Online purchase FeelUnique.com

mojoparrot

Hi can anyone advise please? On 22/12/11 I placed an order online with feelunique.com for some facecreams. It cost me almost £60. The money was taken out of my account on 28/12/11 and presumably dispatched then.

I did not receive the items and contacted customer services. It turns out that on my account the delivery address was entered as just my name and telephone number. They are refusing to refund as they say its my fault that I didnt check the address. The reason that I didnt is that I have placed 5 orders with them previously and although slow they did arrive no problems.

They are refusing to refund or send replacements and say they have contacted trading standards and that I dont have rights. Is this true?

unholyangel

So there was no delivery address on file for you? If that is the case, personally I wouldnt order from them again aswell as putting a request in writing that you are cancelling the order and are entitled to a full refund (including any delivery charge you paid) under Distance Selling Regulations and that they must provide this refund within 30 days of receiving your notice of cancellation.

mojoparrot

Are you sure about the 30 days I quoted that to them and they said I had no rights that the onus was on me to provide the address. They said I was lucky to receive the other orders and I deffo wont be ordering again theyre so rude! They say they sent an email confirmatiion and say that this was the address they had down for me but I cant understand why I got the other orders from them.

unholyangel

http://www.legislation.gov.uk/uksi/2000/2334/contents/made

Right to cancel

10.—(1) Subject to regulation 13, if within the cancellation period set out in regulations 11 and 12, the consumer gives a notice of cancellation to the supplier, or any other person previously notified by the supplier to the consumer as a person to whom notice of cancellation may be given, the notice of cancellation shall operate to cancel the contract.

(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

Performance

19.—(1) Unless the parties agree otherwise, the supplier shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier.

Cancel as above, if they don't issue a refund, you may have 2 choices depending on payment method. If you paid by visa/mastercard, contact your card issuer and ask to action a chargeback. If you didnt pay by card, write to them recorded delivery stating they are in breach of dsrs, you have given notice of cancellation as is your statutory right and that they have failed to refund you within the 30 days permitted (as per dsrs). Title the letter "Letter Before Action". Say you are requesting you statutory right to a full refund (state how much it is - including any delivery charge you paid) and give them 7 days in which to provide it.

Inform them if you don't receive the refund within 7 days, you will be filing against them in Small Claims.