Advice please re: refund

a kind of magic

a kind of magic

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I did have an online tack shop, which I closed in late August due to a general lack of time with my other job (oh the irony now being too sick to work in my other job!).

Just before I closed (early August) it I had an email from a lady wanting to buy one of my saddles, she didn't want to pay postage so actually drove to my store room (a 390 mile round trip) and picked up said saddle, and my own saddle (private sale) for a friend of theirs.

I had a letter dated 28th October arrive today, she has only just tried the saddle on her horse (to find it doesn't fit) and asked if there was any possibility she could get a refund.

Where do I stand in terms of giving her a refund? Do I have to do it? She left it a very long time before trying the saddle on for fit. :(
 
You don't have to give a refund, you aren't legally obliged to unless the saddle isn't fit for purpose, in which case you would be taking it up with your supplier anyway. Whether you give a refund or not is up to you. I can't imagine many saddlers would give a refund. The customer decided to buy it, unless that was done on the basis of you saying it would fit then you would be well within your rights to refuse a refund.
 
TBH I don't feel you have any responsibilities here as she left it such a long time before trying it on her horse. That was her responsibility to do so, and the fact that she didn't, isn't your fault is it.

As post above, I don't know what your trading terms were but normally there's like 28 days or whatever ....... so don't see that you have any obligations to refund her. OK so to be fair she didn't know you were gonna cease trading, but the onus was on her to try the saddle to the horse asap and the delay in doing so isn't your fault!

So think that your conscience would be absolutely clear in telling her that you're sorry but you're no longer trading and if she wishes to sell the saddle she must either do so privately or take it to a retail saddlery and see what they'll offer.
 
akindofmagic said:
I did have an online tack shop, which I closed in late August due to a general lack of time with my other job (oh the irony now being too sick to work in my other job!).

Just before I closed (early August) it I had an email from a lady wanting to buy one of my saddles, she didn't want to pay postage so actually drove to my store room (a 390 mile round trip) and picked up said saddle, and my own saddle (private sale) for a friend of theirs.

I had a letter dated 28th October arrive today, she has only just tried the saddle on her horse (to find it doesn't fit) and asked if there was any possibility she could get a refund.

Where do I stand in terms of giving her a refund? Do I have to do it? She left it a very long time before trying the saddle on for fit. :(
Click to expand...

one word : no.

you're perfectly within your rights plus what amymay said about not longer trading.

on a slight tangent and i could be talking rubbish, (wouldnt be the first time) but i dont think you legally have to give 28 days notice for a refund on a sold item anyway just because it 'doesnt fit'.
'unfit for purpose' is another matter.
 
I don't think you are under any obligation to refund her, if the item sold matches the description given, is fit for purpose and basically didn't contravene the sales and supply of goods act.

Quite a lot of time has elapsed so I don't think you can be held responsible, especially if the business no longer exists. She would be wiser to seek a private sale, I think. Did you have a refund policy when you were trading which would mean you would not refund it now (due to time etc!)?
 
Thanks guys, I didn't want to be seen to be unreasonable, I know about the distance selling regulations but she came to the store to collect the saddle on 3/8/11 and then didn't try it on her horse til 25/10/11.

Saddle was totally fit for purpose (not faulty) it is just literally that is doesn't fit. She even said herself in the letter that it is a beautiful saddle.

I will draft a polite letter back explaining that I am no longer trading and unfortunately as there was a large amount of time elapsed I am unable to offer a refund.

Thank you.
 
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