What is the legality of refusing delivery of items ordered online COD?

Dr.sunil V August 17, 2014
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Is it illegal for an online buyer to “unpay and return” items ordered via “Cash On Delivery” mode?

  1. Oron J
    August 18, 2014 at 10:21 am

    The legislation differs greatly from country to country. I have no idea what the legislation is in India,

    In the UK, the Distance Selling Act in the UK (similar laws exist throughout the EU) stipulates that you can return items bought bought by mail-order or over the internet within a week of purchase, at no cost to you. I'm not sure what it says, if anything, about COD (I'm not even sure that COD exists in the UK), but it amounts to much the same thing.

    • Dr.sunil V
      August 18, 2014 at 5:12 pm

      Thanks. Please tell , which webmalls send their own courier person to collect items for 'Return' instead of buyer returning by sending a courier on own

    • Oron J
      August 18, 2014 at 5:44 pm

      I've only done this a couple of times, and then under warranty (rather than using my 1st week right to return), and in both cases it was eBuyer (a UK company) which arranged for a courier to pick up the goods.

    • Sunil
      August 22, 2014 at 5:59 pm

      Thanks. I understand. Please tell , that say Ebay.in offers Return policy valid for 30 days , then based on the policy , can the item be returned after checking at time of delivery itself , instead of returning the same item by another courier , say on next day of delivery!?

    • Oron J
      August 23, 2014 at 5:33 pm

      I imagine the answer is no, since the courier company is a separate entity from the seller, and they would want the sender (in this case, the buyer) to go through *their* procedure for sending the item back, which you wouldn't have time to while the courier is delivering the item to you... Still, it's probably best to check with eBay directly.

    • Drsunil V
      August 24, 2014 at 5:24 pm

      Thanks. Please tell ,
      a) Is there a recent comparison chart / blog showing features of online marketplaces like Flipkart , Amazon.in , Ebay.in , Infibeam , Snapdeal and the likes?
      b) Is Amazon.in planning Drone delivery?
      c) Is Amazon market place the same company which used to have a search engine ( analogous to google search engine ) and ebooks listing?

    • Drsunil V
      August 24, 2014 at 5:50 pm
    • Susendeep D
      August 26, 2014 at 2:52 pm

      Sunil,

      I didn't get the features comparison chart.
      Amazon is planning delivery via drones this Diwali.

      According to Indian rules,no foreign company is allowed to set up its shop and own it for 100% as FDI is required.So,it uses marketplace model in which many Indian sellers sell their products via Amazon Marketplace platform.So,Amazon is trying to do as much as it can.

    • Drsunil V
      August 26, 2014 at 3:35 pm

      Thanks. Please tell is Amazon same company which was/is a search engine

  2. CJ Cotter
    August 18, 2014 at 12:15 am

    I've been able to refuse USPS packages of items I've ordered, but then changed my mind about. As long as the package has not been opened, the USPS will take it back, and stamp it with a big red finger pointing to a statement that says "Delivery Refused". However, you risk the merchant charging you for return delivery, or outright saying that they never got it back.

    • Dr.sunil V
      August 18, 2014 at 5:14 pm

      Thanks. If the USPS package has return policy then why opening package would de-validate returning back via same courier?

  3. Hovsep A
    August 17, 2014 at 10:40 am

    if it is defective then yes you can, i guess you will be charged for the domestic delivery fee

    • Dr.sunil V
      August 17, 2014 at 4:34 pm

      Thank you. Do you mean , that the item can be unpacked , opened , checked and couriering person can be made to wait?

    • Susendeep D
      August 18, 2014 at 9:47 am

      The delivery person won't allow you to open the package unless you pay for it.

    • Susendeep D
      August 18, 2014 at 9:52 am

      Different sites have different return policies.So,you'll have to check for it.Moreover,it's upto the seller whether it'll accept or not your return request.

    • Hovsep A
      August 18, 2014 at 10:54 am

      Cash on Delivery (COD) Process - Buyers
      http://pages.ebay.in/help/buy/buyer_COD_process.html
      The buyer can not open the package before submitting the transaction amount to the courier agent.
      also Courier boys are not allowed to have any open packets with them .

      If the shipping package has damage on the outside, you might be able to request to inspect the items for damages before you pay or if you find the package opened or tampered with upon delivery then simply do not accept it.

    • Dr.sunil V
      August 18, 2014 at 5:11 pm

      Thank you Mr.Hosvep and Mr.Susendeep. Please tell , that say Ebay.in offers Return policy valid for 30 days , then based on the policy , can the item be returned after checking at time of delivery itself , instead of returning the same item by another courier , say on next day of delivery!?

    • Sunil
      August 22, 2014 at 6:11 pm

      Please also tell , which e-tailers offer scheduled delivery?

    • Susendeep D
      August 26, 2014 at 3:06 pm

      If after receiving the item(after paying for it),you find it to be defective,then you'll have to immediately call the customer care of the site from where you have purchased the item.
      I've checked the returned policies of Amazon,Flipkart and Snapdeal and they've not mentioned anything about returning the product to the same delivery guy.So,you'll need to ask the customer care at the same time.

    • Hovsep A
      August 26, 2014 at 3:21 pm

      The buyer can not open the package before submitting the transaction amount to the courier agent.
      http://pages.ebay.in/help/buy/buyer_COD_process.html

      What happens if item is lost or damaged in transit?
      http://pages.ebay.in/aboutebay/COD_FAQs_seller.html
      Courier companies have limited liabilities towards loss or damage of item in transit. On a case-to-case basis, eBay will attempt to resolve claims for loss /damage in transit between the seller and the concerned courier company.

      I have received a broken / damaged product?
      http://pages.ebay.in/ebay_guarantee_faqs.html
      It is the sellers responsibility to ensure that the product is delivered in the condition mentioned in the listing. If you receive a broken or damaged product, you should approach eBay through any of the channels mentioned above & file your claim. eBay will work with you & the seller to ensure that you receive either a replacement or refund once the product is returned back to the seller

      Payment made via which mode is covered under eBay Guarantee*?
      http://pages.ebay.in/ebay_guarantee_faqs.html
      Payments made via all accepted payment methods are covered for Item Not As Described claim (SNAD). For Item Not Received (INR) claims, all payment methods except Cash on Delivery (COD) and buyer picks up and pays are covered

      http://pages.ebay.in/aboutebay/COD_FAQs_seller.html
      Courier companies have limited liabilities towards loss or damage of item in transit. On a case-to-case basis, eBay will attempt to resolve claims for loss /damage in transit between the seller and the concerned courier company.

      How Does PaisaPay COD work
      http://pages.ebay.in/help/howcodworks.html

    • Sunil
      September 7, 2014 at 4:35 pm

      Thanks.

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