Help with Internet purchases not delivered over 2 months!

paddyg001

Hi Im a new user and am in a spot of trouble.
At the start of June I ordered 2 pairs of work trousers from an online workwear company (can I name them??) and paid with my visa DEBIT card.
I have not recieied any goods or indeed any communication from this company.
I managed to find thier phone number wich was not given on the website and have rang twice.
First they said they were waiting on a large shipment from their supplier, and I would have goods in 2 weeks.
The second time I was told they would look into it for me and would get back to me. Thats been 3 weeks and I still havnt heard from them.
It says on their website they will refund if not delivered in 30 days, I asked for the refund on my second call but was told they need to look in to it.

Is there anything I can do about this or is my money lost?

Thanks in advance

Paddy.

wealdroam

Welcome to the forums.

Please post the name of the company.

Being a new user, you cannot post a link, but maybe post something like the link but with some blanks in it.

E.g...
www. company. co. uk

paddyg001

Thanks
the company is www . vanguardworkwear . co . uk
Ive just seen another topic on here about them aswell!

wealdroam

Is this the other thread you have seen?

As you used a VISA debit card, maybe get onto your bank and ask them to refund your money.

paddyg001

Yep thats the one alright! I googled them and got their fone no. Ill try them again maybe tomorrow then get straight on to my banks fraud department or whatever and report this.
Its unbelieveable that these people can get away with this!

unholyangel

I'm presuming the trousers were "off the shelf" so to speak and you didnt ask for any modifications to be made or customisations?

If so (and someone please correct me if i'm wrong as i've only just woken up) they should be covered by the DSR and as such, if you cancel, they need to refund you within 30 days - but IMO should be doing it faster than this.

Do their T&C's allow for cancellation by phone or just in writing? If its the latter email them or send a letter recorded delivery stating your wish to cancel and that you would like your money refunded as you have already requested on x date.

paddyg001

Yea everything was off the shel as it were, no special instructions. Have emailed them but to no avail, letter sounds good thou!!

In their shipping section it states......
If we have not delivered the goods within 30 days of expected delivery then you may cancel the contract. We will refund any money paid by you..

But in their Conditions of use ..........
1.7 Once an order has been placed by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have dispatched the products we are unable to cancel any orders.

unholyangel

paddyg001 wrote: »

Yea everything was off the shel as it were, no special instructions. Have emailed them but to no avail, letter sounds good thou!!

In their shipping section it states......
If we have not delivered the goods within 30 days of expected delivery then you may cancel the contract. We will refund any money paid by you..

But in their Conditions of use ..........
1.7 Once an order has been placed by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have dispatched the products we are unable to cancel any orders.

Sounds like it conflicts with DSR. Especially as - technically - no contract exists until goods are dispatched................personally i'd contact consumer direct or CAB to see whether they can advise whether this is allowed.

Is that all it says in regards to cancellations/refunds on their website?

paddyg001

More or less yea. This is it below.

Shipping & Returns

Buying From Vanguard Workwear
It’s easy to shop Vanguard Workwear.
We have tried to make your shopping experience as user friendly as possible to ensure you find the products you want easily and quickly. We offer the widest range of Workwear in Europe at great prices with which we aim to make your purchasing easy and painless!
Whilst we carry a large range of products in stock it is impossible for us to ensure we have everything available all the time. As such we cannot give you an exact delivery time. We aim to deliver goods to you within the time indicated by us, but we cannot give an exact delivery date. We also may deliver the goods in several consignments and will if asked to do so by you,we may make an charge for any extra delivery costs for this service. If we have not delivered the goods within 30 days of expected delivery then you may cancel the contract. We will refund any money paid by you..

Via The Website
Ordering on our website couldn’t be easier. Create an account, simply browse and add the products you want to your shopping cart and when you’ve finished shopping go to the checkout to process your payment.
We are a worldwide supplier but please note that all foreign sales will be billed in GB£. The exact rate of exchange will be provided by your card provider at the time of purchase.
On completion of your on-line order and payment, you will be given a confirmation order number. Please make a note of this order number should you need to contact us regarding your order.
For card payments please note we can accept Paypal or card payments powered by Worldpay.
Should you not receive this email please contact us immediately as this may mean your payment has not transacted and your order may not be processed.
Via The Telephone
Vanguard’s order lines are open from 9.00 am to 5.00 pm from Monday-Friday. Our advisers are experts in workwear and will be able to help you if you are uncertain of anything relating to the products you wish to purchase. You can also choose to pay over the phone by credit card should you wish. You will receive an order number.

