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Right to a refund

Hi

I'm wondering if anyone can help me on this. I purchased something mid December (for Christmas) through Rakuten which is an online merchant site. However money was deducted from my credit card by Rakuten and in their terms & conditions it states that the agreement is with Rakuten and that customers should not pay merchants directly. The gift went AWOL and on contacting the seller (as advised by Rakuten) there is no response. The phone number just rings out and then says number no longer available. I've complained to Rakuten who have said they can't do anything about it as they need to wait for a refund from the merchant! However I paid them. I believe according to Consumer Act that my contract is with them as they took my money for goods. However it seems to be an issue a lot of people are having and I can't believe a huge company like them would not know Trading Law. I've notified by credit card - although it's under £100 so they may not do anything. I've made a formal complaint to Rakuten giving them 14 days to reply and notify me of a refund. But there seems to be a lot of people who've been waiting months so what's my next step and do I have any rights at all. They keep telling me I have to wait for the merchant but as I say Rakuten took the money so who's my agreement with? Thanks

Comments

  • molerat
    molerat Posts: 35,701 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Charge back on your credit card, contact your provider.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    glam1975 wrote: »
    Hi

    I'm wondering if anyone can help me on this. I purchased something mid December (for Christmas) through Rakuten which is an online merchant site. However money was deducted from my credit card by Rakuten and in their terms & conditions it states that the agreement is with Rakuten and that customers should not pay merchants directly. The gift went AWOL and on contacting the seller (as advised by Rakuten) there is no response. The phone number just rings out and then says number no longer available. I've complained to Rakuten who have said they can't do anything about it as they need to wait for a refund from the merchant! However I paid them. I believe according to Consumer Act that my contract is with them as they took my money for goods. However it seems to be an issue a lot of people are having and I can't believe a huge company like them would not know Trading Law. I've notified by credit card - although it's under £100 so they may not do anything. I've made a formal complaint to Rakuten giving them 14 days to reply and notify me of a refund. But there seems to be a lot of people who've been waiting months so what's my next step and do I have any rights at all. They keep telling me I have to wait for the merchant but as I say Rakuten took the money so who's my agreement with? Thanks
    Speak to your card issuer about a chargeback - reason = non-delivery of purchased goods.

    You may need to wait until the delivery is 15 days overdue, but have a read of MSE's Chargeback article first.
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    If you have been unable to contact the merchant is it a possibility they have gone into liquidation or declared bankruptcy? If so Ratukens payment guarantee is invalid, if they can't help either do a Chargeback or Sec75...

    What's the name of the seller?
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