Problem with Smyths Toys - ordered online

[Deleted User]

We ordered a large item from Smyths toy store online last Thursday.
Approx £350, paid by Credit Card.
Specified next day delivery - Friday.
Received emails from Smyths and DPD saying our order had been sent. Waited in all day on Friday and guess what, no order showed up. :mad:

Got in touch with DPD by phone and they are now saying they don't have our item and they are waiting for it from Smyths, even though we have a tracking number issued by them?
Smyths have said it is now with DPD.
We have been back and forth with both DPD via phone and Smyths via phone and email, and now feel we are being fobbed off!
DPD say they don't have it, end of story. We have tried to cancel with Smyths but they are now saying they are not abe to offer a replacement or cancel the order and refund us until they have heard back from the courier.
We have been waiting a coupld of days now and it seems we are stuck in the middle of a lost parcel dispute between the 2 companies! But this doesn't help us, and we have no item and no refund coming our way anytime soon!
Is there anything else we could do or should be doing to try and get our money back?
I'm so angry right now, I must go and make a cuppa...

cono1717

If I recall correctly it's for Smyths to sort.

Ninja Edit: SoGA reference:

Sale of Goods Act 1979
(as amended by Sale and Supply of Goods to Consumer Regulations 2002)
20(4) In a case where the buyer deals as consumer or, in Scotland, where
there is a consumer contract in which the buyer is a consumer, subsections
(1) to (3) above must be ignored and the goods remain at the seller's risk
until they are delivered to the consumer.

Providing that still applies.

wealdroam

purpleposting4 wrote: »

We ordered a large item from Smyths toy store online last Thursday.
Approx £350, paid by Credit Card.
Specified next day delivery - Friday.
Received emails from Smyths and DPD saying our order had been sent. Waited in all day on Friday and guess what, no order showed up. :mad:

Got in touch with DPD by phone and they are now saying they don't have our item and they are waiting for it from Smyths, even though we have a tracking number issued by them?
Smyths have said it is now with DPD.
We have been back and forth with both DPD via phone and Smyths via phone and email, and now feel we are being fobbed off!
DPD say they don't have it, end of story. We have tried to cancel with Smyths but they are now saying they are not abe to offer a replacement or cancel the order and refund us until they have heard back from the courier.
We have been waiting a coupld of days now and it seems we are stuck in the middle of a lost parcel dispute between the 2 companies! But this doesn't help us, and we have no item and no refund coming our way anytime soon!
Is there anything else we could do or should be doing to try and get our money back?
I'm so angry right now, I must go and make a cuppa...

Of course you can cancel your order.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 allows you to cancel an online order up to (at least) 14 days after delivery.
As the delivery is yet to take place, you are clearly within that time frame.

I would be writing to the seller, email is ok, staing that you are cancalling the order under the above mentioned Act.

They have 14 days from receiving your cancellation notice to refund your money.

unholyangel

I'd also point out to them that you have never taken possession of the goods and by making a refund conditional upon the return of the goods, they may be in breach of unfair terms as it seeks transfer inappropriate risks to the consumer.

Is any info coming up when you input the tracking number on their site? I had something similar last year. DPD picked it up from the retailer but it wasn't scanned in at the depot (or something like that) so although I had a tracking number, it wasn't being recognised on their system.

[Deleted User]

This is what the DPD tracking number says -
"Sorry, your Smyths Toys parcel has not arrived with us; we'll let you know as soon as it does and confirm it's on its way to you"

This is the latest email from Smyths -
"Dear ...

Thanks for your email.
We understand your frustration but unfortunately we are still waiting for a response from our courier.
We have requested them to return the parcel back to our warehouse, however, we will need confirmation that this parcel has returned back in order to offer a replacement or a refund.
We will contact you immediately once we have a response.
Apologies again.
Kind regards,"

I have sent them another email back now stating a mixture of what you guys have stated above and am awaiting a response. I know they can't not cancel, I just can't beleive their response to this so far.
Will keep you posted, feel less angry now and more determined, thank you.

[Deleted User]

Latest email update is more promising -

"Dear ....
Thank you for your patience. As discussed on the phone, we have now issued a refund onto the card of purchase which should be visible in your account between 3-5 working days.
We would like to thank you for your patience and offer our apologies for any disappointment or inconvenience caused.
Should you have any further queries, please do not hesitate to contact us."


Sounds like things are finally on the up! Doesn't say what the problem had been and the email was sent from somebody different, but as long as someone has issued us with a refund then I don't mind. I will be checking to make sure the refund happens though, just in case. It's like someone had sent the email before and thought that was their policy and now someone else knows what they're doing.
Fingers crossed this is the end of it and the refund returns, thanks guys x

unholyangel

purpleposting4 wrote: »

Latest email update is more promising -

"Dear ....
Thank you for your patience. As discussed on the phone, we have now issued a refund onto the card of purchase which should be visible in your account between 3-5 working days.
We would like to thank you for your patience and offer our apologies for any disappointment or inconvenience caused.
Should you have any further queries, please do not hesitate to contact us."


Sounds like things are finally on the up! Doesn't say what the problem had been and the email was sent from somebody different, but as long as someone has issued us with a refund then I don't mind. I will be checking to make sure the refund happens though, just in case. It's like someone had sent the email before and thought that was their policy and now someone else knows what they're doing.
Fingers crossed this is the end of it and the refund returns, thanks guys x

Well hopefully everything will go as they have said, but if it doesn't, come back and let us know.

Good luck and well done