Advise please

madandy64

Hi,
I ordered some body building supplements on the 26th Nov (on a 14 day trial) if happy with product i would be charged full price for those products and go on a monthly subscription. What with Xmas i completely forgot about the purchase until they turned up on 22nd Dec. I decided they were not for me but was refused a refund as the 14 day trial had expired.
My issue is:
26th Nov Ordered - 14 day trial begins (should be posted next business day to receive in 1-4 working days)
10th Dec trial ends
15th Dec charged full price for product
19th Dec When product was ACTUALLY posted
22nd Dec product received
website says full refund (minus 15%) within 30 days with 30 day extension in the case of delayed post
They refuse, saying 30 days doesn't count with 14 day trial products
various emails,
Them: "they didn't hear from me so believed i was happy with product/trial"
Me: "they've broken their own TOA by not posting next business day, in fact 8 days after trial ended so how could i be happy. They charged me full price 4 days before they'd even sent the stuff"
Thoughts please
Many thanks in advance
Andy

dj1471

Contact your card issuer for a chargeback and ensure the Continuous Payment Authority (CPA) is also cancelled.

unholyangel

Where are they based?

madandy64

Thanks for reply.
I contacted my cc company and was told as supplier had not given me a specific date of delivery and had delivered within 30 days, there was nothing they could do about refund but did put a block on all future payments.

madandy64

Thanks for reply.
Luton, UK

wesleyad

Just to check, are you saying you didn't receive any products from when you ordered on 26th November until when you received the batch on 22nd December? I'd say they are on shaky ground, as you say you cannot be happy with and therefore accept conditions of a trial when you haven't received product. Realy the 14 days should start from the delivery date.

DoaM

I had a similar situation a few years ago where SWMBO had ordered a trial of some beauty product. Once I realised (and explained to her what she'd actually signed up to) we returned the product (untouched, tracked - to Cyprus even though the goods had drop-shipped in the UK) and then contacted the card company. They were very good, put a block on any future transactions and actually refunded the initial transaction.


As your situation is that the supplier failed to abide by their own T&Cs then the CC company should be providing a refund (and chasing the supplier to recover the amount).

madandy64

@DoaM my thoughts exactly but cc comp say as i didn't have an exact delivery date they only have to delivery within 30 days, as they did so cc comp not interested.

@wesleyad Yes
26th Nov Ordered - 14 day trial begins (should be posted next business day to receive in 1-4 working days)
10th Dec trial ends
15th Dec charged full price for product
19th Dec When product was ACTUALLY posted by supplier (tracked by secure mail)
22nd Dec product received

dj1471

Raise a formal complaint with your card issuer. In the meantime call again and insist they cancel the CPA so the company can't take any more payments.

unholyangel

Do you have a link to the website so we can see what exactly the terms of the trial are?

If they're in the UK then they're supposed to make clear exactly that you will be charged and when. Not only that, I can't think of any reason it would be excluded from the consumer contract (information, cancellation & additional charges) regulations - which would give you a minimum of 14 days to cancel for a full refund (although you may be liable for return postage if made aware of this prior to entering the contract), starting the day after you received the goods.