Customer and Broken Goods

M

mariuszp

Registered User
Messages
4
Hi there,

I am an owner of a store and faced an interesting situation which I would like to obtain advise for.

The customer came to me to purchase an item. I did not have that item but I had similar instead. The customer asked if he can take it to test if will suit his needs.

Because he was a returning customer, and we dealt similarly with issues before I had no problem with this. Prior to this,the customer took items and paid for them without a problem. I did not have a reason to say no this time.

Customer kept the item for over two weeks. No word from him. I eventually asked to finalize the transaction but in return I got texts back saying that he will be probably bringing the item back.

I said, sure. As agreed please return the item.

When the item came back, I noticed that brand new, lovely item have lots and I mean LOTS of signs of some use. Scratches everywhere and it looks like it dropped too.

I asked the customer to explain but in return I got a message back that, he did not do it and he doesn't know what I'm talking about.

He promised to come back however after his return from abroad.

1 Month passed and today I got a reply to my text that simply says he hasn't got time.

What laws are there to protect me in this situation ?
Are there any ?

The goods are no longer new, and I have to sell it at loss.

Please advise.

Kindest Regards,
M
 
I think you've been had. Insist on a deposit next time. Other than incurring legal costs hiring a solicitor, am not sure what you can do.
 
Perhaps you could 'convince' him to do the right thing if you explain your next course of action is the small claims court?
 
burmo said:
Perhaps you could 'convince' him to do the right thing if you explain your next course of action is the small claims court?
Click to expand...

Out of interest, can a retailer bring a consumer to the SCC?

I remember many years ago people getting goods from shops on "appro". They would take an item or items (usually clothing) home for a few days and would return what didnt suit and pay for what they kept. Appro = approbaton or approval (I think!). Many shops had signs saying "no appro".

Maybe some of the consumers rights leglislation deals with this kind of situation?

I will move this thread to Consumers rights as this is where this and related issues are dealt with on AAM (moved from Askaboutbusiness to Consumer Issues and Rights)

aj
 
Thank You for your reply.

Sure enough, I will always ask for deposit from now on, and will not do this ever again regardless.

I was thinking however to visit Small claim courts, I have no problem paying for solicitors etc. Money is not an issue. The principle is. The behaviour is bad in my opinion. If I won't do it , the guy will do the same to somebody else surly.

So Do you think I should contact Solicitor?

Value of the goods -- > 400.00 euro including VAT
 
I may be wrong but I think you must be fairly unique in allowing customers to take items without paying to see if they are suitable for their needs, especially goods in the price bracket you mention. I think I would chalk this one up to experience and have no more dealings with this person, and also stop the practice of letting people take things home without payment.
 
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