Legal Question in Consumer Law in Pennsylvania

Customer damages item, wants refund

I run an online business. 6 months ago, a client returned some items several weeks after our 10 day return policy ran out. I accepted them anyway from the post office despite the delay, but when I opened the box the items had been used & were ruined & unsellable.

Our policy states refunds on unused items only unless we shipped them damaged. I explained this to the client & that he would have to send payment for me to ship it back to him at his cost. I waited but never heard from him again. The items sat in the box waiting.

This morning, he emailed requesting his money back. I repeated the policy and said I will return the goods to him. He is now claiming we have no right to refuse him a refund, and stated ''expecting customers to return items without damage or flaws is not only ridiculous but bad business.'' He does not deny he sent back items he ruined.

He is also threatening to not only sue for mail fraud but spread lies that we steal money and keep the goods.

I have never had to refuse a refund before because most clients are basically good people. We are a small company and cannot afford the over-easy policies of a giant store. Am I right that I don't have to refund money for items he ruined?

Thanks


Asked on 10/31/07, 5:57 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Customer damages item, wants refund

You asked about a customer with unreasonable expectations.

You are correct, but that won't stop him from doing what he suggested. A strongly worded letter from an attorney often does the trick.

You do not need to ship the items back at your expense. In writing reaffirm your offer and state that if the articles are not claimed in XX days they will be trashed or donated to charity. (You must not resell them.)

I'd be happy to speak with you about developing more clear policy and procedure.

Regards,

Roger

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Answered on 10/31/07, 8:14 pm


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