Internet Order Missing, what are My rights?!

this_charming_girl

Hi guys, need a bit of advice please.
I bought a pair of earrings from a company recommended to me by a friend as they do some good deals or jewellery.
Now I bought these through their website and then paid through pay pal.
I also set my billing and shipping addresses as different.
I was in the middle of getting a new debit card, which was linked and paid with through pay pal. i then emailed them over facebook- where they do majority of business, to make sure the payment went through.
A representative asked for my pay pal transaction ID as he could not find my payment on their system.
I never received a confirmation email or dispatch email from this company,only a receipt from pay pal. He then said due to an error they were not on the system but now he had my details he would send them out for me.

however he sent them to my billing address- something that i specified not to. i have checked both addresses and nothing has come. the original transaction took place on 15/5/2013 for the grand total of £2.95.

I have received nothing at both addresses, i emailed several times at gained no response until i posted my complaint publicly on their page. they they sent me a royal mail form stating that I HAD to complete this form which took a further 10 days, and a refund a further 24 days!

I questioned this, and all i have received back is 3 more links to the form and the same regurgitated response.

I then got an email to me today after i said this was not acceptable. that my postage costs would not be refunded.
now the problem here is that the earring deal was this:
Pay nothing for the earrings, just £2.95 in p&p.

now no where on their website t&c's or refund policy does it state they cannot refund p&p. I feel well and truly fobbed off.
I have spoken to 3 representatives from their website, and not one till now has stated they cannot refund p&p.
its getting on a month now, what can i say/ do in order to get my money back?
thanks.

arcon5

They can take up to 30 days to refund.

And no they cannot refund you only in part - if their sub-contractor (Royal Mail?) failed in their duty then that's not your problem. It would be reasonable to be asked to sign a document confirming you haven't received the item, certainly not reasonable to expect you to put in a claim with RoyalMail.

The fact the earrings was free is irrelevant.

unholyangel

Paypal dispute? Unless you sent the money as a "gift" ?

this_charming_girl

thank you for your replies. I don't understand why i should do all the donkey work, and speak to Royal Mail, for an item that was posted out by them.
Surely they should be contacting them on my behalf, and to be honest, I would have thought £2.95 is seriously not worth opening a dispute with them (Royal Mail)?
I am annoyed that they have tried to pull the no refunds on p&p trick on me, when i have pursued a full refund.
I have read the t&c's and refunds procedure and no where does it say anything about refunding p&p costs.

I purchased the earrings on the 15/5/2013 so it must be getting closer to the 30 days limit?

Wywth

As unholyangel suggests, why don't you raise a paypal dispute?

However the vendor tries to wrap this up, paypal will consider you paid a total of £2.95 in exchange for the vendor supplying & delivering the goods.

The fact you paid is not in dispute ...

You have 45 days from the date you made payment to open the dispute.

arcon5

I'm surprised to be honest they are fighting this particular issue over £2.95, any good will they could have generated has now been lost.

Hintza

Specifying a different address from the billing address is never a good idea with PayPal as obviously this is what folk do if they fraudulently get access to your account.

Open a PayPal dispute.

this_charming_girl

arcon5 wrote: »

I'm surprised to be honest they are fighting this particular issue over £2.95, any good will they could have generated has now been lost.

I know! that's one of the first things i have said to them. No apology, no compromise over a solution. They have responded with the same message link to Royal Mail three times!

Thanks for the advice I will defiantly have a look at the pay pay dispute.

what are the DSR's surrounding an issue like this?

arcon5

this_charming_girl wrote: »

I know! that's one of the first things i have said to them. No apology, no compromise over a solution. They have responded with the same message link to Royal Mail three times!

Thanks for the advice I will defiantly have a look at the pay pay dispute.

what are the DSR's surrounding an issue like this?

In summary:

You can cancel any time up to 7 working days after receiving goods (so obviously still within this time).

They must refund all monies paid within 30 days of cancellation.

If they haven't fulfilled their obligations within 30 days (unless otherwise agreed) the contract can be considered to have never been entered in to and monies must be restored to you.

wealdroam

this_charming_girl wrote: »

what are the DSR's surrounding an issue like this?

DSRs say you can cancel an order up to seven working days after delivery.

Clearly as the goods have not been delivered, you are within that timescale so can cancel the order.

DSRs go on to say that if the order is cancelled then the seller must refund all monies paid, including the cost of postage in sending the goods to you.

All this is in the OFT's Guide to the DSRs.

arcon5

Hintza wrote: »

Specifying a different address from the billing address is never a good idea with PayPal as obviously this is what folk do if they fraudulently get access to your account.

Open a PayPal dispute.

Agreed, but then they should make you aware of this or refuse to accept a delivery address.