Via Post
Alternatively, if you wish, you can send your order to us through the post. Please mark on your order which items you want to purchase. Please don’t forget to add any carriage or postal charges in your order total.
Please send your orders to:


Vanguard Safety Products Ltd 624 Bradford RoadBatleyWest YorkshireWF17 8HFShipping Info Carriage is payable on all orders at the following rates. Please remember to select the appropriate delivery destination at the checkout.Shipping Costs

Total Order Value

UK

Ireland

Europe
Rest Of The World
£0 - £49.99
£3.50

£14.99

£18.00

£35.95
£50-£150.00
Free

£14.99

£28.00

£55.00

£150+

Free

£14.99£55.00£70.00**NEW UK SHIPPING RATES - NEW SHIPPING RATES ON ORDERS TO THE UK ONLY. ORDERS UNDER £50.00 NETT WILL BE CHARGED ONLY £3.50 CARRIAGE. ORDER OVER £50 WILL HAVE FREE CARRIAGE**PLEASE NOTE CARRIAGE IS SUBJECT TO VAT**** NEW SHIPPING RATES FOR IRELAND - UPTO £50.00 EX VAT - £9.99. CARRIAGE**UPTO £250.00 EX VAT - £14.99. CARRIAGE**OVER £250.00 EX VAT - £FREE. CARRIAGE**PLEASE NOTE CARRIAGE IS SUBJECT TO VAT.Returns Customers seeking to return goods must notify us in writing prior to sending goods back to us. Customers should only return goods to us after we have authorised the return.Please go to our returns page to see full details of our returns policy & to complete the online returns form and begin the returns process.
Return Authorization Request


Vanguard Safety Products Ltd
624 Bradford Road
Batley
West Yorkshire
WF17 8HF

Customers seeking to return goods must notify us in writing prior to sending goods back to us. Please fill in the returns form below. Also download and complete our return form and include it with the goods you return.
Customers should only return goods to us after we have authorised the return by way of confirmation email.

If customers seek to return goods for replacements then the customer must pay the return carriage cost of the original item to us but we will pay the carriage cost to send the replacement item out.

In the event of a return for a refund we cannot credit the original postage fee as this is an unrecoverable cost for us.

In the event that we send out incorrect or damaged goods to customers then we will pay for collection of the goods and also the replacement item carriage charge as well.

Please note under the Consumer Protection (Distance Selling) Regulations 2000 act the buyer is entitled, for seven working days from the day after that on which the goods are received by the buyer, to unconditionally return the ordered goods to us.

The goods must however be in an as new and unused condition in their own original undamaged packaging. The buyer must return the goods at his own expense.
Any return requests after this seven working day period will be accepted solely at our discretion and if agreed by us will incur upto a 40% re-stocking charge, at our discretion.
Please note any purchases made by corporate bodies or customers from outside the UK ARE NOT GOVERNED by the Distance Selling Regulations and are therefore subject to the restocking charges listed above.

Any returns which are to be for exchanged / swapped for other items from our store (i.e. if a customer wants a different size or colour) then no re-delivery fee is charged.
We cannot accept the return of any logo'd, embroidered, bespoke or altered garments.

wealdroam

But they do also say...

Please note under the Consumer Protection (Distance Selling) Regulations 2000 act the buyer is entitled, for seven working days from the day after that on which the goods are received by the buyer, to unconditionally return the ordered goods to us.

The goods must however be in an as new and unused condition in their own original undamaged packaging. The buyer must return the goods at his own expense.

(lifted from your quote above)

Btw... they are wrong to insist on returning undamaged packaging.

shortchanged_2

paddyg001 wrote: »

In the event of a return for a refund we cannot credit the original postage fee as this is an unrecoverable cost for us.


The goods must however be in an as new and unused condition in their own original undamaged packaging. The buyer must return the goods at his own expense.

Some dodgy looking T&C's there. If you comply with the DSR's i.e inform that you are returning the goods within 7 working days of receiving them then they are obliged to refund their delivery costs.

Also as the previous poster stated they do not have to be returned in their own, original, undamaged packaging as you would have the right to open the package, inspect the goods and reject them if you so wish. Yes you have a duty of care for the goods and should return them in good condition but that is what the DSR's are there to protect people for because you can't often tell the quality of a product by seeing it on the internet etc.