Refund an order - but what about hygiene?

17
Posted 19th Nov
A quick question

our policy is to refund orders where customers are not happy under the standard distance selling act

however, one customer wants to return an item that has been in contact with his eye. Nothing wrong with it, just decided that it wasn’t for him. But has unsealed it.

obviously once we recieve it, we legally cannot resell it as for all I know he could have all sorts of problems - but is he entitled to a full refund? The product will end up in the skip

this is on eBay btw, so not sure if he can force a refund
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deals6919/11/2019 13:57

You should have put on the listing no returns. Therefore no one can return …You should have put on the listing no returns. Therefore no one can return anything if they dont like it unless there's a problem with the item


"No returns" for a business seller does not override consumer legislation that provides mandatory 14 days from receipt to notify return for full refund, and OP appears to be acknowledging consumer legislation = respect.
adam_holcombe19/11/2019 14:32

Yet again spouting lies like they're facts. Please stop this. …Yet again spouting lies like they're facts. Please stop this. http://www.legislation.gov.uk/ukpga/2015/15/section/22/enactedThe time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,(b)the goods have been delivered, and(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.


You are referring to a fault return, yet this thread and my post refers to the consumer's mandatory right to return for refund within 14 days of receipt due to change of mind (off-premises sale), which is distinctly different to a fault return. Your error is acknowledged, as is your apology.
17 Comments
You should have put on the listing no returns. Therefore no one can return anything if they dont like it unless there's a problem with the item
Hi PG. Hope you're good. This may be an "obvious is obvious" reply but wouldn't a quick Ebay live-chat solve your issue? They would be able to provide you advice regarding their returns policy regarding items of this nature.

If it was you (or your business) that put the listings on Ebay, do you have a clause in the returns section detailing items that have a 'hygienic' property to them? I.e. unless the item is "faulty" then you cannot accept a return? If the buyer has already contacted you to say they wish to return but only as they no longer want the item, this would form proof that the item isn't faulty.

Regards, Phsy.
What on earth do you sell?
mittromney19/11/2019 14:09

What on earth do you sell?



Exactly what I was thinking, contact lenses maybe.
deals6919/11/2019 13:57

You should have put on the listing no returns. Therefore no one can return …You should have put on the listing no returns. Therefore no one can return anything if they dont like it unless there's a problem with the item


Buyers take no notice of that and will contact eBay claiming there's a problem even making one up, sadly, these days
deals6919/11/2019 13:57

You should have put on the listing no returns. Therefore no one can return …You should have put on the listing no returns. Therefore no one can return anything if they dont like it unless there's a problem with the item


"No returns" for a business seller does not override consumer legislation that provides mandatory 14 days from receipt to notify return for full refund, and OP appears to be acknowledging consumer legislation = respect.
AndyRoyd19/11/2019 14:27

"No returns" for a business seller does not override consumer legislation …"No returns" for a business seller does not override consumer legislation that provides mandatory 14 days from receipt to notify return for full refund, and OP appears to be acknowledging consumer legislation = respect.


Yet again spouting lies like they're facts. Please stop this.

legislation.gov.uk/ukp…ted


The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.
adam_holcombe19/11/2019 14:32

Yet again spouting lies like they're facts. Please stop this. …Yet again spouting lies like they're facts. Please stop this. http://www.legislation.gov.uk/ukpga/2015/15/section/22/enactedThe time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,(b)the goods have been delivered, and(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.


You are referring to a fault return, yet this thread and my post refers to the consumer's mandatory right to return for refund within 14 days of receipt due to change of mind (off-premises sale), which is distinctly different to a fault return. Your error is acknowledged, as is your apology.
OP, check with your legal advisor with ref to applicablity of excluding refund via CCR 2013 Part 3 Para 28 (3) (a)
"...in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery..."
legislation.gov.uk/uks…ade
although that may apply exclusively to "occasion of a visit".
What is the product? If its contact lens then you shouldn't need to refund due to hygiene reasons.
If its binoculars then there is no hygiene risk as they don't directly touch the eye.
AndyRoyd19/11/2019 14:37

OP, check with your legal advisor with ref to applicablity of excluding …OP, check with your legal advisor with ref to applicablity of excluding refund via CCR 2013 Part 3 Para 28 (3) (a)"...in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery..."http://www.legislation.gov.uk/uksi/2013/3134/madealthough that may apply exclusively to "occasion of a visit".


Legal interpretation by the credible Which organisation indicates the consumer has no mandatory right to change of mind refund if the hygiene exemption conditions are met, although this would not prevent a company from offering some gesture of goodwill to promote the possibility of a future sale from same customer
which.co.uk/con…ons
Also check with some vocal members within this thread that the exemption is accurate.
You’ve also got to decide if a negative feedback is also worth it, obviously the value isn’t mentioned here. That’s if you legally don’t have to take it back.
For you to refund it has to be in a sellerable condition which it's not. Retailers won't accept returns on these types of items if it's not sealed.
Won't refund a penny.
Even Argos exclude things like earrings from their regular returns policy due to hygiene concerns . Get in touch with eBay and explain and I'm sure you won't have to take them back.
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