Fragrance Shop - empty box. Are they correct in response?

Hello everyone.
i placed order with Fragrance Shop and received empty box this morning.

Postman took photo and apologised as box was torn and item inside was missing.  They covered it in their tape stating it happened in their care.
Sent this Royal Mail photo and 2 of my own and a video to Fragrance Shop.

They are saying that I need to fill out a form which they will post and then look into it and let me know.

i needed this as a gift for Valentines Day.  I have no gift and no money and they’re fobbing me off.

does anyone know what I should say to them?  Surely they can’t do this, they have all the proof.  Thank you

Comments

  • Ergates
    Ergates Posts: 2,963 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Unfortunately, the Consumer Rights Act doesn't really help you with the timescales.

    It says:
    "A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund"

    Putting aside the "trader agrees that the consumer is entitled to a refund" bit - if/when they had agreed to give you a refund right away, they'd still have 14 days to do it, which is too late for you.

    Personally, I would argue that they should have refunded up front before carrying out their investigation* - but as above, that still wouldn't have guaranteed you a refund in time.
  • Ergates said:
    Unfortunately, the Consumer Rights Act doesn't really help you with the timescales.

    It says:
    "A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund"

    Putting aside the "trader agrees that the consumer is entitled to a refund" bit - if/when they had agreed to give you a refund right away, they'd still have 14 days to do it, which is too late for you.

    Personally, I would argue that they should have refunded up front before carrying out their investigation* - but as above, that still wouldn't have guaranteed you a refund in time.
    Thank you for your help, I appreciate it.

    yes, I thought the same with regards to refunding and then investigating, they have all the proof it was sealed when the postman brought it as the sorting office had securely taped it up.  Thank you for your input it’s very kind of you.
  • Emmia
    Emmia Posts: 5,258 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    It's safer to go to an actual shop to buy perfume/aftershave - no hanging around for the postie, or risk of the package being damaged and you'll have it in your mitts as soon as you've paid. 
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