Not upheld: returns and refunds - goods not received by seller complaint against Sky UK Limited

Decision detail

Summary

Mr G inadvertently ordered a tablet from Sky and called immediately to report the error. Sky advised him to reject the tablet on delivery, but Mr G took delivery instead. Mr G later returned the tablet using a prepaid label and online guidance, but the parcel was lost at a distribution centre and did not reach Sky. The ombudsman found that Sky gave correct advice which Mr G did not follow, the return address was not authorised by Sky, and there was no evidence Sky received the tablet. The complaint was not upheld as Sky was entitled to charge for the tablet as ordered and not returned.

The Ombudsman's reasoning

The ombudsman applied the balance of probabilities standard due to incomplete and inconclusive evidence. Sky provided correct advice when Mr G called, which Mr G failed to follow by taking delivery instead of rejecting the tablet. The return label used did not correspond to an authorised Sky returns address, and there was no evidence Sky provided that label or received the parcel. Therefore, Sky was entitled to charge for the tablet as it was supplied as ordered and not returned to Sky.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website