Consumer, returns, shipping

[VPW6915]

Hopefully an easy question here. Back in September we made a purchase from an individual that does crafts. It took forever to receive it but we finally did 3 months later. When it arrived we were busy and away so we didn't actually open the product until 15 days later. When we opened it there were clear workmanship issues. We emailed the merchant and they said it was due to shipping and it was to late because it took us 15 days and they basically ignored us after that (it was clearly not related to shipping since it was wrapped in plastic). We really just tried to get the product fixed but they did not want to help us. We then filed a dispute with our credit card company. We are still waiting for the outcome of the dispute however in the meantime she e-mailed us threatening to go to the police saying that we are in possession of stolen goods and that we need to send it back. I have a good idea that she probably will get nowhere with the police since we have the credit card charge on our CC, the shipping label and tracking information. We informed her that we will gladly send it back once the credit card company makes it's decision and when she sends a return shipping label. Based on this I have two questions:

1) Can she do anything at this point?
2) Who is responsible for the shipping? (am I right in thinking that if something is damaged/or not of quality the merchant pays for the return but if someone just wants to return it then they pay for shipping)


Thanks for the help

 

[FlyingRon]

She's blowing smoke. Even if she went to the cops, they're not going to get involved.

She's under no obligation to refund you (shipping or otherwise). If you succeed in getting the credit card to charge her back, she can possibly sue you. Write back in the unlikely event that this happens.

 

[VPW6915]

Why would she be under no obligation to pay for the shipping if she wants it back. So a merchant can send a consumer something that is of poor quality (AKA crap) and there is no consumer protection? Isn't their implied warranties or something along those lines?

 

[Zigner]

Why would she be under no obligation to pay for the shipping if she wants it back. So a merchant can send a consumer something that is of poor quality (AKA crap) and there is no consumer protection? Isn't their implied warranties or something along those lines?

Because you aren't allowed a refund AND to keep the item.

 

[VPW6915]

I wouldn't be getting a refund and keeping the item. I would gladly send it back. I am just asking who would have to pay for the shipping since it was sent to me in poor cosmetic condition.

 

[OHRoadwarrior]

You would. She did not promise free returns in writing.

 

[VPW6915]

So just to be clear lets say you order a new book. When you get the book the words on some of the pages in the book are distorted or unreadable. So what you are telling me is

1) the Merchant is under no obligation to replace the book
2) if you file a dispute with the credit card company and win, you (not the merchant) have to pay for the shipping back to merchant.

 

[tranquility]

So just to be clear lets say you order a new book. When you get the book the words on some of the pages in the book are distorted or unreadable. So what you are telling me is

1) the Merchant is under no obligation to replace the book
2) if you file a dispute with the credit card company and win, you (not the merchant) have to pay for the shipping back to merchant.

Look to the UCC. ( https://www.law.cornell.edu/ucc/2/ ) I'd focus on the remedies and duties under part 6.

The time it took to "inspect" the item is a problem. Also, as to if the item conforms. YOU say it is crap. But, that is not the measure unless there is some specific warranty or promise that your opinion matters. The measure will be if the item conforms to the contract.