Company ignore my request for a refund

nicolahw

Sorry if its long winded but hopefully someone can help on my next steps.  I have purchased protein powders from My Protein for years, never had an issue till this last bag which smelt different,  texture was different and the taste was horrendous and made me feel sick. I immediately contacted them and advised I believe there is an issue. They asked for the batch code ext to investigate. 2 days later I was told they had checked the batch sample from their file and confirmed the product was as expected and closed the complaint. I of course disputed this as they have not tested the packet I have, which could quite easily have been spoilt during transit. I was then asked to provide a doctors note as I felt sick.... I told them being sick and feeling sick are very different not to the mention the fact we are in a pandemic which they seemed to have not noticed.  I asked for a return address so I can return the product and get a refund as it is inedible.  I have  received no response.  What can I do? I have a full bag minus 2 scoops. I have evidence I have been using this flavour for months and proof that I contacted them the same day the bag arrived.  
Thanks in advance. 

shaun_from_Africa

If you want to use your short term right of rejection (up to 30 days from purchase), the retailer can insist that you prove that there is a problem with the goods so unless you can do this, they do have the legal right to refuse your request.

Are My Protein the manufacturers of the product or just the retailer? If they don't make it themselves and the manufacturer is shown on the packaging, contacting them would be an option.

shaun_from_Africa

Jsacker said:

The whole issue may be that the original item is considered "faulty" or "not of satisfactory quality", in which case would the onus of proof for this (in terms of a replacement) not be on the retailer within the first 6 months?

I just can't reconcile the idea that the onus is on the retailer for the first 6 months in such a scenario, but rejecting within 30 days places the burden of proof on the customer?

If you are rejecting something in the first 30 days using your short term right of rejection and you are requesting a refund then the onus is on you to prove a breach of contract. 
However, if you are rejecting the goods and want a replacement or repair then it is assumed that the goods failed to conform to contract at the time of sale and if the retailer thinks otherwise, it's up to them to prove this.

After the first 30 days and up to 6 months, any fault is deemed to be inherent (there from manufacture) and it's up to the retailer to prove otherwise and after 6 months, the onus reverts back to the consumer to prove an inherent defect.

longwalks1

If you’re a long time customer is it worth mentioning that if you don’t get a response you’ll consider taking your issue to social media? I’d imagine for the cost of them sending you a refund or replacement bag of whey will be much smaller than a disgruntled customer flooding Twitter, Fakebook et all with your story? 

sheramber

Complaints

If you are not satisfied with the way in which we have handled the return, replacement or repair of any item, we apologise. We want to resolve the matter. 

Please contact our customer service representatives on+44 (0) 161 8131487, via your account or by post at Customer Service Department, Myprotein, Meridian House, Gadbrook Way, Gadbrook Park, Rudheath, Northwich, Cheshire, UK, CW9 7RA.