Short changed on refund!

Nikopolaidis

Hi all,

Basically, I bought a pair of sunglasses recently from on online website (which is really just an opticians). I was told that I had about a 21 day wait maximum before I would received said goods.

After the 21 days had passed I rang to enquire when I would be received my order. I was told that the item was out of stock and I could be waiting a further 12 weeks but the person I spoke to would ring around the agents of the manufacturer and obtain a pair within the next day or so. Upon refusing this, requesting the cancellation of my order and asking for a refund I was told this would be done immediately. I then ordered the same item form another place who dispatched very quickly.

However, the next day the company who took my original order emailed me informing me they had the order in stock and could send it next day delivery if I wanted. I politely declined their offer but lo an behold it arrived in the post anyway. I have proof of that I specifically asked not to received my order.

It cost me £5.40 to send the unwanted glasses back to the company and I therefore requested a complete refund of my order, the original delivery cost and then the return postage costs as this was clearly not my fault.

However, I have only been refunded the item cost. I have not been given my postage nor the extra return postage either.

Where do I stand with this and how do I go about getting my proper refund if they refuse to play ball? I feel like they sent the order anyway in the hope I'd keep quiet and keep it and they are now doing the same by not refunding all whats due to me. It's only £10 but it's the principal - I refuse to back down!

I obviously wrote them a letter when I returned the order but they've ignored this and I wanted to know where I go from here? What action can I threaten them with if they wont play ball? Your comments are appreciated.

The_Pedant

Point out that you clearly cancelled the order. Provided that later confirmation where you declined their offer after locating the goods was by email, then this would stand up under the Distance Selling Regulations (as they had clearly stated the items were out of stock).

You should therefore have every right for a full refund. If they still sent out the order then I would expect full postage costs to be reimbursed, as a contract to supply the goods no longer existed.

Even if you did not cancel, then unless their terms & conditions state that the buy must pay return postage then they would *still* of had to refund postage.

Mark_Hewitt

I *think* you went about it in the wrong way. Perhaps what you should have done is inform them that you have recieved an item in error and you will be keeping it until they can arrange collection. If they cannot arrange return postage themselves you'll consider it as a gift.

Nikopolaidis

Hi Mark, thanks for your comment. I think I neglected to mention that I wasn't actually refunded the amount until I had sent the item back, and even then it was like getting blood out of a stone! Had I kept it then it wouldn't be a 'gift' as I would have paid for it!!

What should I say to this company in order to request my remaining refund as they've obviously ignored my letter to them??