Awkward furniture company won't give refund, advice needed

arcon5

To be on the safe side wait the 30 days.
Although I don't think you'd be penalised for not doing so with them having given their final response to your demands.

Worth researching the company first though to be confident they are not a fly by night and you are wasting good money chasing bad.

unholyangel

patchesohoulihan wrote: »

They give a delivery estimate on their site which it ended up exceeding and they kept pushing it back. I'll check if it was originally within 30 days or not.

I've sent them the letter threatening court action and giving them 30 days to refund my money. They have replied saying that they won't so do I wait until the end of 30 days or just start the small claims procedure now (if I do it!)

Did they say why they wont?

Are we sure they're operating from the UK/UK law governs the contract? Personally, they mention "UK" far too much on their "about" page for me to think they're actually in the UK. No phone number is provided either or registered office address - against e-commerce regulation (although admittedly, I've only looked at a few pages, checking the rest now).

On second thoughts, they must have a UK address if OP has sent an LBA!

bod1467

Have they said they won't refund anything, or just not the delivery charge?

patchesohoulihan

unholyangel wrote: »

Did they say why they wont?

Are we sure they're operating from the UK/UK law governs the contract? Personally, they mention "UK" far too much on their "about" page for me to think they're actually in the UK. No phone number is provided either or registered office address - against e-commerce regulation (although admittedly, I've only looked at a few pages, checking the rest now).

On second thoughts, they must have a UK address if OP has sent an LBA!

They appear to be based in Australia we have discovered since placing our order. I have emailed them a copy of the letter as this is the only way we have of contacting them.

If they are outside the UK is there no way to enforce Distance Selling Regs? They are selling to the UK.

patchesohoulihan

bod1467 wrote: »

Have they said they won't refund anything, or just not the delivery charge?

They have offered to refund the cost of the item but not the delivery charge. The delivery cost was £125 which is 25% of the total amount paid so not insubstantial. Otherwise I might be tempted to just take their offer of the item cost as a refund.

bod1467

A shame you paid via Paypal.

If you'd paid via credit card then you would have had Section 75 protection to fall back on.

patchesohoulihan

Yes, PayPal was the only option at the time.

molerat

Dean Ramler
PO BOX 439
3206 Albert Park, Victoria
Australia

Is the only address on their old UK ebay listings, no uk address anywhere.

patchesohoulihan

Okay, a bit more info. We ordered on the 1st Feb. At the time the "estimated delivery" on their website was less than 30 days from that date. The company revised this estimate on 2nd March, and kept revising it until it was finally dispatched (but never received) on the 17th March.

We've never had an address or phone number for the company, including on the sales invoice. Only the email address.

The more I read, the more I'm sure we have a fairly good case against them. I know from Twitter that others have been successful in getting money back from them. Only two (three!) questions remain:

- How do I go about the court claim if I cannot get a (physical) address for the company? Would it go to the UK establishment details listed on Companies House?

- Does the DSR legislation still apply as they are non-EU?

Any help with this much appreciated. Thanks to those who've contributed so far!

wealdroam

patchesohoulihan wrote: »

Only two questions remain:

- How do I go about the court claim if I cannot get a (physical) address for the company?

- Does the DSR legislation still apply as they are non-EU?

I'll just answer those two questions.

If you have no physical address then you will not be able to submit a court claim.

If the company is outside the EU, the Distance Selling Regulations do not apply.