Non-delivery from US retailer: Require me to do all the work

DrScotsman

Okay, this is still a hypothetical scenario, my item (hopefully) hasn't gone missing yet.

I ordered Pokemon Platinum from Movietyme with the UK Express delivery. I ordered Diamond from them 2 years ago with the free delivery and it was just fine. UK Express delivery states "Average 5-9 days". Well it's day 9 and I'm going to be a bit miffed if it doesn't arrive: I know it's not guaranteed on time but I'm taking a long train journey on Monday...you get the idea.

But that's besides the point, my point is I'm now worried it won't arrive at all, and look at this:

Movietyme wrote:

Q: An item has been sent to me but has failed to arrive - what can i do?

A: Depending on what type of shipping you chose when checking out depends on when you can advise us of the none arrival.

...

If you feel an item has gone missing this is the procedure that Royal Mail has told us we have to follow:

1) Please send us an email stating your order number and that you have allowed the alloted time as listed above for which ever shipping method you have selected at checkout.

2) We shall then reply and inform you that we are mailing you (as Royal Mail will at this time not allow us to email) a Royal Mail P91 Lost Mail Claim Form.

3) Once you have taken delivery of this claim form please complete it, sign it and return it in the pre paid envelope.

4) Once we have your completed claim form back we can either issue a credit to your MovieTyme account, or issue you with a direct replacement item for the one that was "lost".

If this was under UK law, you wouldn't have to go through with this, would you? This is their responsibility, not mine, and it seems like this would cause a huge delay having to wait to receive the claim form and then send it...to the States?!

Blargh, so, if it DOES get lost, what should I do? I paid on a VISA Credit Card; no Section 75 but there is VISA Chargeback.

Thanks.

EDIT: Well it's arrived. Goes to show I am extremely impatient. Surprised that this "UK Express" just seems to be Royal Mail 1st Class though. I'm still interested to hear your answers though.

Sassca

I don't think that they are doing anything wrong by asking you to fill out a P91. Royal Mail ask for this information by law for any lost parcels; once you send the form back then the supplier will follow the claims procedure for you, so they aren't asking you to claim back your money from Royal Mail. Once they have the form back they can refund you.
I'm glad it's turned up!

deanos

If you buy from the US then you abide by the US law, UK law dosent apply, not sure what happens in US law about non delivery

custardy

well this seems a bit confused
why would a company shipping from abroad be claiming from RM?
if send an item from the UK to the USA via RM then you dont claim from USPS for a missing item

edit: guess they must hold UK stock
anyway on googling its seems a common set up with a few etailers using the same set up

deanos

Maybe they have a warehouse in the UK a few firms work like this

DrScotsman

custardy wrote: »

well this seems a bit confused
why would a company shipping from abroad be claiming from RM?
if send an item from the UK to the USA via RM then you dont claim from USPS for a missing item

Well it's got a big 1 ROYAL MAIL on the front like you get on some first class post. It was clearly sent from the US though (US made envelope) so my best guess is that Royal Mail actually have a US presence. It DOES have a UK return address though, but it's a PO Box.

Heh, it says "Value under $20.00 USD" on it as well. It's worth £26 and I never asked them to help me evade customs (although I do appreciate it). Wonder if they could still claim for the full amount from RM if it got lost.

deanos

Does it have a customs label on the front ?

custardy

the USA is a closed postal market,it can only be sent that way from within the UK
however ive known companies who send the order to their UK base.relabel here and post on

DrScotsman

deanos wrote: »

Does it have a customs label on the front ?

On the address/postage label it mentions customs; says it may be opened officially, says it's optical media (erm, no?), and that it doesn't contain any dangerous articles. I'm guessing that's not a customs label though, so that would be a 'no'.

dmg24

Someone complaining about something that might (and then didn't) happen ... I've seen it all now!

DrScotsman

dmg24 wrote: »

Someone complaining about something that might (and then didn't) happen ... I've seen it all now!

Yeah yeah I'm not that grumpy and miserable, I'm just always paranoid about post going missing. Royal Mail seem to have lost a 2nd class recorded letter sent to A+L recently (I say seem to because tracking says it's not arrived but I've read somewhere on these forums that recorded mail sent to companies can arrive but fail to be tracked, and I DID get a reply from A+L but it might have been a late reply to a phone call I made)