Lost goods from USA.

Deltadawn_3

American company.
I ordered some tobacco for a friend. The firm quoted 21 working days for delivery.
After a month, I contacted them, to say the order had not arrived.
They said they would compensate me with store credit.
Quote - With this credit you will be able to order any non-alcohol and non-tobacco items we offer. This credit will appear as discount points in your DFD account.

I am not interested in this.

How do I stand regarding a cash refund?
Can I insist on this, even though their terms of use states - Duty Free Depot.com will not be held responsible for lost / stolen and / or seized orders by Customs.

Surely they should have had tracking in place.
And, can I request seeing proof of posting?

Hope you can help.
Thank you.

marliepanda

Not sure what the terms are in the US, but that is what you will be relying on. UK laws will not apply.

tomtontom

I take it your 'friend' was going to declare their imported goods to HMRC?

visidigi

Deltadawn wrote: »

American company.
I ordered some tobacco for a friend. The firm quoted 21 working days for delivery.
After a month, I contacted them, to say the order had not arrived.
They said they would compensate me with store credit.
Quote - With this credit you will be able to order any non-alcohol and non-tobacco items we offer. This credit will appear as discount points in your DFD account.

I am not interested in this.

How do I stand regarding a cash refund?
Can I insist on this, even though their terms of use states - Duty Free Depot.com will not be held responsible for lost / stolen and / or seized orders by Customs.

Surely they should have had tracking in place.
And, can I request seeing proof of posting?

Hope you can help.
Thank you.

They are most likely seized by customs - and you are bound by the US business rules, so check into the BBB (Better Business Bureau) to see what they have as a regulation.

The problem you have when buying tobacco for delivery into the UK is that the duties are astronomical - plus 20% VAT - if they are undeclared or misdeclared customs will seize and destroy.

You can ask for proof of posting, but this wont actually change anything for you (although the EMS express logo at the bottom is an interesting one, given that's the logo used for Chinese Express Post) - looks like these might even have been Chinese fakes...

p.s. domains by proxy are hiding the true domain address too.

browneyedbazzi

So you're trying to illegally import tobacco from abroad and want to know where you stand on getting a refund when it hasn't turned up - probably because it was (rightly) seized at the border?

lol

You don't get a refund or tobacco, you bought a lesson instead.

LilElvis

Of course you can get a refund - from your friend.

He can then use the credits on the account to buy perfume for his Mum/wife/girlfriend. He will, of course, have to pay VAT and import duties on these.

Deltadawn_3

browneyedbazzi wrote: »

So you're trying to illegally import tobacco from abroad and want to know where you stand on getting a refund when it hasn't turned up - probably because it was (rightly) seized at the border?

lol

You don't get a refund or tobacco, you bought a lesson instead.

I take offence at this remark. I am a law abiding honest person.
Some time ago, I made a purchase from the USA. The company added the duty to my bill - an extra £80.

I cannot expect my friend to foot the bill. It was my error, not his.
As you so rightly state, I did indeed buy a lesson.
And I have certainly learned from it.

Thank you all for your replies.

Marliepanda - I see we are neighbours.

browneyedbazzi

I take offence at people trying to illegally import tobacco and evade duty, robbing the public purse of funds and undermining the public health objectives of the duty system.

Do you really expect people to believe that when you ordered from a site called 'dutyfreedepot.com that included Ts & Cs that said they won't be held responsible for goods seized by customs you thought it was legit and that the applicable duty would be paid?

Hintza

browneyedbazzi wrote: »

...... undermining the public health objectives of the duty system.

Are you serious?

FinancialController

You tried to cheat the system and you got caught. Simples!

Hermione_Granger

If goods arrive without a customs declaration or with the goods or value misdescribed, HMRC would normally calculate the VAT and excise duty payable and contact the intended recipient to ask them to pay.
Even if the goods are held and destroyed, a notice of seizure should still be sent out.