Refused delivery of damaged table 6 weeks ago, buying furniture still hasn't refunded

UKCodeMonkey

I bought a table from Buying Furniture on the 16th March 2018, they sent via UPS for delivery on a day I chose. We were in but the delivery didn't happen. The seller wasn't very polite/helpful with the delivery issue making out it was our fault for not being in - we were and weren't carded by UPS so don't know what went wrong. When the item finally arrived my wife noticed the packaging was damaged and the table was scratched so refused delivery. Unfortunately, and not aware at the time, the sellers terms stated that we should have accepted delivery making note of damage with driver's paperwork. At the time though and given the problems with delivery and then having to be in for a collection the delivery was refused.

I emailed seller which went unanswered so due to the fact I paid via paypal I filed an issue. However due to the seller not providing a tracking reference I couldn't provide this to paypal (I did attach email from seller stating they could see delivery refused) so paypal closed claim (rejected).

Seller still refuse to refund even though they can see item returned. They haven't received item yet (it's been 6 weeks). They do communicate but are refusing to refund until the item is returned for them to check.

Item was only £115, unfortunately no photos of the damage were taken as details were written on the driver's delivery paperwork. I regret using paypal now as using credit card would have given better protection. (Paid using Visa Debit attached to paypal). Considering small claims court but would like to know where I stand with consumer rights in case I can persuade the seller to refund out of court.

Thanks for any advice!

LadyDee

If you have tracked proof that the package has been returned then you can make a claim through Paypal. You might have to ring them first though to check exactly how to do this in the circumstances.