Returned goods not arrived?

izziewiz

Hello,
Would like some advice, please!
I recently purchased some shoes from a company through Amazon. As they didn't fit very well, I packed them up & posted them back through Royal Mail with all the relevant paperwork and got a "Proof of Posting" receipt. After a few weeks I realised that I hadn't been refunded and so contacted them by e-mail (the only way to contact, unfortunately) and asked about the refund. They e-mailed back to say that they hadn't received the shoes back and could I track the parcel. As I didn't send it through a Tracker but have still got my Proof of Postage, I wondered what my rights are as to my refund? I would be very grateful for any advice, thanks.

bris

None from Amazon as you cant prove delivery. You can make a claim from the post office for the missing delivery with your proof of postage, get a claim form and start the ball rolling.

mattyprice4004

Why on earth would you be entitled to a refund if the item you sent back hadn't arrived with them?

You posted it, it's your responsibility to sort it out. You need to claim off RM.

Sponge

Don't distance selling regulations state, 'Refunds must be made within 30 days from cancellation, whether or not the goods have been sent back '?

But it also says the seller has a duty of care to return the goods, or make them available for collection.

I find it interesting to consider how the former works with the latter, in instances where the returned goods have gone missing.

I agree it's down to the sender (buyer) to seek compensation from the RM, as they are the ones that paid for the service. But if the original seller has to refund within 30 days, the buyer would have no goods, a refund from the seller and a refund from the RM! They'd be quids in!

Can I just confirm - the item you bought wasn't actually being sold by Amazon themselves, but a 3rd party?

I never buy from 3rd party sellers on Amazon, as I've heard too many horror stories. Did either (Amazon/3rd party) provide a pre-paid return label? Or did you have to pay for the return yourself?

I'm just seeking clarification, as I'd think if they provided a Freepost return label, would they technically be the RM's customer, not you? And it would be their responsibility to claim for loss?

If you paid, what service did you use? Each service will have its own coverage level for loss/damage and depending on the value of the shoes, you may find you were insufficiently covered.

I've returned goods to Amazon loads of times and once an item never got there. As I said earlier, I only buy items sold by Amazon and they've provided the labels to return them. They issued the refund regardless and presumably claimed off the couriers themselves.

bris

Do you really think that any company is going to abide by the silly law that states they must refund whether they get the goods back or not? Even if they were to sue the company can just counter sue for the missing goods, both will win so action void.

Regardless of the free return, which wouldn't be the case anyway, just becuse of this still means yhey have to make sure it actually gets there or there would be a lot of cases where the buyer was saying they sent it back when they didn't. If they want to know it gets there you can buy recorded delivery for a small fee to use with the free return.

So no, regardless of the circumstances they will need to claim from RM.

zoob

Did you follow distance selling regulations and inform them you wish to return under DSR?

unholyangel

Sponge wrote: »

Don't distance selling regulations state, 'Refunds must be made within 30 days from cancellation, whether or not the goods have been sent back '?

But it also says the seller has a duty of care to return the goods, or make them available for collection.

I find it interesting to consider how the former works with the latter, in instances where the returned goods have gone missing.

In theory, they are supposed to refund and then chase the consumer for breach of statutory care. In reality, they simply refuse to refund. And the law is being changed later this year (i think, around nov or dec) to allow the retailer to make reductions from the refund if the goods are damaged or not returned.

zoob

Taken from a .Gov website for cancelling under DSR for refund,

What must consumers do if they want to cancel?
They must tell you in writing or in another durable medium such as e-mail, if they want to cancel but not by phone unless your terms say this is acceptable. The effective date for cancellations under the DSRs is the date on which the consumer gives notice of cancellation to you.

the_lunatic_is_in_my_head

Phone Amazon OP and ask for their advice. If you told the company you were returning/cancelling within the time advised by durable means (or within 3 months and 7 working days of receipt if no information presented) and the parcel was clearly and correctly addressed then let Amazon know you have followed the requirements for the DSR regs and require their assistance in receiving your refund which is due.

If you speak to an overseas call centre who can't help, they'll send an email after asking if you question was resolved, hit no and the page will go to Amazon where they'll call you back, usually from a UK call centre with better staff.

izziewiz

Many thanks everyone for your advice. I'm going to start the claim from Royal Mail. I had to pay for postage myself - no pre-paid label was included and the cost of the shoes was covered by the postage level that I used.
Yes, it was a third party company through Amazon so I will also contact Amazon OP as well.

thanks again.

mattyprice4004

What's the point of contacting Amazon?

It went missing in the care of RM, as the seller hasn't received the item back why would you expect Amazon to do anything?