Mifo / Hubbo returned package and no refund

Alderbank

the_lunatic_is_in_my_head said:

Ergates said:

the_lunatic_is_in_my_head said:

Ergates said:

Firstly, and most importantly:   OP - you seem to have registered using your real name and possibly even date of birth- plus you give your daughters actual name.  If this is the case (and those aren't just aliases) you need to change that ASAP!

Mifo seems to be primarily a seller of "high end audio" equipment - but they do also seem to sell sports massagers, because obviously those 2 things go together...

You *should* have been sent information, including about returns, when you placed your order.  This is often included in the offer confirmation email, but may also be a paper copy included with the item.

If you did not receive, or could not find, this information, it is also available on the Mifo website: 

Shipping Policies, Refunds and Returns - Qualifications, Restrictions, – Mifo UK - The World's Most Advanced Wireless Earbuds for Active Movers - O5, O7

That should have been your first port of call it states: "Simply contact us with your order number and a description of the problem. You'll need to return item(s) to our UK-based returns center before we issue a full refund. Our returns team will provide you with detailed instructions upon approval of the return request."

I'm assuming you didn't do that?

You sent the parcel back to Hubbo - was it a specific returns address?  Or just some other address?   If it wasn't a returns address then when it turned up they probably wouldn't have known what to do with it - especially as we don't know if Hubbo even handle returns for Mifo *at all*.  So, it's quite possibly just floating around the Hubbo offices/warehouse somewhere.

So, in short:   You didn't follow the correct returns procedure, the address you sent the parcel to was probably the wrong address, and you've also lost the only proof you had that you actually sent it.  I don't see that there is any responsibility on Mifo at this point - your only hope is that Hubbo can find your parcel and can forward it on to Mifo (or return it to you).

Regrading the address the consumer may return goods as per the below so if the trader hasn't specified an address for return the goods may be sent back to the contact address or any address they can find. 

The address OP mentions appears to be the return address on the parcel, as the address on the actual site is incomplete to return to the sender address is fair enough in my view. Although OP should have informed the trader of their intention to cancel there isn't any obligation to wait for a response before returning the goods so the trader shouldn't rely on providing that information after the consumer contacts them to cancel. 

OP can still contact the trader and notify them of their intention to cancel as they would still be in the (extended) cancellation period. 

Of course if the seller is actually in China OP isn't realistically going to be able to enforce their rights. 

www.legislation.gov.uk/uksi/2013/3134/regulation/32/made

Return of goods in the event of cancellation

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

IF the trader didn't provide the return address - it sounds like the required information wasn't included in the with the goods, but it isn't clear whether or not they were emailed.  It's also not clear if the Hubbo address used was a return address, or just some other random address for the company.

Also - as Hubbo is a 3rd party, and not the trader, would the Hubbo address count as a "place of business of the trader".  It'd be like if DPD delivered a parcel, and to return it you just mailed it to a DPD office somewhere.

I would think in the absence of anything else the sender address would be suitable. DPD might deliver but they don't put their address on the labels. 

Huboo are a B2B eCommerce Order Fulfilment company. They say 'We take your stock, store it, pick, pack and deliver it for you automatically.'
They have several warehouses around Bristol. Their website says their registered office is 3 Princes Street, Bath, BA1 1HL but Companies House says it is 41 Corn Street, Bristol, BS1 1HT.

I would be wary of posting anything to one of their addresses in the hope that it might find its way back to the seller. At very least I would contact them first to get a definite returns address and RM number.

Alderbank

Manxman_in_exile said:

shopendive.com doesn't look like a very reliable retailer to me...

Mifo say it is one of their authorized dealers, though not for UK. OP, which country did your daughter order from?

Malwarebytes will not let me go to shopendive.com so I can't see their website but they have dreadful reviews.

92759302

Thank you - I agree with the comments and when I looked at the review of Shopendive I was appalled!  I will try to contact Huboo again - I do have a customer ref number for them, which was on the package when it arrived and said to return to them using the CRN and the supplier number, which I did and that's how I found out it was MIFO.

I think the moral of the story is to teach my daughter to be less impetuous and think before she buys.  Its a hard lesson to learn!

