Online retailer won't refund me

the_lunatic_is_in_my_head

born_again said:

Well if they sent on the 10/4, that would make 14 days at that point the 24/04...

It's14 days from delivery according to the regs.

OP I would email them back with the following

https://www.legislation.gov.uk/uksi/2013/3134/regulation/30

(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

Pointing out that under the normal period you had until the end of play on the 31st to cancel your contract and a refund in due back to the original payment method.

How much have they given you in credit notes?

Manxman_in_exile said:

Bearing in mind that their returns policy says that in the case of faulty or incorrect goods the consumer must notify Axparis within 24 hours from delivery, I'd hazard a guess that they have not complied with the regs...

I'm sure this company cropped up on here before, I'd agree with your guess  

DullGreyGuy

the_lunatic_is_in_my_head said:
Pointing out that under the normal period you had until the end of play on the 31st to cancel your contract and a refund in due back to the original payment method.

You may want to check how many days there are in April before you say you had until the 31st to cancel.

the_lunatic_is_in_my_head

DullGreyGuy said:

the_lunatic_is_in_my_head said:
Pointing out that under the normal period you had until the end of play on the 31st to cancel your contract and a refund in due back to the original payment method.

You may want to check how many days there are in April before you say you had until the 31st to cancel.

Thanks, time blurs in to one in sleepy North Wales  

1st of May it is. 

kinkers

Yeah we're having problems with Royal Mail in our area... short staffed, vehicle breakdowns, limited ferry space for post coming over (I live on an island) so lots of our post is getting very delayed. I opened the package when it arrived, tried things on over the next couple of days then left for the wedding and a family get together. In hindsight I would have returned it before leaving but I didn't really think it through, was just very busy 🤷‍♀️

They have refunded me £24.99 and given me a gift card for £239.96. The only way to contact them seems to be via email. I can only think that when the customer service agent put a note on my order they've done it under 1 item?

What's my next step then? I have provided them with all the evidence and they don't seem to want to budge. I'd really like my money back as probably not going to shop with them again! But also, if I'm fighting a losing battle I'll just accept it now.

noitsnotme

What Royal Mail service was used?  Can the OP prove it was delivered on the 17th?  If not, delivery of RM 1st class is deemed to take place on the second working day after the item is posted, which in this case would make it the 12th.  I’m not sure what the deemed timescale is for 2nd class, 3 days? 4 days?

Assuming it was a parcel format there may have been a 2D delivery confirmation code.  If the OP has that it should prove the day of delivery.  Without it, how can they prove it was delivered on the 17th?

https://uk.practicallaw.thomsonreuters.com/w-029-3284?transitionType=Default&contextData=(sc.Default)&firstPage=true

kinkers

Thank you Lunatic, I have email them what you've said and asked them to pass it on to a senior management member.

the_lunatic_is_in_my_head

noitsnotme said:

What Royal Mail service was used?  Can the OP prove it was delivered on the 17th?  If not, delivery of RM 1st class is deemed to take place on the second working day after the item is posted, which in this case would make it the 12th.  I’m not sure what the deemed timescale is for 2nd class, 3 days? 4 days?

Assuming it was a parcel format there may have been a 2D delivery confirmation code.  If the OP has that it should prove the day of delivery.  Without it, how can they price it was delivered on the 17th?

https://uk.practicallaw.thomsonreuters.com/w-029-3284?transitionType=Default&contextData=(sc.Default)&firstPage=true

Probably RM Tracked, not many companies use standard mail for £265 orders but even standard mail should have delivery confirmation (not sure about letters but parcels certainly should as a company this size will have 2D barcodes on their labels)  

Also worth noting the date the courier delivered isn't necessarily the starting date, without diverting the thread into a debate, we go back to the old physical possession element. 

kinkers said:

Thank you Lunatic, I have email them what you've said and asked them to pass it on to a senior management member.

No trouble OP, let us know what they say if you can.

Beyond pestering them you have the option to send a letter before action (there are templates on Google or firms that will send one for a small fee).

After that it's a case of small claims, £240 is a fair amount and I don't see how you can lose if the tracking shows delivered on the 17th but it's a question of investing time and headache vs the reward. 

