Im in need of advice..

Snatchy810

Hi all,

Firstly sorry for any spelling mistakes.

Im having a problem with a company based in the netherlands, I have purchased 12 Jersery shirts for an internet based gaming organisation. We are attending an event on the 28th of this month thus why i purchased the shirts. On the 14th of June 2011 i paid for the shirts up front. They then said it would take 3 working days for the design to be completed for me to view and approve, 8 working days later i got the design, which i was very disapointed with, i went with the paticular company as there quality and designs are suposed to be good as other teams i have seen with these shirts from this company.

After emailing them back saying i didnt like the design i was told they would be happy to re-design the shirts untill i was happy.

After then finding a week has past there was still no 2nd design, after emailing to ask were the design was, i was told it hadn't even been started yet and that due to the re-design not been completed within there 3 working day policy they wouldn't be able to make the shirts in time for our event on the 28th.

So now i ask for a refund and all commuication from there end has stopped, i have no heard anything for over a week now since asking for a refund.

I paid using my credit card via paypal, the company doesn't normal accept paypal but on they were happy to use paypal as long as i paid the paypal fee's so i had to send the money as a donation on paypal otherwie the company would of had to pay the paypal cost which we agreed i would pay.

My problem now is how do i go about getting my money back for the shirts which im never going to see ?

Do i take legal action or do i threaten legal action and see what happens, i am not very good with the legalitys of all of this.

Please help

Many thanks
Ben

scheming_gypsy

You should be able to do a charge back on the credit card.

paddyrg

It doesn't sound like they are being unreasonable, and anyway cross-border litigation for a cash payment is going to be trouble. Why not give them a call suggesting the return say 90% of the cash, treating the 10% as a cancellation charge. It is not their fault you didn't like the design, and they did offer to remedy that but are unable to invent extra time in the processing schedule.

wealdroam

scheming_gypsy wrote: »

You should be able to do a charge back on the credit card.

As Paypal are involved, that might be more difficult... if not impossible.
But would a Paypal chargeback work?

unholyangel

Section 75 doesnt cover payments via third party (which would be paypal) as wealdroam states above.

Not sure if you could open a dispute on "donations". Maybe best bet would be to speak to paypal and tell them it was a business transaction and not a gift and see what advice they can offer.

vuvuzela

I suspect you will struggle as you didn't send it as a payment, you sent it as a gift. By doing so, you pretty much waived your rights as far as paypal are concerned.

visidigi

yup - vuvuzela is spot on and i suspect the company knows it...

Snatchy810

paddyrg wrote: »

It doesn't sound like they are being unreasonable, and anyway cross-border litigation for a cash payment is going to be trouble. Why not give them a call suggesting the return say 90% of the cash, treating the 10% as a cancellation charge. It is not their fault you didn't like the design, and they did offer to remedy that but are unable to invent extra time in the processing schedule.

As the design is conserned they basicly sent a really rubbbish design compared with previous designs i have seen from them it was like a half arsed attempt just to fob be off, they are a well respected company within the gaming sence online thus why i used them. If they had stuck to there time scale of 3 working days for the design i would of been able to ask for 4 re-designs in that time it took them to do the first one and them saying they would do a second.

Snatchy810

unholyangel wrote: »

Section 75 doesnt cover payments via third party (which would be paypal) as wealdroam states above.

Not sure if you could open a dispute on "donations". Maybe best bet would be to speak to paypal and tell them it was a business transaction and not a gift and see what advice they can offer.

I will speak with paypal today and let you know the outcome, thanks

Snatchy810

Sent a strongly worded letter explaining i was getting the law involved ! got my money back result !