A case that reached the BC Civil Resolution Tribunal involved the popular American hardware store Home Depot in a dispute over the retailer’s refund policy.
According to the customer who initiated the dispute, Home Depot had delivered her a shower wall set instead of the shower base she ordered.
The customer claimed $798.40 for damages, including $498.40 for the shower base and an additional $300 for the time she spent on this dispute. She added $2,000 for mental anguish and $300 for storage fees for storing the shower set she received before she got rid of it.
In response, Home Depot claimed it couldn’t offer a refund because the customer had denied the store the opportunity to pick up the wrong shower set and that, in actuality, the customer owed money. Home Depot said the customer owed at least $196.60 because the shower wall set was worth more than the shower base.
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The customer purchased the shower base on Nov. 3, 2023, to be delivered later that month. After receiving the wrong product, she immediately called Home Depot. Home Depot emailed the customer back, saying it had contacted the vendor and would follow up with her in a few days.
She didn’t hear back and followed up on her own. The customer expressed urgency because she needed the item for a home renovation. Home Depot apologized for the delay, said it was still waiting for the vendor, and confirmed whether she wanted a refund or replacement. She asked for a refund.
Almost a month after that conversation, the customer’s son reached out to Home Depot in December. He reiterated the request for a refund, adding that they had gotten rid of the wrongly delivered shower set because it was taking up too much space.
Home Depot asked for the item to be ready for pick up within three days of that conversation, but the son again told Home Depot that they had disposed of the set. Home Depot said that without the item, they couldn’t offer a refund. In March 2024, a friend called Home Depot about a refund, but Home Depot told them the same thing.
According to Home Depot’s refund policy, the customer must produce the item for which they are seeking a refund and proof of purchase.
However, the tribunal said that because Home Depot delivered the wrong product, their terms didn’t apply.
The tribunal said, “It is undisputed that the shower wall set [the customer] received did not match the description of the shower base she bought. So, I find Home Depot breached the section 17(1) implied condition.”
“Under section 40, if a buyer properly exercises their right to reject the item, they are not obliged to return it to the seller. I note this does not mean the buyer has a right to keep the item, but only that it is not their responsibility to deliver it back to the seller,” it added.
“I find the shower base’s $498.40 price is a loss that directly and naturally resulted from Home Depot’s refusal to deliver it.”
Ultimately, the tribunal found that Home Depot was on the hook for the $498.40.
After dismissing the other claims from both parties, the tribunal ordered Home Depot to pay the customer $657.96 for the refund, plus tribunal fees.