Rights to a refund??

lozleigh

HELP!! Not sure where to post this. I recently bought goods over the phone using my credit card. Although the company dispatched them in good faith, they have never arrived, so now I want my money back. The company says they will only pay me back when they have received compensation from the post office for the loss. This could take weeks. What are my rights here? Can I legally expect the company to reimburse me while the wait for PO refund, or do I have to wait until they have been reimbursed by the PO?

chattychappy

Whether they get a refund from the PO or not has nothing to do with your entitlement.

It all comes down to at whose risk the goods were sent. Normally in consumer contracts, it's at their risk. Ie they have the obligation to get the goods to you - if they don't show up then it's down to them to refund or replace. Often in commercial contracts the risk of loss/delay passes to the recipient on dispatch. Ie if they can prove they dispatched the goods, then they've satisfied their obligation. Unlikely to be the case here - but it does come down to the T+Cs.

Was it recorded delivery or registered?

PNPSUKNET

how much was the item

Degenerate

chattychappy wrote: »

It all comes down to at whose risk the goods were sent. Normally in consumer contracts, it's at their risk. Ie they have the obligation to get the goods to you - if they don't show up then it's down to them to refund or replace. Often in commercial contracts the risk of loss/delay passes to the recipient on dispatch. Ie if they can prove they dispatched the goods, then they've satisfied their obligation. Unlikely to be the case here - but it does come down to the T+Cs.

I think the distance selling regulations come into play here, making it always the retailer's responsibility.

chattychappy

Degenerate wrote: »

I think the distance selling regulations come into play here, making it always the retailer's responsibility.

Yes, I think they do. Perhaps the OP should just cancel under the regs and say if the goods turn up they will be refused. That should be enough.

(Some sales are not covered by the DSRs - eg if they are bespoke. Perhaps the OP can give more details.)

lozleigh

The item was 30 quid and they did send it recorded signed for...but the PO have no data on where it went after it was received at the vendor's local depot. So the vendor did dispatch it, but I still haven't received... :-(

PNPSUKNET

even play.com make you wait this long, things can be delayed with the post. section 75 wouldnt be an option either

crabbity_witch

contact your credit card supplier. it could be to your advantage.

If it was sent by RM registered or special delivery, it would be tracked to your front door. If your postie could not deliver it, then it would be on the system that is was returned to your local depot.

Royal Mail would only look to refund of the seller declared the value when it was sent, if it's over a certain amount.

Your "rights" would be set out in the terms and conditions of the transaction and the merchant should have a policy for events like this. Maybe ask them first?