Undelivered goods bought online

Kingmonkey77

Hi all. I was wondering if anyone can give me some advice. 

On 11 November 2022, I ordered some aftershave from a company called Look Incredible for my father for his birthday and paid using clearpay. it cost £45

I called them to chase it and they told me that it had been delivered on 16th November but it hadn't been delivered to my house. I checked the Royal Mail tracking information and the co-ordinates they gave on their website for the address they delivered it to was house number 20 in the street around the corner so I went and asked the lady who lives there and she said nothing had been delivered.

I then called Look Incredible and they said Royal Mail have told them that it was delivered somewhere between houses 1-3 in my street. I live at number 3 and it wasn't there so I called in to numbers 1 and 2 and they didn't;t have it either. I asked Look Incredible to share the information Royal Mail had given them with me but they haven't and suggested I knock on the other doors in the street to try and find it, which I did and it doesn't seem to be anywhere.

Now Look Incredible are replying to every email I send to them about it with a response that either says "Royal Mail have confirmed it's been delivered so there is nothing we can do" or "we are trying to contact Royal Mail about this but they are constantly on strike and not replying to us". They have also said they will need to raise a claim with Royal Mail which will take between 60-90 days.

I've told them that my contract is with them and not with Royal Mail and they need to refund me and then make the claim for themselves. I don't know if that's right or not to be fair. I think they are being deliberately difficult in the hope I'll go away but I was wondering if anyone  has any advice on what I should do or if anyone knows what they are telling me about having to raise the claim with Royal Mail is correct?

Thanks in advance

Manxman_in_exile

Quote s29(2)(a) and (b) to them:  Consumer Rights Act 2015 (legislation.gov.uk)

Goods remain the responsibility of the seller until delivered into the "physical possession" of the consumer.

If the best the seller can tell you is that RM have delivered it "somewhere" between houses 1 to 3 in your street they obviously have no proof they have delivered it into your physical possession.  So the seller owes you £45 plus any delivery costs you paid.

If RM haven't delivered it properly that is between the seller and RM.  It's not your problem...

NB - that is the law.  Nothing in their T&Cs can change that if they try to fob you off.

Olinda99

If you had paid by eg debit card you would have had chargeback rights. Not sure what rights (if any) you have with clearpay.

pinkshoes

As you paid with Clearpay then you need to follow their instructions for non receipt of goods:

https://help.clearpay.co.uk/hc/en-gb/articles/5247021573785-Self-Service-For-non-receipt-of-goods

Some of their T&Cs look dodgy. Report any damaged/faulty items within 24 hours to make a valid claim?! Not a company I'd order from...

user1977

The “company” appears to be a one-man-band:

https://find-and-update.company-information.service.gov.uk/company/11069549/officers

Alderbank

Olinda99 said:

If you had paid by eg debit card you would have had chargeback rights. 

You would, but they would have been no use to you here.
Chargeback rights are not the same as your statutory rights.
A chargeback claim for non-delivery fails if the seller has evidence of delivery anywhere, to anybody.
This comes as a surprise to some claimants.

Kingmonkey77

Thanks for your help everyone. I've looked on Trust Pilot and the reviews of the company are terrible. I've learnt to check that before I order in future. 

eskbanker

user1977 said:

The “company” appears to be a one-man-band:

https://find-and-update.company-information.service.gov.uk/company/11069549/officers

Only one director but the most recent accounts published there declare an average of eight employees so not literally a one-man band, albeit hardly a major conglomerate....

user1977

eskbanker said:

user1977 said:

The “company” appears to be a one-man-band:

https://find-and-update.company-information.service.gov.uk/company/11069549/officers

Only one director but the most recent accounts published there declare an average of eight employees so not literally a one-man band, albeit hardly a major conglomerate....

No, fair enough, but worth considering when choosing a supplier for what I presume was just a generic product available via hundreds of other places.

Ectophile

Alderbank said:

Olinda99 said:

If you had paid by eg debit card you would have had chargeback rights. 

You would, but they would have been no use to you here.
Chargeback rights are not the same as your statutory rights.
A chargeback claim for non-delivery fails if the seller has evidence of delivery anywhere, to anybody.
This comes as a surprise to some claimants.

I have no idea why you say that, as it totally contradicts what both Visa and MasterCard say on their own web sites.

Manxman_in_exile

Ectophile said:

Alderbank said:

Olinda99 said:

If you had paid by eg debit card you would have had chargeback rights. 

You would, but they would have been no use to you here.
Chargeback rights are not the same as your statutory rights.
A chargeback claim for non-delivery fails if the seller has evidence of delivery anywhere, to anybody.
This comes as a surprise to some claimants.

I have no idea why you say that, as it totally contradicts what both Visa and MasterCard say on their own web sites.

I think @Alderbank says that because it is a point* that is made frquently by @born_again (who I think works in a bank) whenever the question of chargebacks and delivery comes up.

*ie that chargeback won't apply if there is proof of delivery, even if it's to the wrong address.  Certainly that is what I've understood born_again to be saying.