Order nt received, not sure who to chase up!

gilmer33

Hi, i placed an order from smartsmoker.co.uk

I never received my items after a week, when they were supposed to be delivered recorded, by Royal Mail.

I sent an email to smart smoker asking about when i should expect to receive my goods.
The company sent me a mail back which stated that my items had been sent, and signed for upon delivery and gave me a tracking number with which to check on the item on the royal mail website.

I did this, and found that the items had indeed been delivered and signed for, though not by me, and from a sorting office in the south, Reigate. which is nowhere near my local one. Richmond, N Yorks!

So, after seeing this i phoned Royal Mail who said that i should contact the company i purchased the items from. This i did by email, and received the following response from Smart smoker :

Good Evening
You need to go down to your local sorting office and inform them, Royal Mail had no right whatsoever to tell you to contact us, it is typical of them though, they need to interview the postman concerned to find out where it has gone, please keep us informed of your enquiries.

I have not done this yet, as i am not completly sure what to do next, who should i contact next as i feel a bit stuck in the middle.?

Can anyone suggest what my next move is, and tell me what my rights are a to a refund etc?

any info/help would be greatly appreciated.

Matthaus

acdmiller

i would say you need to find out whose signature it was, the royal mail should only have allowed you to sign it go to your local office with say your passport and show them your signature they have to take it seriously. it happened to my daughter who ordered uggs on the internet and she in the end contacted her bank and had a refund for goods not recieved under the fraud section but the fact they have been signed for put a spanner in the works so i do think it lies with the royal mail that where you should start. Good Luck.

gilmer33

Thanks for that, makes sense the way you have explained it.

wealdroam

Your contract is with the seller.
It is the seller's responsibility to get the goods to you.
They have failed.

The seller contracted Royal Mail to deliver the package to you.
Royal Mail did not do that.

The seller should be doing all the chasing of Royal Mail, but if you are happy doing it, carry on.

gilmer33

So what should my response to the seller be, ?

sorry to be a bit naff about this, but i am a bit naive when it comes to things like this,

do i have the right to ask for a refund?

bingo_bango

You can of course ask for a refund, but only after 30 days. That is how long the company have to deliver the goods under DSR's. Be aware that they then have up to 30 days to refund you.
Don't let them put you off with stories of you having to go to RM and chase this up. Not your contract with RM, so you have no right to discuss the matter with them. Your only contract is with Smartsmoker.

pulliptears

wealdroam wrote: »

Your contract is with the seller.
It is the seller's responsibility to get the goods to you.
They have failed.

The seller contracted Royal Mail to deliver the package to you.
Royal Mail did not do that.

The seller should be doing all the chasing of Royal Mail, but if you are happy doing it, carry on.

THIS.

how did you pay, and what was the amount if you dont mind me asking?

wealdroam

gilmer33 wrote: »

do i have the right to ask for a refund?

Yes you do.

Under DSR, you have the right to cancel anytime after ordering up until seven working days after delivery.

Alternatively, you have the right to insist the goods get delivered to you.

You decide.

OlliesDad

bingo_bango wrote: »

You can of course ask for a refund, but only after 30 days. That is how long the company have to deliver the goods under DSR's. Be aware that they then have up to 30 days to refund you.
Don't let them put you off with stories of you having to go to RM and chase this up. Not your contract with RM, so you have no right to discuss the matter with them. Your only contract is with Smartsmoker.

The OP can cancel anytime prior to delivery. Once they have asked for the order to be cancelled the refund must be processed within 30 days (they don't need to wait 30 days to cancel).