What To Do If You Receive A Complaint

Most complaints are about the quality of the goods or services provided and we will concentrate on such complaints. But you may also get complaints about delivery delay, misleading advertising, misleading prices, unsafe products, untrue claims etc. Whatever the complaint is about, we believe you will avoid more trouble and boost your customer care reputation if you follow the following general principles.

Depending on the size of your business, it may be a good idea to nominate specific staff to handle all complaints. This should result in a more specialised and regular service, and one which you can more easily monitor. If you do organise this way, it's essential that there is always appropriate cover. A dissatisfied customer will only become more dissatisfied if they're told to return in half an hour when 'the person who deals with complaints should be back from their lunch'.
Make sure your staff do not regard complainants as trouble-makers. Most customers are reasonable people and, if anything, are usually slow to complain or, as they see it, to make a fuss. Encourage your staff to treat the customer as they would want a relative of theirs to be treated.
Complainants do not like to tell their story only to have to repeat it to someone 'in authority'. Neither do they want the investigation of their complaint to be a long drawn-out affair. They could argue, perhaps not unreasonably, that you were quick enough to take their money in the first place and you should not be any less enthusiastic to listen to them when something goes wrong. It's important therefore that whoever deals with the complainant in the first instance should generally have the authority to deal simply, fully and speedily with the complaint.
The first thing to establish is whether the goods or service being complained about were actually bought from you. The law says that it's for the buyer to provide proof of purchase. Normally, the complainant will show you a receipt or, perhaps, a cashed cheque, but they may have neither. You may then have to depend on local knowledge or your sales assistant's memory to help you decide whether in fact the complaint is your problem. If you're not satisfied that the complainant has provided reasonable evidence that you were the seller, you're not obliged to do anything about the complaint. Also, as we've said before, "It is usually the buyer who has any legal rights (unless these have been acquired by a Third party)" so you may wish to insist on speaking only to that person. However, such an attitude may be regarded as unhelpful and so long as the facts are undisputed and the representations are being reasonably made, you should deal with the person who has rights in contract, whether that person is the buyer or the Third Party.
If you're satisfied that you were the seller, the next thing to establish is whether the buyer has 'accepted' the goods and so lost the right to a full refund, repair or replacement. 'Acceptance' or 'rejection' of goods can be a complex legal question. Generally speaking, a buyer loses any rights to get their money back if they are deemed to have accepted the goods. Probably the single most important factor in deciding whether goods have been accepted is the length of time the buyer kept the goods before telling you that they wish to reject them. Of course the buyer must be given a reasonable time to examine the goods to check that they are satisfactory, as described and fit for any particular purpose. But if they keep the goods for an unreasonably long period after this initial examination period before they tell you that they wish to reject the goods, they may be deemed to have 'accepted' the goods. In such a case, you would not normally be obliged to give a full refund. But the complainant may still be entitled to compensation for a breach of the terms (satisfactory quality, as described and fit for any specified purpose) of the contract. And so, with the exception of any totally unreasonable case, it may be prudent for you to give your customers the benefit of the doubt when considering whether they have 'accepted' the goods.
Once you have satisfied yourself that you were the seller and that the complainant cannot reasonably be deemed to have 'accepted' the goods, the next thing to do is to establish the exact nature of the complaint and what the complainant wants you to do about it. If goods are being returned because they are unsuitable (the colour doesn't suit, or the bracelet is too small etc), you're not legally obliged to do anything unless it was agreed, at the time of the sale, that the buyer's acceptance depended on the suitability of the goods. If the latter was the case, then you're obliged under the contract made with the buyer to do whatever was promised. This usually involves a full refund, an exchange or a credit note. Whatever your policy on unsuitable goods, it helps avoid possible confusion and trouble if any promise you make is made clear at the time of sale. It may be tempting to say something like, 'Just bring it back if it's not suitable and we'll sort it out for you'. But it is much safer to say, ' Just bring it back if it's not suitable and we'll give you a credit note (or whatever your policy is)'.
Under the Sale and Supply of Goods to Consumers Regulations 2002 the customer has a legal right to ask you to either repair or replace the goods or indeed to reduce the purchase price of a faulty item. If you are asked to repair the goods you must do so within a reasonable period of time so that the customer is not inconvenienced. If the repair or replacement is disproportionate to the cost of the item then you should not have to repair or replace. In these circumstances you should offer a refund which should take into account any use the customer has had from the goods. This then should reflect in the amount of the reimbursement.
If the goods are being rejected because they are faulty and there is nothing to suggest that the defect was the result of misuse or abuse by the buyer and the buyer has not 'accepted' the goods, you should offer the buyer an immediate and full refund, repair and replacement, depending on which remedy they ask for. If necessary, you can then exercise your legal rights as a buyer to get your money back from the manufacturer.
If the goods are returned because they are not as described or fit for the specified purpose, and you agree, you must offer a refund, repair or replacement. If you disagree with the complainant, you may have to seek the opinion of the manufacturer, a test centre or an independent expert before coming to a final decision. There may be a charge for this service and you should agree with the complainant beforehand who will pay any such cost. 'The "loser" pays' is a fairly common basis for any such agreement.
If the customer is asking for repair or replacement and is returning the goods within six months, the onus is on you to prove that the goods were not faulty or misdescribed.