Seller requires undelivered product to be returned to them before refunding me - What can I do?

techno_sapien

Hello,

I have recently purchased an expensive (>£2,000) exercise bike. I purchased this online on the 2nd of May with a credit card, with a delivery date set for the 2nd-3rd of May. 

According to DHL tracking, the bike has been dispatched, and I have repeatedly been told by the tracking system it will be delivered today, only for it to be reset to delivery tomorrow midway/later on in the day.

I waited all day in on Thursday for this (DHL tracking explicitly said they expected to deliver that day, only to cancel), I waited all day on Friday (and escalated to the supplier once the delivery didn't materialise). DHL arranged a Saturday delivery, which I waited in all day for, this did not happen. They then amended their delivery date to Tuesday. I have waited in all day for this today, only to recieve a notification saying it's at the depot.

I am beyond frustrated and now simply want my money back. However, the seller is saying in order to do this I need to request with DHL they "return to seller", and they will process my refund when they recieve the bike. Needless to say, I have absoutely zero desire to be liable for DHL's timescales on this. I've now unfortunately discovered several online reviews complaining of the same behaviour by the seller.

I understand (despite the claims of 2-3 day delivery on their website) the seller has 30 days to deliver under current distance selling legislation. Frankly, I am willing to wait the seller out on this (I have a work from home job so am not financially losing from spending weekdays at home). Especially if it means I don't inadvertently assume any liability for DHL "returning" the bike (a bike which never came into my physical possession).

I would like to understand my next steps on this (assuming the bike doesn't arrive within the next month). Is there any possibility I could demand a refund (regardless of the seller recieving the bike back) before the 30 days expire, or is 30 days after purchase the earliest point I can act (e.g. speak to my bank about a chargeback - I am currently collecting video/photo evidence of communications with the seller for this should I need to go down this route).

Thanks to anyone who could possibly help me out with this.

techno_sapien

Edit: my apologies, I ordered this on the 30th of April, due for delivery on the 2nd of May.

DE_612183

You do not have a contract with DHL - the supplier do - It's up to them to get DHL to return THEIR item to THEM.

The have to send YOUR money to YOU.

techno_sapien

DE_612183 said:

You do not have a contract with DHL - the supplier do - It's up to them to get DHL to return THEIR item to THEM.

The have to send YOUR money to YOU.

Thanks, this is my understanding from spending the weekend trawling similar MSE threads and reading guidance on consumer protection law.

Given the seller's responses (which I am documenting), I am not expecting them to play ball. However, does this mean I have a pretty open and shut case for a chargeback (if the bike doesn't arrive within 30 days of my order)?

Mark_d

The Consumer Rights Act 2015 says:

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—
(a)without undue delay, and
(b)in any event, not more than 30 days after the day on which the contract is entered into.

So if the bike does arrive within 30 days then you can demand a refund.  However, before this date all you can do is wait.  If you've changed your mind about the bike from this retailer, you can always reject delivery.

techno_sapien

Mark_d said:

The Consumer Rights Act 2015 says:

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—
(a)without undue delay, and
(b)in any event, not more than 30 days after the day on which the contract is entered into.

So if the bike does arrive within 30 days then you can demand a refund.  However, before this date all you can do is wait.  If you've changed your mind about the bike from this retailer, you can always reject delivery.

Thanks. If I reject delivery, where might I stand with regards to a refund should the courier cause issues returning it? 

I assume the bike wouldn't have entered my physical possession, and therefore would continue to be the property/liability of the seller (so presumably I don't need to fear losing the £2,000 altogether in that case?). I'm just wondering where that would leave me if DHL manage to mess up returning the bike to them (e.g. if it takes them almost a month to deliver it to me, does that mean I might risk waiting 2 months in total awaiting a refund)? Is there any set period of time that would need to elapse before I could reasonably request a refund?

Alderbank

You don't need to wait 30 days.

You can tell them you are cancelling the contract with immediate effect under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

born_again

Requesting a refund from retailer = Cancelling order. So you lose any non receipt chargeback right. Non receipt of refund in effect requires proof retailer has refunded. So date, amount & last 4 of card no, before that could be chargeback.
I'll let you guess the odds on getting that detail.

techno_sapien

born_again said:

Requesting a refund from retailer = Cancelling order. So you lose any non receipt chargeback right. Non receipt of refund in effect requires proof retailer has refunded. So date, amount & last 4 of card no, before that could be chargeback.
I'll let you guess the odds on getting that detail.

Thanks. I wouldn't be too worried about this with a big high street retailer, but having spotted reviews calling them "cowboys" and complaints about return refunds that never appear, I'm starting to think the safer bet is to wait them out.

Of course, doesn't bode well at all if the bike does arrive and there are any issues with it.

techno_sapien

Wow, colour me absolutely shocked, DHL are now saying it'll arrive tomorrow. They are updating their tracker each time they do this to make it appear as though they never said they'd deliver on the days they've failed to deliver on. I'm recording evidence for any chargeback case should it come to it.

I'm wondering if anyone has been in the same boat with DHL recently? Shocking behaviour.