refusing refund after item fails to arrive

soolin

Everything depends on whether online tracking shows the item was delivered or not. Many of us have asked this without an answer.

OP , has company supplied you and /or eBay with an online tracking showing item was delivered? Yes or no, the answer to that will allow us to suggest the next step. 

madstar

soolin said:

Everything depends on whether online tracking shows the item was delivered or not. Many of us have asked this without an answer.

OP , has company supplied you and /or eBay with an online tracking showing item was delivered? Yes or no, the answer to that will allow us to suggest the next step. 

There was a tracking number from the delivery company.  So the they have claimed it was delivered.  

The consumer rights Act 2015 Section28(2) the delivery of goods section states

'Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer'

Not to the address but to the consumer...

Thoughts?

GrumpyDil

Have you been through ebay as suggested as that is the easiest option. 

Any attempt to enforce UK consumer rights against a company based in China is going to be very problematic. 

madstar

GrumpyDil said:

Have you been through ebay as suggested as that is the easiest option. 

Any attempt to enforce UK consumer rights against a company based in China is going to be very problematic. 

I want to send a reply to the company for ebay to read before I get them to step in, i haven't yet sent a strong argument for my case.  I am only informing them of the customs and practices here in the UK

soolin

madstar said:

soolin said:

Everything depends on whether online tracking shows the item was delivered or not. Many of us have asked this without an answer.

OP , has company supplied you and /or eBay with an online tracking showing item was delivered? Yes or no, the answer to that will allow us to suggest the next step. 

There was a tracking number from the delivery company.  So the they have claimed it was delivered.  

The consumer rights Act 2015 Section28(2) the delivery of goods section states

'Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer'

Not to the address but to the consumer...

Thoughts?

Please read my question again. Yes there is a tracking number but if you check that out online does it show the item was delivered , yes or no?

Forget what the seller says, does it show online as delivered.

if it shows as delivered you will lose the eBay case, if it doesn’t show as delivered then you will win. 

At the door there is no requirement for ID , apart from some very specialist couriers no one has ever asked me forID so ebay won’t care whether the courier demanded to see an ID card of some sort or not, online proof of delivery means seller will win the case. If you want to enforce any consumer rights that you believe you have you will need to go through the legal process to show that courier should have demanded ID and refused to deliver until proof of identify was accepted. As above, this legal route might be difficult against a non UK seller. 

rollingmoon

soolin said:

if it shows as delivered you will lose the eBay case, if it doesn’t show as delivered then you will win. 

Not true... I have had a similar experience recently - Chinese seller, Evri, photo of parcel on doorstep*, tracking shows delivered - where I raised an INR dispute and won. I uploaded Evri's photo and used this as evidence that the parcel wasn't securely delivered. I would strongly advise the OP to do this, time spent talking to the seller is time wasted.

*it was my doorstep too, at the front of the house which is clearly viewable from the street... presumably how someone was able to casually wander up and pinch it.

RhondaD

madstar said:

GrumpyDil said:

Have you been through ebay as suggested as that is the easiest option. 

Any attempt to enforce UK consumer rights against a company based in China is going to be very problematic. 

I want to send a reply to the company for ebay to read before I get them to step in, i haven't yet sent a strong argument for my case.  I am only informing them of the customs and practices here in the UK

All of which is completely irrelevant. They don't need to be reminded of something that doesn't apply to them. You seem to be convoluting and dragging this out yourself. Stop messing around with the seller and just go to eBay. You could have had this resolved weeks ago. Probably In your favour as well.