Missing item from online order

GSte

I recently received an online order from Allsaints, paid for by debit card. One of the shirts I ordered was missing, I contacted them to let them know within 10 mins of the order being received with a video showing what I received in the parcel (but I took the video after opening the parcel, rather than whilst opening it). They have written back saying they won't refund me as they have 'met their terms of service in delivering your parcel'. This is nonsense of course, they haven't completed their contract as they haven't delivered the goods I ordered, despite having charged me for them. I've had several orders from them over the last few years without issue until now.

Does anyone know what my rights are here and how to proceed? My plan was to push back as above really, informing them that they haven't fulfilled the contract and threatening small claims action if they don't refund me for the missing item. Is this the best course of action? Or is there another tack to take?

Many thanks for any help you can give

[Deleted User]

I'd raise a complaint and then go for a simple chargeback if necessary before threatening legal action.

Manxman_in_exile

Have they misunderstood your complaint that the order was incomplete rather than that you had received nothing?

Did the delivery perhaps contain any paperwork indicating that the order was incomplete and that an item was still to follow?

GSte

Manxman_in_exile said:

Have they misunderstood your complaint that the order was incomplete rather than that you had received nothing?

Did the delivery perhaps contain any paperwork indicating that the order was incomplete and that an item was still to follow?

It doesn't seem so - they are clear that an item was missing and there was no indication on the enclosed paperwork.

GSte

Deleted_User said:

I'd raise a complaint and then go for a simple chargeback if necessary before threatening legal action.

Thanks - I've already raised a complaint which they've rejected, though I may try through 'Resolver'.

How do I go about a chargeback? Contact my bank initially?

Manxman_in_exile

GSte said:

Manxman_in_exile said:

Have they misunderstood your complaint that the order was incomplete rather than that you had received nothing?

Did the delivery perhaps contain any paperwork indicating that the order was incomplete and that an item was still to follow?

It doesn't seem so - they are clear that an item was missing and there was no indication on the enclosed paperwork.

Do you mean they acknowledge that a shirt was missing, but they won't accept responsibility for it?

GSte

No - they claim it was in the package.

I meant that I had been clear that it was missing.

[Deleted User]

GSte said:

Deleted_User said:

I'd raise a complaint and then go for a simple chargeback if necessary before threatening legal action.

Thanks - I've already raised a complaint which they've rejected, though I may try through 'Resolver'.

How do I go about a chargeback? Contact my bank initially?

Don't go through Resolver. That's only for people who are too nervous to go direct and want to slow things down via a third party. You've already managed to make direct contact.

Contact your bank for the chargeback.

GSte

Deleted_User said:

GSte said:

Deleted_User said:

I'd raise a complaint and then go for a simple chargeback if necessary before threatening legal action.

Thanks - I've already raised a complaint which they've rejected, though I may try through 'Resolver'.

How do I go about a chargeback? Contact my bank initially?

Don't go through Resolver. That's only for people who are too nervous to go direct and want to slow things down via a third party. You've already managed to make direct contact.

Contact your bank for the chargeback.

Thanks for the advice, will do.

mikb

Prepare for retailer to dig in and fight this, by saying to the bank "order was delivered, here is the tracking ..." and the chargeback to be reversed. Just a heads up, a successful chargeback may not be the end of it!

GSte

mikb said:

Prepare for retailer to dig in and fight this, by saying to the bank "order was delivered, here is the tracking ..." and the chargeback to be reversed. Just a heads up, a successful chargeback may not be the end of it!

It seems ridiculous that companies can take that stance though and presumably they wouldn't win in small claims court. Essentially this would come down to 'our word vs yours' with every person who had this problem and the legal precedent surely could not be to find in favour of retailer? Does anyone know if there's any case law re this? As the victim so far in this situation I don't see what I could have done differently, other than videoing myself opening the parcel, which seems excessive....