Retailer refusing to refund money

wealdroam

Spectralis wrote: »

I will ignore your advice because it's completely wrong!

Advice? I have offered no advice... just opinions.

Spectralis wrote: »

You are welcome to hold an opinion but that is not what I requested! I asked what my consumer rights were in this case. So far that question has not been answered. If no one on a very popular consumer rights forum can help explain what the rights of consumers are when purchases are not delivered then what help is it? That is a very valid and appropriate criticism!

Why do you expect to get anything other than a poster's opinion?

It certainly is a while since you signed up, but in the opening paragraphs of the current forum 'rules' it says:

All info is the opinion of posters – it’s not our view. We have an amazing forum with a huge wealth of helpful info. Yet remember it's open to all, and sometimes messages are posted that are misleading or downright wrong. Most users are helpful but there are always a few bad apples. Don't rely on information being accurate or complete. If you do, it's at your own risk. Please do your own research before acting.

Spectralis

photome wrote: »

In their t and c it states English law applies to your contract

Thanks for your reply. I thought this might be the case. I looked at Jersey & EU consumer rights and the policies of both seem to be very similar to the UK. I'm still not entirely clear where they are based or whether delivery from other parts of Europe has any bearing on my rights here in the UK. It was my understanding that if I buy something here in the UK then the transaction is covered by UK consumer law. In my case, MyMemory have deliberately ignored my repeated request for a refund and have sent out a replacement instead which is why I have now escalated this to a Paypal dispute.

What I would like to know specifically is,

1. How long must I legally wait before I can ask for a refund when an items is not delivered?

2. If I clearly and repeatedly ask for a refund after non-delivery do I have to accept a replacement?

3. If I asked for a refund and the company fails to give me one how do I proceed with a dispute on Paypal?

DCFC79

I believe they are Jersey based, the Facebook page for them, even the UK number is for Jersey.

Could you maybe point us in the direction of where it says they are based in Sweden.

Spectralis

wealdroam wrote: »

Advice? I have offered no advice... just opinions.



Why do you expect to get anything other than a poster's opinion?

It certainly is a while since you signed up, but in the opening paragraphs of the current forum 'rules' it says:

I came to this forum to find the correct advice about my situation. You can post as many opinions as you like but the point I'm making is that it's not helpful when they're not correct. Posting the wrong information, even with the best intentions, helps no one and leads to further confusion.

Anoneemoose

Spectralis wrote: »

I came to this forum to find the correct advice about my situation. You can post as many opinions as you like but the point I'm making is that it's not helpful when they're not correct. Posting the wrong information, even with the best intentions, helps no one and leads to further confusion.

So why bother posting and asking if you know this is a possibility?

foxtrotoscar_2

Spectralis wrote: »

I came to this forum to find the correct advice about my situation. You can post as many opinions as you like but the point I'm making is that it's not helpful when they're not correct. Posting the wrong information, even with the best intentions, helps no one and leads to further confusion.

Do you mean when you posted that they are based in Sweden when in fact they are based in Jersey?


Address from the MyMemory website is:-


MyMemory Ltd.
Unit 5, 4 La Rue Martel
St Saviour
Jersey
Channel Islands
JE2 7QR

LilElvis

Spectralis wrote: »

I came to this forum to find the correct advice about my situation. You can post as many opinions as you like but the point I'm making is that it's not helpful when they're not correct. Posting the wrong information, even with the best intentions, helps no one and leads to further confusion.

You only provided the company name, not the URL for the site.

Some members have found a site, though possibly not the correct one, which would indicate that the company is based in Jersey but governed by UK law. Others have just found that the company operates from Jersey.

You have now stated that the company is based in Sweden - in which case UK consumer laws would not apply, regardless of whether they ship from Sweden, Switzerland or the outer reaches of the galaxy.

Provide accurate information (URL) and you stand a better chance of getting an accurate response - but only if the company is governed by UK consumer laws. Do you really expect anyone to have knowledge of laws operating in Sweden, Switzerland ... Outer Mongolia? Purchasing online from the comfort of your armchair in the Home Counties does not necessarily mean that your transaction is governed by the laws of this country. Neither does .co.uk at the end of a URL mean that they are a UK company.

Perhaps this purchase will be a salutary lesson to check review sites and company terms and conditions before submitting your payment details.

I certainly wouldn't castigate the members who post on this board. I have learned a lot from members such as wealdroam, and definitely more than enough to know that I am unlikely to end up in your current predicament.

LilElvis

Spectralis wrote: »

I came to this forum to find the correct advice about my situation. You can post as many opinions as you like but the point I'm making is that it's not helpful when they're not correct. Posting the wrong information, even with the best intentions, helps no one and leads to further confusion.

Your original post was made 10 July. A member responded on that date to say they believed the company was based in the Channel Islands. Further responses were based on this information - ie that UK consumer laws would not apply. It has taken you 10 days to inform us that, in fact, the company is based in Sweden. What do you really expect? How are any of us supposed to help if you haven't given sufficient information on which to give advice or correct us if we have made a guess as to the seller to which you are referring?

Take some responsibility! Post half a "story" and you get guesses. Accurate information and you get a more informed response.

LilElvis

Spectralis wrote: »

Thanks for your reply. I thought this might be the case. I looked at Jersey & EU consumer rights and the policies of both seem to be very similar to the UK. I'm still not entirely clear where they are based or whether delivery from other parts of Europe has any bearing on my rights here in the UK. It was my understanding that if I buy something here in the UK then the transaction is covered by UK consumer law. In my case, MyMemory have deliberately ignored my repeated request for a refund and have sent out a replacement instead which is why I have now escalated this to a Paypal dispute.

What I would like to know specifically is,

1. How long must I legally wait before I can ask for a refund when an items is not delivered?

2. If I clearly and repeatedly ask for a refund after non-delivery do I have to accept a replacement?

3. If I asked for a refund and the company fails to give me one how do I proceed with a dispute on Paypal?

Give us the URL for the site and someone might be able to give an accurate response instead of just guessing which company and jurisdiction applies.

Spectralis

Apparently they are based in Jersey and also Switzerland from where their products are dispatched.

As a UK consumer requesting help I would like the correct information about my rights regardless of where the company is based. If you don't know fair enough but then why post?

Having followed this up myself, Jersey laws are very similar to the UK because it has signed a European Directive concerning distance selling and amended its own laws.

Goods or services must be delivered or provided within 30 days and the consumer has the right to cancel at any time from the date of the order up to 7 days after receiving the goods and services.

That's all I wanted to know and now that I've found this out myself I can act on it.