Is a chargeback suitable here? Also, what defines 'exhausting all avenues' before requesting one?

orange-juice

I've just read this article on the main site .

I placed an order with a covid test provider, on the 8th, for some tests to be collected. On the 14th, I realised that they were the wrong tests so sent an email asking for the order to be called, in the format described in point 4.2.1 as per their t&c's below. I sent up a follow up yesterday and am currently on hold for the past 30 mins so far this morning. I've not heard from them to this day, except an automated email acknowledging my initial email.

Would you say I am entitled to a full refund, and would a chargeback be suitable here and have I 'exhausted all avenues'?

Is there a particular length of time I'm meant to afford them? I know that you have 120 days to lodge a chargeback.

I'm really hoping that they don't only contact me once 14 days pass since the day that I ordered, where they will then say I'm no longer entitled to a refund, or whatever.

Thank you.

orange-juice

Finally got through to someone after ~70 or so minutes, who said it could take up to 14 days. Guess I'll wait until the 28th before doing a charge back.

born_again

If you ordered the wrong tests, there is no chargeback. They do not cover user change of mind or error.

Chargebacks are over & above your consumer rights & based on card regulations. Which do not mirror consumer regulations.

Looking at what you have posted, as it was your error then I do not think you will get a refund.

orange-juice

born_again said:

If you ordered the wrong tests, there is no chargeback. They do not cover user change of mind or error.

Chargebacks are over & above your consumer rights & based on card regulations. Which do not mirror consumer regulations.

Looking at what you have posted, as it was your error then I do not think you will get a refund.

Ach, that's not what I wanted to hear. Chargeback doesn't apply even if the retailer doesn't refund me when I cancel within the cooling period? This was ordered online (not sure if distance selling regs are in play).

born_again

Only chance for non receipt of refund (chargeback) is if the company confirms in writing that they are refunding - Amount, on (date) to card end 1234 & then do not do it in 15 days (visa) not sure on Mastercard times on this.

sheramber

You quoted 4.2.1 instead of 4.1.1

Manxman_in_exile

sheramber said:

You quoted 4.2.1 instead of 4.1.1

Yes - that's right - but I think the OP is confused because of the wording of 4.1.1, which I think may be "unlawful"?

4.1.1 says the buyer can cancel " ... within 14 days of the date of order ...", but isn't that wrong?  Shouldn't it be 14 days after receipt of the goods?

The OP is worried because he hasn't heard back from the seller and he's running close to the "14 days of the date of the order" and is worried that he can't cancel.

My understanding is that he can cancel up to 14 days after receipt - so long as he doesn't open what I presume are hygienically sealed goods.  So he's not close to running out of time yet...

orange-juice

Thank you all, this has been informative.

bris

This will be classed as a service rather than goods, so the service will start when the kit is sent. If it's already been sent then that would be seen as the service started.

So I suppose it all depends on whether anything has been done at this point or not.

orange-juice

Thought I'd provide an update.

Still hadn't heard from them so submitted a chargeback via my card provider on the 28th of Jan. Used the template letter provided on the chargeback article page with some additional snippets of my emails and some screenshots of the company's terms.

Noticed the refund has been credited in my account today. Fingers crossed it won't be reversed.

Jenni_D

The other side has 45 days to dispute the chargeback (so I believe). That said, even if they don't dispute it they could still raise a court claim for the value.