Forced to refund a seller under CPA - Directive 2011/83/EU

[Emerson]

In case a buyer applies for the right of withdrawn from a purchase within the 14 days granted by the Legal text and the purchase has been returned to the seller by the shipping company the seller has contracted, due to the fact the buyer has refused to accept the delivery; has the seller any right to request a buyer to pay/refund for any return costs the shipping company may charge the seller, or even any custom's clearance the seller might have to pay to receive the purchase back?

[Ron van der Kolk]

Welcome to Higherlevel.

 

1 uur terug, Emerson zei:

has the seller any right to request a buyer to pay/refund for any return costs

Yes, if the buyer is a consumer and you informed the buyer before the sale that return costs are for the buyer. (Source: ACM point 5)

 

Assuming Dutch law is applicable: seller has to inform buyer about return costs: "(...)  verstrekt de handelaar de consument op duidelijke en begrijpelijke wijze de volgende informatie: (...)  voor zover van toepassing, het feit dat de consument de kosten van het terugzenden van de zaken zal moeten dragen in geval van uitoefening van het recht van ontbinding" (art. 6:230m lid 1 sub i BW) otherwise return costs are not for the buyer: "Niet opgegeven bijkomende kosten als bedoeld in artikel 230m lid 1, onderdelen e en i, zijn niet verschuldigd" (art. 6:230n lid 3 BW).

 

10 april 2023 aangepast door Ron van der Kolk

[Emerson]

7 minutes ago, Ron van der Kolk said:

Welcome to Higherlevel.

 

Yes, if the buyer is a consumer and you informed the buyer before the sale that return costs are for the buyer. (Source: ACM point 5)

 

 

Thank you, Ron!

But taking into consideration the seller is obliged to refund the buyer within 14 days the full amount paid, may the seller deduct the return costs (customs clearance + shipping company return charges) from the amount to be refunded or has the seller send a separate invoice to the buyer?

 

Thank you in advance!

[Derek-Jan]

Where is your shop situated and where is the buyer located ? 

 

There might be a difference if the buyer is outside the EU? (as you talk about customs clearance)

[Ron van der Kolk]

25 minuten geleden, Emerson zei:

may the seller deduct the return costs (customs clearance + shipping company return charges) from the amount to be refunded or has the seller send a separate invoice to the buyer?

The idea of the law is that the buyer takes care of the return and the return costs. If you are making the return cost, how is the total cost clear to the buyer before the sale?

 

Furthermore, the law states that you have to repay all recieved payments, there is no privision to deduct costs: "De handelaar vergoedt na ontbinding van de overeenkomst (...) alle van de consument ontvangen betalingen" (art. 6:230r lid 1 BW).

 

[Emerson]

46 minutes ago, Derek-Jan said:

Where is your shop situated and where is the buyer located ? 

 

There might be a difference if the buyer is outside the EU? (as you talk about customs clearance)

The shop is located in Turkey. The buyer from Portugal. The article (watch) was sold via an online website stablished in the Netherlands (Catawiki) and consequently, the Right of Withdrawn is automatically applied.

The buyer refused the delivery and the shipping company will return the item.
The Turkish Customs will charge taxes for re-entering as so as, the shipping company will apply the return costs to the seller to pay.  Such costs can only be known after the item is ready to be cleared, in Turkey.  There's no way to know when exactly the item will be effectively returned to the shop (cleared from customs). 

In my understanding, the buyer may not wait for undetermined period of time to be refunded.  As the shipping company already declared the item will be returned and is already in transit due to the refusal of delivery, the buyer is entitled to be refunded. Thus:

-should the buyer wait for the seller to have paid for all the return costs charged by the Turkish customs & shipping company and "discount" such costs from the refund the buyer is entitled of or,

 

-should the buyer be refunded immediately and be invoiced later, for the return costs the seller had to pay to receive the item back?

[Derek-Jan]

It sounds to me like the buyer did not want to pay the customs clearance and duties. And therefore refused to accept the shipment.

 

Did the buyer knew that the package was shipped from Turkey and that he might had to pay import duties? 

 

If I was the buyer and I bought something on a Dutch webshop, I would not be amused to pay extra for import if I did not know before I ordered.

 

This doesn't answer your question, but it might be something to think about. 

[StevenK]

No, the seller has no right deduct charges. Under the applicable law, the seller is obliged to refund the entire amount paid. 

[Bert.]

Catawiki has separate T&C's for professional sellers  and private persons, I suppuse you should check them first. But seeing your profile  you're apparently not related to the Turkeish seller. This forum is not for questions from private individuals about internet purchases.