My question involves a consumer law issue in the State of: NY
I had made an online purchase (retailer is based in CA) and returned one of two items I had purchased within their return window. The garment was on the hanger, in the garment bag and shipped back in the box it was originally sent to me in. The retailer claims that it was returned in a state that was unsaleable and that they were returning it back to me. I was confused - perhaps I missed a stain? I waited for it to arrive. When the item arrived, the damage was certainly not done by me. The silk dress had what looked like a colored water stain and not in the condition I returned it in. Furthermore, the retailer returned it to me crammed in a stuffed paper envelope. I sent an angry note to the retailer about the condition it was returned to me and how I have no idea how it returned to them in that state. That's when I learned that the garment did not arrive to them in the state I sent it (on the hanger, in the garment back and in the original box).
They went ahead and filed a damage claim with UPS however since the garment was no longer in their possession since they returned it to me, the claim could not be investigated further. The retailer has offered a full credit for the cost of the item - something they say is not normal procedure. However, what I really want is a full credit since I complied to their return terms. What are my options here? The retailer says that the package it arrived in was not damaged - only the garment which is why they never filed a damage claim and just returned it to me. Are they at fault for not filing a claim with UPS or following up with me when the garment returned in non-standard packaging which is now precluding me from being able to receive my refund? Do I as a consumer have to now document every return I send back? I'm hesitant to file a charge back with the credit card in case, it gets denied and I end up with nothing. Am I just out of luck and need to take the web credit?
Thanks for your help.
I had made an online purchase (retailer is based in CA) and returned one of two items I had purchased within their return window. The garment was on the hanger, in the garment bag and shipped back in the box it was originally sent to me in. The retailer claims that it was returned in a state that was unsaleable and that they were returning it back to me. I was confused - perhaps I missed a stain? I waited for it to arrive. When the item arrived, the damage was certainly not done by me. The silk dress had what looked like a colored water stain and not in the condition I returned it in. Furthermore, the retailer returned it to me crammed in a stuffed paper envelope. I sent an angry note to the retailer about the condition it was returned to me and how I have no idea how it returned to them in that state. That's when I learned that the garment did not arrive to them in the state I sent it (on the hanger, in the garment back and in the original box).
They went ahead and filed a damage claim with UPS however since the garment was no longer in their possession since they returned it to me, the claim could not be investigated further. The retailer has offered a full credit for the cost of the item - something they say is not normal procedure. However, what I really want is a full credit since I complied to their return terms. What are my options here? The retailer says that the package it arrived in was not damaged - only the garment which is why they never filed a damage claim and just returned it to me. Are they at fault for not filing a claim with UPS or following up with me when the garment returned in non-standard packaging which is now precluding me from being able to receive my refund? Do I as a consumer have to now document every return I send back? I'm hesitant to file a charge back with the credit card in case, it gets denied and I end up with nothing. Am I just out of luck and need to take the web credit?
Thanks for your help.
Retailers: Liable for Item Damaged During Return Shipping
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