Help: returned item tied up at Italian customs for 3 weeks, where do I go!?

Four_Oaks_Bookworm

I bought a replica rugby kit directly from an Italian club's kit shop, which was the wrong size. They told me I could return it (as they should, per distance-selling regulations)  - I wanted a replacement anyway, so this was fine.  I posted it international tracked on 13 November. According to the Royal Mail track, it's been at Italian customs (in Italy) since 18 November and hasn't budged since then, so I can't have my refund because the retailer hasn't received it.

What can I do about this?  The retailer is aware: are they obliged to go and look for it?  How long before I can claim compensation for non-delivery from Royal Mail for example.  Or should I do a section 75 on my credit card for the initial purchase (to galvanise the retailer into action)?  All advice welcome, thanks

marcia_

Four_Oaks_Bookworm said:

I bought a replica rugby kit directly from an Italian club's kit shop, which was the wrong size. They told me I could return it (as they should, per distance-selling regulations)  - I wanted a replacement anyway, so this was fine.  I posted it international tracked on 13 November. According to the Royal Mail track, it's been at Italian customs (in Italy) since 18 November and hasn't budged since then, so I can't have my refund because the retailer hasn't received it.

What can I do about this?  The retailer is aware: are they obliged to go and look for it?  How long before I can claim compensation for non-delivery from Royal Mail for example.  Or should I do a section 75 on my credit card for the initial purchase (to galvanise the retailer into action)?  All advice welcome, thanks

 Distance selling regulations won't apply to a purchase from overseas. 

 I would just go to both Royal Mail and your credit card regarding getting your money back 

Undervalued

Unless the purchase was over £100 Section 75 won't apply.

As has been said most other UK rights won't apply to a purchase made from overseas.

Even if it had been a UK purchase then the next question would be who paid for the return postage. If the retailer provided a paid label or similar then they would be responsible once you posted it and got proof of posting. If you paid for the post then it is your responsibility until you have proof of delivery.

Any legal claim you may have in the UK is with Royal Mail but only if you paid for the postage. Otherwise any claim against the company would be in the Italian courts and I have no idea what their distance selling laws provide.

Tucosalamanca

What can the retailer or shipping agents do if the item is stuck at Customs? At that point it is completely out of their hands.

Customs delays are just a fact of life if importing/exporting goods.

timjim

Surely S75 won't work as the company supplied the goods. The fact that Italian customs haven't returned the goods to the supplier is not either the credit card company or supplier's fault 

Ergates

If the item has been held by Italian customs, would RM even be liable?

Hoenir

Four_Oaks_Bookworm said:

The retailer is aware: are they obliged to go and look for it?  

Until Customs release the package there's nothing anybody can do. Unfortunately delays at Customs are just a fact of life when shipping across borders. 

Four_Oaks_Bookworm

Undervalued said:

Unless the purchase was over £100 Section 75 won't apply.

As has been said most other UK rights won't apply to a purchase made from overseas.

Even if it had been a UK purchase then the next question would be who paid for the return postage. If the retailer provided a paid label or similar then they would be responsible once you posted it and got proof of posting. If you paid for the post then it is your responsibility until you have proof of delivery.

Any legal claim you may have in the UK is with Royal Mail but only if you paid for the postage. Otherwise any claim against the company would be in the Italian courts and I have no idea what their distance selling laws provide.

I paid for the return postage, and have proof of postage and tracking number (which is how I know it's still at Customs in Italy)
The kit cost GBP90, so doesn't meet the threshold for S75 either.

Hoenir

As an ex Ebay trader. In the end I stopped selling to Italy. As  was just too painfull . Even when items cleared customs. There's the notoriously bad postal service to contend with.

DullGreyGuy

For italy, would use a courier not national postal service. It'll probably cost more but more chances of getting through the process.

Given you arranged the return then under English law it's returned when it gets to the other end.  You'd need to check if the sale was done under Italian or English law, most likely the former. 

eskbanker

Four_Oaks_Bookworm said:

Or should I do a section 75 on my credit card for the initial purchase (to galvanise the retailer into action)?

Conscious that the discussion has moved on anyway, but for the record, even if you could have opened a section 75 claim, it wouldn't "galvanise the retailer into action" as the whole point of s75 is that you're claiming against the creditor rather than the supplier, who wouldn't even be aware that you'd done so....