Refused package, taking too long to return, refund?

Araquel

Hi all, need some advice regarding some shoes that I bought at the beginning of Jan.

I bought some shoes on-line from Spain which were £120. I got an e-mail to say that the shoes had been sent out and they should have been with me by the end of the week. I was tracking via UPS and found that they had been stuck in Madrid for 4 days. This coincided with that snow they had so I called the company where I got the shows from and asked if I could cancel the item which I knew I was well within my rights to due to the 14n days cooling off period. I was told that they wouldn’t be able to cancel the item and just to refuse delivery once they show up. They chased UPS who had used every excuse going as to why these shoes were not going anywhere. In the meantime I had called again to see what what was happening as I just wanted these shoes so they can go back and I could get my refund.
Long story short, they showed up three weeks later and I told the delivery driver that I was refusing them as advised by the sender and they were to go back to sender. I didn’t take the package at all.
This was the end of Jan. I have been tracking them back and on the tracking was an exception of needing some export document. I e-mailed the company about this and they got in touch with their rep. The rep at UPS had said that I had left some document in a shop and I need to go there and get it and send it back. As their tracking shows it was a straight refusal, I hadn’t been to any ‘shop’ to take it back. It should be a straight return and not delivered item. I have heard no more from the company but the shoes after being stuck in Le Hope since the 28th Jan, have just gone to a warehouse in Coventry. The whole saga is a complete nightmare and has put me off EVER getting anything from anyone using UPS again.
What I wanted to know is, I have issued a section 75 with my credit card, the company can see it was a straight refusal with this and can track and see it is on its way back to them. What are my rights if any regarding this?

TIA
Gem

Sandtree

Are you sure you were covered by UK legislation given you bought the item from Spain? Spanish law doesnt necessarily give you the same duration or rights at all.

If the pair of shoes themselves were over £100 (its not clear if it was just one pair or more and if the £120 inc P&P or if it was free P&P), your the account holder etc then you can attempt a S75 but in all probability the bank will try a chargeback first as that doesnt come out of their pocket.

gettingtheresometime

In fairness I don't think I'd blame UPS - I think you have to look more at Brexit if you want to blame it on anything

mattyprice4004

Brexit and COVID delays have ground UPS to a halt at the moment - if you changed your mind it's not fair to expect a refund before they got the items back. 
Buying from the UK is not the same as abroad - you can't expect a seller to cancel an order free of charge because of a postage delay, at the very least you'll need to pay the cost of the UPS postage to the seller. 

sheramber

Since Brexit there is different documentation required to send items to the EU and customs charges now due.
There were big delays at the ports due to this. Plus the problems of the shut down due to covid. 
hence, probably why the  item has gone to a warehouse in Coventry while they try to sort out the mess.
Several companies have stopped supplying to EU and vice versa  because of this.

Araquel

Sandtree said:

Are you sure you were covered by UK legislation given you bought the item from Spain? Spanish law doesnt necessarily give you the same duration or rights at all.

If the pair of shoes themselves were over £100 (its not clear if it was just one pair or more and if the £120 inc P&P or if it was free P&P), your the account holder etc then you can attempt a S75 but in all probability the bank will try a chargeback first as that doesnt come out of their pocket.

One pair of shoes and yes it included P&P which was twenty pound.
Didn't think they could do a charge back as it is a credit card? Have put in for a section 75 anyway so we will see. If the company had taken on bord my inital request to cancel and gewt in touch with their UPS rep to recall the parcel or even do it via their account with UPS (and I know you can do this) I wouldnt be in this predicament

Araquel

mattyprice4004 said:

Brexit and COVID delays have ground UPS to a halt at the moment - if you changed your mind it's not fair to expect a refund before they got the items back. 
Buying from the UK is not the same as abroad - you can't expect a seller to cancel an order free of charge because of a postage delay, at the very least you'll need to pay the cost of the UPS postage to the seller. 

Strange how most other frieghts are moving more smoothly than UPS in this Brexit and Covid rubbish. One look at Trust Pilot and Twitter will tell you so many people are not impressed with their rubbish service. Fist time using UPS, never again A total joke

Araquel

sheramber said:

Since Brexit there is different documentation required to send items to the EU and customs charges now due.
There were big delays at the ports due to this. Plus the problems of the shut down due to covid. 
hence, probably why the  item has gone to a warehouse in Coventry while they try to sort out the mess.
Several companies have stopped supplying to EU and vice versa  because of this.

The parcel was refused, it never left the drivers van. It should be a straight return to sender which most companys can deal with but obvious not UPS. I get the export changes and had I sent it back on a return after say a sizing issue, I would have to fill out the forms etc. With a refusal you shouldnt have to, unless Spain is completly different to France where I had to refuse a parcel due to a duplicate being sent.I neber had to fill any forms as it was like a non delivery. What do they do then if someone doesnt take the parcel after 3 attempts? The delivery isnt made so goes back to the orginal sender.

George_Michael

Araquel said:

One pair of shoes and yes it included P&P which was twenty pound.
Didn't think they could do a charge back as it is a credit card? Have put in for a section 75 anyway so we will see. 

The exact figures will be very important here.
If the shoes were £100 with £20 postage then a S75 claim might work but if the shoes were £99.99 with £20 postage the  it's too low for a claim.

sheramber

Araquel said:

sheramber said:

Since Brexit there is different documentation required to send items to the EU and customs charges now due.
There were big delays at the ports due to this. Plus the problems of the shut down due to covid. 
hence, probably why the  item has gone to a warehouse in Coventry while they try to sort out the mess.
Several companies have stopped supplying to EU and vice versa  because of this.

The parcel was refused, it never left the drivers van. It should be a straight return to sender which most companys can deal with but obvious not UPS. I get the export changes and had I sent it back on a return after say a sizing issue, I would have to fill out the forms etc. With a refusal you shouldnt have to, unless Spain is completly different to France where I had to refuse a parcel due to a duplicate being sent.I neber had to fill any forms as it was like a non delivery. What do they do then if someone doesnt take the parcel after 3 attempts? The delivery isnt made so goes back to the orginal sender.

 on the tracking was an exception of needing some export document
.Customs will not allow the export without the required documentation.
UPS/ the  seller will have to sort it out.
Until then then the parcel won't be going anywhere.
Hence the long queues and days of delay at Dover  due to consignments not having the new documentation.

Brexit has changed the rules for sending items to the EU and now a customs declaration is required to send items to the EU.
It is hardly UPS fault if customs stop the export.
the parcel probably came into the country  without needing the new documentation.  But the rules changed before  going back and unfortunately the   documentation required now is not there.

You need to chase the seller who is probably as much in the dark as everybody else.