I just wondered if legally I had any case as they provided us with absolutely no information whatsoever but I suspect its difficult to prove?

the_lunatic_is_in_my_head

Alderbank said:

the_lunatic_is_in_my_head said:

Ergates said:

the_lunatic_is_in_my_head said:

Ergates said:

Firstly, and most importantly:   OP - you seem to have registered using your real name and possibly even date of birth- plus you give your daughters actual name.  If this is the case (and those aren't just aliases) you need to change that ASAP!

Mifo seems to be primarily a seller of "high end audio" equipment - but they do also seem to sell sports massagers, because obviously those 2 things go together...

You *should* have been sent information, including about returns, when you placed your order.  This is often included in the offer confirmation email, but may also be a paper copy included with the item.

If you did not receive, or could not find, this information, it is also available on the Mifo website: 

Shipping Policies, Refunds and Returns - Qualifications, Restrictions, – Mifo UK - The World's Most Advanced Wireless Earbuds for Active Movers - O5, O7

That should have been your first port of call it states: "Simply contact us with your order number and a description of the problem. You'll need to return item(s) to our UK-based returns center before we issue a full refund. Our returns team will provide you with detailed instructions upon approval of the return request."

I'm assuming you didn't do that?

You sent the parcel back to Hubbo - was it a specific returns address?  Or just some other address?   If it wasn't a returns address then when it turned up they probably wouldn't have known what to do with it - especially as we don't know if Hubbo even handle returns for Mifo *at all*.  So, it's quite possibly just floating around the Hubbo offices/warehouse somewhere.

So, in short:   You didn't follow the correct returns procedure, the address you sent the parcel to was probably the wrong address, and you've also lost the only proof you had that you actually sent it.  I don't see that there is any responsibility on Mifo at this point - your only hope is that Hubbo can find your parcel and can forward it on to Mifo (or return it to you).

Regrading the address the consumer may return goods as per the below so if the trader hasn't specified an address for return the goods may be sent back to the contact address or any address they can find. 

The address OP mentions appears to be the return address on the parcel, as the address on the actual site is incomplete to return to the sender address is fair enough in my view. Although OP should have informed the trader of their intention to cancel there isn't any obligation to wait for a response before returning the goods so the trader shouldn't rely on providing that information after the consumer contacts them to cancel. 

OP can still contact the trader and notify them of their intention to cancel as they would still be in the (extended) cancellation period. 

Of course if the seller is actually in China OP isn't realistically going to be able to enforce their rights. 

www.legislation.gov.uk/uksi/2013/3134/regulation/32/made

Return of goods in the event of cancellation

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

IF the trader didn't provide the return address - it sounds like the required information wasn't included in the with the goods, but it isn't clear whether or not they were emailed.  It's also not clear if the Hubbo address used was a return address, or just some other random address for the company.

Also - as Hubbo is a 3rd party, and not the trader, would the Hubbo address count as a "place of business of the trader".  It'd be like if DPD delivered a parcel, and to return it you just mailed it to a DPD office somewhere.

I would think in the absence of anything else the sender address would be suitable. DPD might deliver but they don't put their address on the labels. 

Huboo are a B2B eCommerce Order Fulfilment company. They say 'We take your stock, store it, pick, pack and deliver it for you automatically.'
They have several warehouses around Bristol. Their website says their registered office is 3 Princes Street, Bath, BA1 1HL but Companies House says it is 41 Corn Street, Bristol, BS1 1HT.

I would be wary of posting anything to one of their addresses in the hope that it might find its way back to the seller. At very least I would contact them first to get a definite returns address and RM number.

Sorry I should have said, I wouldn't recommend simply doing this just that, if consumer rights apply and are enforceable, I don't think the trader is going to be in a good position to defend as the consumer isn't to know the sender isn't the the trader if that is the only piece of address information they have to go on.

Indeed without the trader providing their geographical address via durable means the consumer isn't bound by the contract. 

Although it's unknown, given the website (as mentioned assuming this from the Mifo UK site) lists an incomplete address, it's doubtful they are up on their requirements to provide the correct information.

Of course the best thing to do is not buy from any website that clearly displays an address that isn't correct.