Goods not received, bought 38 days ago

ChrisR1

Hi there

Details

• I purchased a pair of shoes for £96.00 (reduced from £120) on-line on 20th January by credit card.
• The store is a large multinational firm and the on-line purchase was actually made in a London West End store (as they did not have the shoes in stock)
  
• I have received email order confirmation and delivery confirmation.
• On 5th February I chased for delivery of my shoes and was advised they would be received in 3 - 5 days.
• I was tracking the delivery, but on 12th Feb the courier site indicated that they were returning the goods back to the store.
• 12th Feb, I wrote to the store who confirmed that the shoes were being returned by the courier
• 17th Feb, I chased the store again and was advised that I would get a refund, once the courier firm had returned the shoes.

 The thing is..................

• the Courier elected to return my shoes back,  I did not ask for the shoes to be returned to the store
• My address and details are correct on my order form.
• I wanted to receive my shoes.
• The courier tracking site originally showed that they were returning the shoes on 12th February.  The courier has since changed this date to 21st February.
  

Latest

 It is not my fault that the courier did not deliver my shoes to me. I have today 28th Feb, request an immediate refund from the store. I don't feel that I should have to wait for the shoes to be received by the store to enable a refund (also, I have no guarantees that the courier will return the parcel to the store). The store have advised "We would like to inform you that due to the payment method you used we have to wait till we receive the order."

Help

Please can anyone let me know my legal consumer rights, is the store's position correct? Please can you let me know what CCA law/rule I should quote to the on-line store to make them refund my dosh.

Hopefully, this all makes sense. Kind regards, C

sourcrates

Distance selling regulations cover online purchases.

The Distance Selling Regulations say that goods must be delivered within the time frame you agree with the seller.

If no time frame is agreed, the seller has 30 days from the day after they receive your order to deliver your goods.

It slightly upsets the apple cart when the courier fails to deliver an item, you will have to wait until the goods are returned to the supplier, if that is there policy.

If the goods go missing, there will be a timeframe for the goods to be deemed as lost, after which a refund or replacement can be sent.

MalMonroe

Why did the shoes go back? Is one big question I'd have asked of the store.

Where are they now? Is another question for the store.

I would phone the store and speak to someone about this. Why weren't your shoes delivered when you had ordered them, paid for them and received a confirmation? The store's responsible for getting the goods to you and (for some weird reason) back to them - they're the ones who should be chasing the courier. 

A similar thing happened to me when I ordered some goods online from a nationwide pharmacy. They acknowledged my order, took my money and never sent my items. I kept phoning and asking where they were. Out of stock, they eventually said and not to worry as they were going to refund me. I waited and waited. No refund came. When I phoned again they said they'd refunded to my credit card. They hadn't. 

I then contacted my credit card company and asked them for help. Within days the whole refund was back on my credit card. It was only £20 (plus postage) but the person I spoke to at the credit card company said it was my money and it should have been refunded already, since no goods had arrived. (And the company had lied about a refund.)

You could do worse than contact your credit card company, explain the whole situation as you have done above and then ask for their help. It worked for me. The credit card company then has to approach the retailer for the money. But that's not your problem. (Is what my credit card adviser said!) 

Good luck.   

born_again

Contact card provider.
Non receipt chargeback.