Refund/replacement when Royal Mail parcel did not arrive

pinkcloud

My order sent by Royal Mail did not arrive and the supplier is saying that I must wait until they receive their claim funds from Royal Mail before they will refund/replace my item. Royal Mail may take ages and the supplier says if Royal Mail refuses their claim I will get nothing.

I have read that this is completely wrong, that the supplier’s contract is with me and he has to replace/refund me if I do not get my order and that the contract with Royal Mail is his and nothing to do with me.

What is correct please and how long do I have to wait before I can I ask for a refund/replacement? The postman has been updating me daily that they have no knowledge of the item and I have been notifying the seller. At the moment it is about a week overdue.

Thanks

pinkcloud

unholyangel

Was it a private individual or a business you purchased from?

bris

Makes no difference whether it was business or personal, OP is due a refund whether they get compensated or not.

zaax

Tell them you want your money back or the product with-in 7 days, or you will get it back. Did you pay by card?

browneyedbazzi

bris wrote: »

Makes no difference whether it was business or personal, OP is due a refund whether they get compensated or not.

It does make a difference to the time scale for the refund to be processed. If this was a business to consumer contract then the OP can cancel and the business must refund within 14 days as per the Consumer Contracts Regs - the same rule does not apply to private sales.

Gavin83

How did you pay for the item?

You are right though, it's the sellers responsibility to get the item to you. Their contract and compensation payment from Royal Mail is irrelevant to you.

What was the value of the item?

bris

browneyedbazzi wrote: »

It does make a difference to the time scale for the refund to be processed. If this was a business to consumer contract then the OP can cancel and the business must refund within 14 days as per the Consumer Contracts Regs - the same rule does not apply to private sales.

It makes no difference what so ever, the item is lost the OP is due a refund. Or are you trying to say because it may be private they can just get away with it?

shaun_from_Africa

bris wrote: »

It makes no difference what so ever, the item is lost the OP is due a refund. Or are you trying to say because it may be private they can just get away with it?

It does make a difference.
browneyedbazzi was totally correct in their post when they stated that the difference between a business seller and a private seller is the timescale allowed for the refund to be given, and they made no mention of the seller having any right to "get away with it"

browneyedbazzi

bris wrote: »

It makes no difference what so ever, the item is lost the OP is due a refund. Or are you trying to say because it may be private they can just get away with it?

Did you read my post? Are you being deliberately obtuse? My post clearly says that if it is a business to consumer contract then there is a set time scale for a refund. Nowhere did I say that if it is a private sale a refund is not due, they just will not need to comply with the CCR requirement to refund within 14 days. The OP specifically asked about time scales for a refund so this is an important distinction.

unholyangel

Its likely to be a business given they mention replacement item but I just like double checking since OP also referred specifically to one individual throughout their post and the refusal to give a refund until royal mail pay out. It strikes me as a ebay purchase rather than a retailer purchase (although it could be the latter thats why I asked instead of assuming one way or the other).

I was asking for the reason mentioned and also because if (for example) it was purchased via a forum and paid by bank transfer - the OP is very unlikely to get their money back.

Or if they paid via paypal and seller is going to fob them off until the time limit for claims expires.

So imo it is relevant and does make a difference to the advice OP would likely receive.

pinkcloud

I am sorry everybody I did not get the email notice of any replies I asked for so thought there weren't any.

This was a purchase on line from a business. I always pay by PayPal but on this occasion they did not take PayPal. It was for £25 and I have not approached my credit card company as I have read that they do not get involved under £100.

When is the 14 days calculated from? Is it the order date or when it could reasonably be expected to arrive? It was sent 1st class but not a signed for service.

Since this has happened it has emerged that this company’s people are awkward and rude so I do not expect them to provide a refund. I have never thought there was any value in being awkward and rude so I have not responded in the same manner.

Thanks everyone for help.