shoprush failed deliveries

trainmadlad

I placed an order with shoprush in November as other forum members had good deals with this company. the order failed to arrive and i contacted them and was advised to wait 15 days so they could claim from royal mail. after 15 days i advised that there was still no delivery so they said they would re-issue the order and send it tracked. after a week the second deliver still hadn't arrived so I asked for tracking details. they responded with the same reply to the first delivery saying i had to wait 15 days and didn't give me any tracking information. I have advised them now that the 2nd delivery has failed and I want to cancel the order. I haven't had a response to that e-mail. I paid by credit card but the order is less than £100. Is there anything I can do if they don't give me a refund other than not use them again?

arcon5

Tell the company to refund you in full forthwith. Make it clear you are not willing to wait 15 days.
The fact they want to claim of RM is of no relevance to you whatsoever. RoyalMail are providing them with a service, not you. If they fail to perform it falls on the seller - no exceptions.

Then contact your CC company and ask the initiate a chargeback for goods not received.
The £100 rule doesn't apply to chargebacks - just section 75 protection.
(Personally i'd be contacting them sooner rather than later, certainly no longer than say 7 days of demanding the refund).

The law is very clear on performance of distant contracts, unless otherwise agreed it must be performed within 30 days. So you may considered the contract void.

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.

(2) Subject to paragraphs (7) and (8), where the supplier is unable to perform the contract because the goods or services ordered are not available, within the period for performance referred to in paragraph (1) or such other period as the parties agree (“the period for performance”), he shall—

(a)inform the consumer; and

(b)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.

trainmadlad

thank you for a really helpful response. I have contacted my credit card company and they are disputing the transaction for me.

arcon5

Sill worth emailing the company, telling them you are initiating a chargeback. With any luck they may refund you before the whole process begins - especially since most merchant banks make you stay within a limit before deeming you high risk. Also most merchant accounts carry charges for handling chargebacks. They're probably still not too late to avoid this.