What are my rights in this case?

[Elisek]

Something was sold for around £70 on my private website in Feb.

On 25th Feb, I agreed to a full refund because the product turned out to be faulty.
I asked the customer to send it back to me within 30 days and I would process a refund once I had received it back. It stated clearly in my T&C's that faulty items needed to be returned within 30 days, otherwise it will be assumed that they have intended to keep the item.

I hear nothing back for nearly 2 months. I close the website down (I had planned to do this for a while anyway but was waiting to see how this case progressed.)

It seemed as though I was never going to receive anything back so I just left it and deleted the site and emails.

Now - 52 days later - I receive the item back, with the customer demanding a refund because I agreed to one back in February.

According to Trading Standards, the law allows the customer a 'Reasonable Amount Of Time' to return faulty goods and what is 'Reasonable' is determined by what the product itself actually is.

This was a fancy dress costume. The customer has returned it unworn, no visible signs/smells of wear. They've just taken their sweet arse time in getting it back to me.

My question - Do I still have to refund them? As the law allows a 'Reasonable' time and I stated in my T&C's that the time frame is 30 days, they have obviously not stuck to that.

My issue is that because the website has now been removed, I can't show them the T&C's that stated this. It's just assumed that the customer reads them (which they should!).

I'm worried because the PayPal account that handled the transaction is a fully verified, no limits account. And I don't want them to use a Charge Back option with their CC company and risk losing the account. I have future plans for it.

Do I refund? Or do I explain the situation and offer a partial refund? Or do I leave it completely because they sent it with no tracking number so they'll never know if I received it back anyway!

Who's got more rights here?

[Haidukken]

This might get a lot of hate here BUT I have to be honest... If it wasn't tracked, I would just keep the item and ignore the customer. **** that noise.

[GreenBean]

What is the value? Under your refund budget?

What is the distance of the buyer from the registered address of the (former) website?

How did the buyer pay? Dont get caught out on what you perceive is reasonable time..

[rsot]

Another question worth noting: customer paid via credit card? Directly?

[GreenBean]

Originally Posted by GreenBean

How did the buyer pay? Dont get caught out on what you perceive is reasonable time..

Originally Posted by rsot

Another question worth noting: customer paid via credit card? Directly?

Need some parrot seed?

[BigCJ]

Just refund. You got the item back with no visible wear, in good condition.

70 quid may not bust your bank, but keep yourself as a reputable seller.

The buyer is a moron (As in many cases) but you never know how your rep may spread down the line.

These are the types of things that make amazon such a giant that people will remember.
Like taking exchanges and refunds WELL AFTER the mark they say on their site for returns/exchanges/refunds.

[Geegee83]

I agree with BigCJ.

I would never just keep something, or not refund someone because I could get away with it.

Pride yourself of good business practice and you will go much further in life, and with your head held up high.

[Geegee83]

Originally Posted by Haidukken

This might get a lot of hate here BUT I have to be honest... If it wasn't tracked, I would just keep the item and ignore the customer. **** that noise.

Nice attitude. Says a lot about your morals.

[rsot]

Originally Posted by Geegee83

Nice attitude. Says a lot about your morals.

To each his own eh Geegee

[Geegee83]

Originally Posted by rsot

To each his own eh Geegee

Very true rsot, very true.

[Haidukken]

Originally Posted by Geegee83

Nice attitude. Says a lot about your morals.

Seriously?
I have never done anything like this but the way the OP was describing it I would just not both with the refund, seems like a lot of works. The website doesn't excist, the sale happened months ago and the case is history.
I just value my time and dealing with tarded people is the last thing I want to do from my spare time.

If a customer wants a refund or return or anything silimar, for whatever reason then I'm more than happy to pay for all the trouble and time that they spend returning the item for me, but when it falls outside of return conditions, I'm not interested.

[oompaloompa]

I agree you do not have to refund it, you are within your rights not to. However as you have it back now, you might as well refund it....