Refused International delivery and return of item - where i stand?

M0ssim0_2

Hi, I would be grateful for some advice on the following situation. I purchased a watch from a Mircobrand watch Company in the USA. The watch was dispatched using FedEx. The following day a different version of the watch was released by the Company and I prefer this model over the one I ordered. I contacted the seller who advised me to refuse delivery of the dispatched watch and that it would be retuned to them and upon it’s receipt they will provide me with a refund. So, this is what I did. My query is, what happens now if the watch doesn’t get back to them either by a) FedEx losing the item during the process or b) inaction by the sender in responding to FedEx’s request for instructions on what to do (i.e. return it) due to my refusal to take delivery. They have my money so there is no incentive for them to co-operate. Potentially, I could be left in limbo. I understand that the promised original delivery forms part of a legitimate contract and if they fail to live up to it’s delivery I have ‘rights’ however given it’s an international delivery and I refused it’s delivery do I waiver any ‘rights’ and does responsibility for the item subsequently transfer on to me due to having the opportunity to take it's delivery? Would I be able to make a section 75 claim via my credit card? Thanks.

the_lunatic_is_in_my_head

Hello OP

Section 75 imposes the same legal liability upon the card provider as it does the retailer, @born_again is best to answer but I would have thought the card provider would be liable however consumer protection in the US appears a lot more limited than here in the UK so what the legal position is with regards to the courier losing a refused delivery under US law I don't know. 

The best thing to do IMHO is accept delivery and return the watch yourself via Royal Mail International Tracked with the appropriate level of "compensation". 

M0ssim0_2

Hello, thanks for your response. The Sender told me to refuse it's delivery (which has been done) as it would mean not having to pay for separate postage for it's return as well as any Custom Duty due. The item is now currently sitting at the depot and given everything is a struggle nowadays I foresee a lot of hassle getting my money back. I appreciate this is my own creation but just wanted to establish where I stood. It doesn't help that you have more chance of knitting fog then getting hold of someone at FedEx. 

Keep_pedalling

From that company’s website.

UNACCEPTED DELIVERIES

Usually a signature is required on delivery for the packages that we send out. If no one is present to sign then a note is left with instructions on where to pick up the package from a nearby location, such as a post office. If the package isn't picked up within a reasonable time (at the post office's discretion) then the package may be returned to us. If you intend to travel away from home for an extended period and no one else will be present to sign for a delivery, please feel free to let us know and ask us to hold your package for a few weeks before shipping it. We'll be glad to help out.

When a package is returned to us that wasn't accepted at the destination address provided, either because no one showed to sign for it, the address given is invalid, delivery was refused at the recipient's address, or for non-payment of any import duties or taxes, then we'll contact the customer concerned via the email address provided to let them know so they can schedule a redelivery. Customers are responsible for first paying us a redelivery fee that covers our cost to reship, which can be via PayPal or a separate invoice, before we send goods out for a second delivery attempt. Customers have three months in which to make this arrangement else any returned item will be treated as abandoned property and will be disposed of accordingly. Our aim is to have happy customers enjoying their timepieces, so if you contact us to let us know about any long term travel plans, we'll be happy to hold your shipment.

M0ssim0_2

Hi, thanks.  I've  since edited my original post as i should have stated 'Microbrand' watch Company. Mircowatch isn't the Company I purchased from which I believe is where you lifted the above from. I have checked the website of the Company I purchased from to see if the T&C's cover the scenario I have referred to and it doesn't.  

ArbitraryRandom

You're assuming a problem when there hasn't been one yet, but if they told you in writing (email/message whatever) to refuse the delivery and they would refund, then you can provide that to your card issuer to support a S75 claim. 

born_again

the_lunatic_is_in_my_head said:

Hello OP

Section 75 imposes the same legal liability upon the card provider as it does the retailer, @born_again is best to answer but I would have thought the card provider would be liable however consumer protection in the US appears a lot more limited than here in the UK so what the legal position is with regards to the courier losing a refused delivery under US law I don't know. 

The best thing to do IMHO is accept delivery and return the watch yourself via Royal Mail International Tracked with the appropriate level of "compensation". 

Refusal to take delivery (even if retailer told you) is the same as you cancelling the contract. Change of mind in effect.
So no S75 as no breech of contract by retailer.

Hoenir

M0ssim0_2 said:

 I have checked the website of the Company I purchased from to see if the T&C's cover the scenario I have referred to and it doesn't.  

What is their quoted returns policy? They must cover non delivery in their T&C's to protect themselves. 

HillStreetBlues

M0ssim0_2 said:

Hi, I would be grateful for some advice on the following situation. I purchased a watch from a Mircobrand watch Company in the USA. The watch was dispatched using FedEx. The following day a different version of the watch was released by the Company and I prefer this model over the one I ordered. I contacted the seller who advised me to refuse delivery of the dispatched watch and that it would be retuned to them and upon it’s receipt they will provide me with a refund. So, this is what I did. My query is, what happens now if the watch doesn’t get back to them either by a) FedEx losing the item during the process or b) inaction by the sender in responding to FedEx’s request for instructions on what to do (i.e. return it) due to my refusal to take delivery. They have my money so there is no incentive for them to co-operate. Potentially, I could be left in limbo. I understand that the promised original delivery forms part of a legitimate contract and if they fail to live up to it’s delivery I have ‘rights’ however given it’s an international delivery and I refused it’s delivery do I waiver any ‘rights’ and does responsibility for the item subsequently transfer on to me due to having the opportunity to take it's delivery? Would I be able to make a section 75 claim via my credit card? Thanks.

Have you a paper trail for this?

Alderbank

Microbrand Watch Company is wholly owned by Timeapps.com Inc. registered in Seattle.
Their Terms of Service (equivalent to our Terms & Conditions) say they are governed by the laws of the State of Washington.

Their ToS are identical to those posted above by @Keep_pedalling. They say you can cancel any time up until despatch. No cancellations are accepted are accepted after despatch, the sale is final. They say if a package is refused because of refusal to pay duties or taxes they will inform you by email and you will have 3 months to arrange redelivery, after which the goods will be disposed of.

I have no idea whether this is legal in Washington. However the Attorney General’s Office Consumer Resource Center in Seattle will know, because they operate the Consumer Resource Center which is rather like our CAB. They will speak to Timeapps on your behalf and try to resolve your problem.

Call them Monday - Friday, 10 a.m. - 3 p.m. Pacific Standard Time (8 hours behind us) on 206-464-6684. You can call them free on WhatsApp. You can even ask Alexa to call them for free. Make sure to explain that a company employee told you different from the ToS and you relied on that.

If you do this, please come back and tell us how you got on.

ArbitraryRandom

born_again said:

the_lunatic_is_in_my_head said:

Hello OP

Section 75 imposes the same legal liability upon the card provider as it does the retailer, @born_again is best to answer but I would have thought the card provider would be liable however consumer protection in the US appears a lot more limited than here in the UK so what the legal position is with regards to the courier losing a refused delivery under US law I don't know. 

The best thing to do IMHO is accept delivery and return the watch yourself via Royal Mail International Tracked with the appropriate level of "compensation". 

Refusal to take delivery (even if retailer told you) is the same as you cancelling the contract. Change of mind in effect.
So no S75 as no breech of contract by retailer.

I would expect that a member of staff confirming in writing (via I assume an official contact channel) they would refund in the circumstances would be an enforceable variation to the contract...?  

At least, it's something that would be worth taking to small claims - and the OP can use s75 to sue the card provider in the UK courts (afaik)