Item not delivered, and refund refused

I bought an item from eartkemade.com and it was shipped from China. The tracking was via 17track.net

The item was allegedly delivered on 23rd Nov but my husband was in all day as he works from home, and I was in all evening.  The delivery was at 8.31pm.  This item was never delivered!  I wrote to the company, and they offered me 30% refund.  I said i didnt want 30% what i wanted was proof of delivery, with some photo/signature as it may be with a neighbour.

They responded offering 40% refund.  I stated i wanted 100% refund, or to see the evidence of delivery.  They responded saying they could give 50% refund.  I have refused and said i want to see the evidence of delivery, and they are now saying that they have made their final offer and I have 7 days to accept.

Can they do that?!  They have given me no signature/photo proving delivery, and i could be 50% down because of it.
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Comments

  • sheramber
    sheramber Posts: 21,596 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    How did you pay and how much?
  • Boosta88 said:
    I bought an item from eartkemade.com and it was shipped from China. The tracking was via 17track.net

    The item was allegedly delivered on 23rd Nov but my husband was in all day as he works from home, and I was in all evening.  The delivery was at 8.31pm.  This item was never delivered!  I wrote to the company, and they offered me 30% refund.  I said i didnt want 30% what i wanted was proof of delivery, with some photo/signature as it may be with a neighbour.

    They responded offering 40% refund.  I stated i wanted 100% refund, or to see the evidence of delivery.  They responded saying they could give 50% refund.  I have refused and said i want to see the evidence of delivery, and they are now saying that they have made their final offer and I have 7 days to accept.

    Can they do that?!  They have given me no signature/photo proving delivery, and i could be 50% down because of it.
    Depends on consumer laws in Hong Kong, which is where they're based.  
  • Undervalued
    Undervalued Posts: 9,461 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Boosta88 said:
    I bought an item from eartkemade.com and it was shipped from China. The tracking was via 17track.net

    The item was allegedly delivered on 23rd Nov but my husband was in all day as he works from home, and I was in all evening.  The delivery was at 8.31pm.  This item was never delivered!  I wrote to the company, and they offered me 30% refund.  I said i didnt want 30% what i wanted was proof of delivery, with some photo/signature as it may be with a neighbour.

    They responded offering 40% refund.  I stated i wanted 100% refund, or to see the evidence of delivery.  They responded saying they could give 50% refund.  I have refused and said i want to see the evidence of delivery, and they are now saying that they have made their final offer and I have 7 days to accept.

    Can they do that?!  They have given me no signature/photo proving delivery, and i could be 50% down because of it.
    Probably not legally but it is hard to see how you are going to enforce that if they are in China.

    How did you pay?

    How much is involved?
  • I only paid £35 so not much - it was the priniciple more than the cost that irritated me.
    Thanks for all your comments - i think i will take the 50%.
  • HillStreetBlues
    HillStreetBlues Posts: 5,513 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    edited 5 December 2023 at 1:02PM
    Did you check out the website before buying?
    https://www.scamdoc.com/view/1522626
    Trust Index - Very Bad

    What you no doubt got was the scammers fake tracking number, after a certain time the scammers marked it as delivered.

    Let's Be Careful Out There
  • born_again
    born_again Posts: 19,395 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Boosta88 said:
    I only paid £35 so not much - it was the priniciple more than the cost that irritated me.
    Thanks for all your comments - i think i will take the 50%.
    If you payed by debit or credit card. Call bank for a non receipt chargeback. That will call their bluff on delivery. As the only way to reject is prove delivery.
    Life in the slow lane
  • Boosta88 said:
    I only paid £35 so not much - it was the priniciple more than the cost that irritated me.
    Thanks for all your comments - i think i will take the 50%.
    If you payed by debit or credit card. Call bank for a non receipt chargeback. That will call their bluff on delivery. As the only way to reject is prove delivery.
    They can supply a link where tracking info states it's been delivered, but there will be no proof such as a photo.
    What do banks do in that case?
    Let's Be Careful Out There
  • Exodi
    Exodi Posts: 3,625 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Boosta88 said:
    I only paid £35 so not much - it was the priniciple more than the cost that irritated me.
    Thanks for all your comments - i think i will take the 50%.
    Many people will happily spend hundreds of hours red faced and foaming at the mouth over 'principle' but I'd encourage you to be a bit more rational.

    If they refund you £17.50 and you're out of pocket £17.50, then I'd probably chalk it up as a cheap lesson.

    The website does not look safe and quick research confirms this: https://webparanoid.com/en/check-website/eartkemade.comhttps://www.scamdoc.com/view/1522626

    While you have probably been scammed, it's now up to you how much you let it affect you.

    Out of interest:
    Boosta88 said:
    The item was allegedly delivered on 23rd Nov but my husband was in all day as he works from home, and I was in all evening.  The delivery was at 8.31pm.  This item was never delivered!  I wrote to the company, and they offered me 30% refund.  I said i didnt want 30% what i wanted was proof of delivery, with some photo/signature as it may be with a neighbour.
    Do you know who it was delivered on? Overseas deliveries are usually consigned to a local carrier for delivery in the UK so you'd expect there would be a separate Royal Mail/Evri/DPD/etc tracking number related. I don't expect the 'retailer' would be forthcoming with this, but I'd be interested if the tracking site showed anything like this, even if just the local carrier.
    Know what you don't
  • born_again
    born_again Posts: 19,395 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Boosta88 said:
    I only paid £35 so not much - it was the priniciple more than the cost that irritated me.
    Thanks for all your comments - i think i will take the 50%.
    If you payed by debit or credit card. Call bank for a non receipt chargeback. That will call their bluff on delivery. As the only way to reject is prove delivery.
    They can supply a link where tracking info states it's been delivered, but there will be no proof such as a photo.
    What do banks do in that case?
    If they have proof, then case lost. But if coming from oversea's unless using one of the good couriers. Then tracking ends long before than & would be contested on the basis of it has not been delivered.
    Life in the slow lane
  • Boosta88 said:
    I only paid £35 so not much - it was the priniciple more than the cost that irritated me.
    Thanks for all your comments - i think i will take the 50%.
    If you payed by debit or credit card. Call bank for a non receipt chargeback. That will call their bluff on delivery. As the only way to reject is prove delivery.
    They can supply a link where tracking info states it's been delivered, but there will be no proof such as a photo.
    What do banks do in that case?
    If they have proof, then case lost. But if coming from oversea's unless using one of the good couriers. Then tracking ends long before than & would be contested on the basis of it has not been delivered.
    The scammers use fake tracking.
    Scammer A sets up a fake parcel website that has fake tracking. Scammer B pays scammer A and gives scammer A address details. Scammer A then waits awhile and then marks parcel as delivered. Scammer B then claims it's be delivered.
    Let's Be Careful Out There
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