Yumi and Hermes issue

lb364

I've messed up with an order I placed all the way back in May, I returned the order but forgot to check if I had received the refund (it was my hen do and then my wedding/honeymoon so kind of a busy time).

Fast forward to my return from honeymoon and I realised I hadn't been refunded so I opened a PayPal dispute but Yumi didn't respond.

I then emailed them at the start of August and they asked for my proof of postage so I dug that out and sent it to them. They then told me they returned the item to me because it was out of the returns period (but they didn't tell me that before sending the proof, which seemed odd) so I asked when this happened and they claimed I signed for it on...my wedding day! Over three weeks from when I returned it to them.

I explained why this could not be the case as my house was empty and they have sent me a scribble/line to 'prove' the item was signed for!

But where do I stand now? Do I just have to accept they took £55 for nothing or can I still question it further? I realise I was in the wrong for being too busy to notice the lack of refund sooner and feel pretty stupid for that but I am also shocked they don't seem to care Hermes haven't delivered the item they claim to have returned.

cono1717

There's two things here, firstly if you waited a particularly long amount of time to send them back then it can be seen as you accepting the goods.

You would need to open a claim with hermes and ask them to confirm who signed for the package or cough up for the value of a replacement.

DoaM

OP has no contract whatsoever with Hermes, so there's no point in OP trying to deal with them.

OP - what have Paypal said? If Yumi didn't respond then Paypal would normally find in your favour and refund you (especially if you had proof of return).

KeithP

cono1717 wrote: »

There's two things here, firstly if you waited a particularly long amount of time to send them back then it can be seen as you accepting the goods.

There is no concept of accepting the goods after a period of time in the Consumer Rights Act.

It was in the Sale of Goods Act, but that is no longer applicable for consumer purchases.