certain time scale,
... there are some exceptions to the rule but AFAIK toys are not one of them

you can write any terms and conditions you like on your website however unfair/illegal terms and conditions/contracts are not enforceable

what your friend says about what happens in the usa is not of relevance to your situation

Propools

1:44 pm on Jul 12, 2010 (gmt 0)

10+ Year Member



I occasionally get return of broken/damaged goods some of which are damaged due to use or manufacturing faults.

Do you have the products and ship them out yourself? If not then you should work out something with your shipper on damaged goods. That's what we do.
Damage due to use is clearly a manufacturer/user issue.

We are a U.S. based reseller too.
We purchase our items through a wholesaler.
Our position is that all warranty or manufacturing defects are the ultimate responsibility of the manufacturer.
We do however, go back to the manufacturer on the customers behalf when necessary.

Additionally on our site we are very clear about damaged goods, in that if they sign for it without inspecting it, then they take upon the responsibility of the goods and if there's a problem, it's on them; but that we would of course be there to help them as much as what makes good business sense.

From our site: ("example.com" is a fictitous company)
Warranty
Products sold by example.com are covered by Manufacturer's warranties and subject to their terms. There are NO other warranties, either expressed or implied by example.com. We will at your request work with you and the manufacturer to an extent that a resolution has been determined. At no time is example.com responsible for covering any warranty claims on any products we sell.


If you use a supplier or order direct from the manufacturer it is not uncommon to get a discounted or percentage reduction in your purchase price from them to handle product issues you described. In doing such, your company alone would be responsible for replacement of the product, etc.

Louise1

10:10 am on Jul 13, 2010 (gmt 0)

10+ Year Member



Thank you for all your replies.
I do order direct from the manufacturer who is a very well known name in the toy industry so it is not rubbish product we sell.
We have always replaced faulty returned goods but given my colleague in the US doesn't I just wondered who was right.

topr8

10:56 am on Jul 13, 2010 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



well i'm in the uk and i replace returned goods - however anything that is damaged that is the fault of manufacturer i return to either them or the distributer depending where i got it, they refund me (well they never refund me they give me a credit)

... not saying this is universal practice but that's what i do.