Fingers crossed they fold  

sheramber

Was it shipped 'tracked'?

If so, does tracking show delivery date?

noitsnotme

the_lunatic_is_in_my_head said:

noitsnotme said:

What Royal Mail service was used?  Can the OP prove it was delivered on the 17th?  If not, delivery of RM 1st class is deemed to take place on the second working day after the item is posted, which in this case would make it the 12th.  I’m not sure what the deemed timescale is for 2nd class, 3 days? 4 days?

Assuming it was a parcel format there may have been a 2D delivery confirmation code.  If the OP has that it should prove the day of delivery.  Without it, how can they price it was delivered on the 17th?

https://uk.practicallaw.thomsonreuters.com/w-029-3284?transitionType=Default&contextData=(sc.Default)&firstPage=true

Probably RM Tracked, not many companies use standard mail for £265 orders but even standard mail should have delivery confirmation (not sure about letters but parcels certainly should as a company this size will have 2D barcodes on their labels)  

Also worth noting the date the courier delivered isn't necessarily the starting date, without diverting the thread into a debate, we go back to the old physical possession element. 

kinkers said:

Thank you Lunatic, I have email them what you've said and asked them to pass it on to a senior management member.

No trouble OP, let us know what they say if you can.

Beyond pestering them you have the option to send a letter before action (there are templates on Google or firms that will send one for a small fee).

After that it's a case of small claims, £240 is a fair amount and I don't see how you can lose if the tracking shows delivered on the 17th but it's a question of investing time and headache vs the reward. 

Fingers crossed they fold  

That’s not a given.  Not all businesses qualify for RM Tracked on account due to the minimum sending requirements.  I currently use it but will lose it at the end of the 12 month period as we have not sent enough.  We’ll go back to using normal service for packages to the value of the same amount as the OPs.  I know plenty of small business owners who do the same.

Yes I did mention the 2D codes but does the OP have that as proof?

All moot of course if the OP can provide tracking evidence.

*edit* ha, ignore me, they’re not so small, accounts show they’re a multi million pound company 😄 

the_lunatic_is_in_my_head

noitsnotme said:

the_lunatic_is_in_my_head said:

noitsnotme said:

What Royal Mail service was used?  Can the OP prove it was delivered on the 17th?  If not, delivery of RM 1st class is deemed to take place on the second working day after the item is posted, which in this case would make it the 12th.  I’m not sure what the deemed timescale is for 2nd class, 3 days? 4 days?

Assuming it was a parcel format there may have been a 2D delivery confirmation code.  If the OP has that it should prove the day of delivery.  Without it, how can they price it was delivered on the 17th?

https://uk.practicallaw.thomsonreuters.com/w-029-3284?transitionType=Default&contextData=(sc.Default)&firstPage=true

Probably RM Tracked, not many companies use standard mail for £265 orders but even standard mail should have delivery confirmation (not sure about letters but parcels certainly should as a company this size will have 2D barcodes on their labels)  

Also worth noting the date the courier delivered isn't necessarily the starting date, without diverting the thread into a debate, we go back to the old physical possession element. 

kinkers said:

Thank you Lunatic, I have email them what you've said and asked them to pass it on to a senior management member.

No trouble OP, let us know what they say if you can.

Beyond pestering them you have the option to send a letter before action (there are templates on Google or firms that will send one for a small fee).

After that it's a case of small claims, £240 is a fair amount and I don't see how you can lose if the tracking shows delivered on the 17th but it's a question of investing time and headache vs the reward. 

Fingers crossed they fold  

That’s not a given.  Not all businesses qualify for RM Tracked on account due to the minimum sending requirements.  I currently use it but will lose it at the end of the 12 month period as we have not sent enough.  We’ll go back to using normal service for packages to the value of the same amount as the OPs.  I know plenty of small business owners who do the same.

Yes I did mention the 2D codes but does the OP have that as proof?

All moot of course if the OP can provide tracking evidence.

I do appreciate it's not a given but on £19 million turnover I'm sure they meet the volume  

I don't think OP needs proof to be honest as it's looking like the cancellation period is 1 year and 14 days but it's best to keep it straight forward unless the company claim the parcel reach the OP earlier.