Undelivered Goods from an online order

usernamesareelusive

I’m just wondering where I stand with regards to an order that I failed to receive.

• What did you buy?

  Candles.

• When did you buy it?

  Ordered 10th April 2022.

  E-mail saying order had shipped 20th May 2022.

• Where from? (internet or in store - it DOES make a difference)

  Internet.

• How did you pay? (cash/cheque/debit card/credit card etc)

  PayPal (debit card).

• What went wrong?

  There were two options for delivery, one was ‘standard’ and the other was ‘tracked’. I chose standard.

  The goods did not arrive.

• What are the vendors telling you?

  Nothing directly. I have tried contacting them 3 times by either contact form or e-mail and have not got a response. In the last one I have also asked for proof of postage.

  On the site they state that ‘standard’ is the cheapest option and does not include any tracking information and that once the package has been shipped, it is out of their hands and they will not be taking any responsibility for lost parcels (they do however mention that they always obtain proof of postage and will always try to find any lost or delayed parcels (including standard))

• What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)

  Replacement or Refund.

I'm guessing that if they cannot produce proof of postage then they would have breached their contract with me and I would be entitled to a replacement or refund? If they do produce proof of postage, where do I stand then?

Thanks for any help you can provide.

p00hsticks

A nice, clear summary of your issue (I wish some others on here were the same), but I think you need to be a bit more specific about where on the internet you bought the product - in particular, in which country the comany operating the site from which you bought the candles is based, as this will determine the consumer laws that your purchase falls under

pinkshoes

Have you tried opening a dispute with PayPal for goods that have not arrived? If not, then do that. The vendor (UK? Can you say who you bought from?) will then be made to refund if they cannot prove delivery. 

born_again

PayPal dispute for no goods received. 

Ergates

usernamesareelusive said:

• On the site they state that ‘standard’ is the cheapest option and does not include any tracking information and that once the package has been shipped, it is out of their hands and they will not be taking any responsibility for lost parcels (they do however mention that they always obtain proof of postage and will always try to find any lost or 

*IF* this is a UK company (so covered by UK consumer laws) they cannot absolve themselves of this responsibility.

The goods are their responsibility until they are in your hands (or the hands of someone you nominate in your place).

usernamesareelusive

p00hsticks said:

A nice, clear summary of your issue (I wish some others on here were the same), but I think you need to be a bit more specific about where on the internet you bought the product - in particular, in which country the comany operating the site from which you bought the candles is based, as this will determine the consumer laws that your purchase falls under

Thanks, I just used the template provided, it made it clear and straight forward.

With regards to the company, it is a UK company, based in Northern Ireland.

usernamesareelusive

pinkshoes said:

Have you tried opening a dispute with PayPal for goods that have not arrived? If not, then do that. The vendor (UK? Can you say who you bought from?) will then be made to refund if they cannot prove delivery. 

Thanks, that's an option that I hadn't considered.

usernamesareelusive

Ergates said:

usernamesareelusive said:

• On the site they state that ‘standard’ is the cheapest option and does not include any tracking information and that once the package has been shipped, it is out of their hands and they will not be taking any responsibility for lost parcels (they do however mention that they always obtain proof of postage and will always try to find any lost or 

*IF* this is a UK company (so covered by UK consumer laws) they cannot absolve themselves of this responsibility.

The goods are their responsibility until they are in your hands (or the hands of someone you nominate in your place).

It is a UK company (Northern Ireland). That was my understanding, I just wasn't sure, if they provided proof of posting, whether that was enough for them to meet their obligations.

Manxman_in_exile

usernamesareelusive said:

Ergates said:

usernamesareelusive said:

• On the site they state that ‘standard’ is the cheapest option and does not include any tracking information and that once the package has been shipped, it is out of their hands and they will not be taking any responsibility for lost parcels (they do however mention that they always obtain proof of postage and will always try to find any lost or 

*IF* this is a UK company (so covered by UK consumer laws) they cannot absolve themselves of this responsibility.

The goods are their responsibility until they are in your hands (or the hands of someone you nominate in your place).

It is a UK company (Northern Ireland). That was my understanding, I just wasn't sure, if they provided proof of posting, whether that was enough for them to meet their obligations.

This is the law:  Consumer Rights Act 2015 (legislation.gov.uk)

Quote s29(2)(a) to them.  Explain to them that it means that they are responsible for the goods until they are delivered into your physical possession.

Nothing they say in their T&Cs can get them out of this legal requirement.  It is the law.