Online returns from attempted delivery date

fluffy_fluffy_kittens

Hello 
I was wondering if I could have some advice.
2+ months ago I bought an expensive coat online. It was attempted to be delivered to my home but unfortunately I wasn't in and royal mail redelivered the parcel to the post office. I went to the post office to collect the parcel however the parcel was not there. It had been signed for so I think it must have gone to the wrong place (I did go back to the post office a couple of times over the next few days as per Royal mail advice and it still wasn't there, and the people in the post office did not recognise the name/ signature on tracking). I contacted royal mail but then went away on holiday for a couple of weeks. On return I contacted the provider and told them my parcel had not been delivered but that I had been in touch with Royal mail on the phone and submitted an online form. I explained the situation. I have copied the tracking of the parcel below and looking back it seems that it was returned and redelivered to the post office by the seller. However, I was never notified of this (by RM or seller) despite having contacted them (other than the most recent one this month where it was left with neighbour). I had not chased myself other than an odd email to the seller just saying i had heard nothing (I didnt think to re-check the tracking number as assumed i would get an email if anything had turned up). I had emailed the seller saying that if it appears back with them then could they please keep it and refund me. Anyways, having now received the package, I wanted to return it (as had found another coat!) but on contacting the seller, they have said that it is from first ATTEMPT of delivery that the two week returns policy is. But i dont think this is very fair given that I could not collect the parcel as it physically was not in the post office? They are saying I should have arranged for redelivery but at that point there was no option for re-delivery (and i both called and online submitted to royal mail) as it was saying it was in the post office. I am sorry now that I did not recheck the tracking but I received no emails about it being returned to sender/ redelivered to post office (usually you would as it offers to update preferences?). The sender is offering me 1/4th of the price the coat was as a partial refund (or a voucher for the shop but it is an online vintage shop and i dont want to risk not liking something and having to go try to go through the returns process again). The seller is quite aggressive on emails. I am happy to post email chain or shop name if it makes any clearer. Sorry for the length, I'm just worried as its a lot of money and i would really appreciate some advice - thanks so much!

Tracking history (2)

Tuesday 11 March 2025

Delivered and Signed By Neighbour

Monday 10 March 2025

Sender has despatched item

Tracking history (1)

Wednesday 05 March 2025

Not Collected - Returned to Sender

Monday 03 March 2025

Available for collection

Sunday 02 March 2025

Item Received

Thursday 13 February 2025

Available for collection

Saturday 08 February 2025

Available for collection Post Office 

Friday 31 January 2025

Not Collected - Returned to Sender

Friday 17 January 2025

Available for collection Post Office 

Saturday 11 January 2025

Delivery request received

Delivery Attempted - No Answer

Friday 10 January 2025

Sender has despatched item

the_lunatic_is_in_my_head

Hello OP

Cancellation rights are 14 days from delivery, where did you buy from? 

Okell

For @fluffy_fluffy_kitten's benefit and better understanding - 14 days from delivery into the her physical possession, so the first attempted delivery cannot count.

Also we are talking about the statutory right to cancel (ie return) a distance sale under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and not the seller's returns policy.

@fluffy_kittens_kittens -  if the item was eventually delivered on 11 March (14 days ago) we do need to know who you bought from in order to check their contract T&Cs.  If the seller's T&Cs do not comply with the above regulations the cancellation (ie return) period is extended from 2 weeks to 54 weeks.

fluffy_fluffy_kittens

@the_lunatic_is_in_my_head @Okell  Thank you both so much! I bought from House of Huntington (independent luxury fashion outlet). I tried to view their T&Cs doc but it wasn't linked. It does say on the website 14 days from delivery. What would you advise next steps wise? The owner does not seem to be very reasonable in the emails i have sent. Thanks so much again, its quite stressful so really appreciate your help!

Jenni_D

These people?

https://houseofhuntington.com/

Their refund policy page seems to correctly state that you have 14 days after receipt within which to inform them of your intent to return the goods for a refund. Legislation says you then have a further 14 days within which time the goods should be received back with the seller. When did you contact them to return the goods? Did you use their returns page?

They don't have company details on their website (they should) but I think these are them ... https://find-and-update.company-information.service.gov.uk/company/15258420

Their contact page has a phone number - have you tried calling it?

fluffy_fluffy_kittens

It is them yes! I havent called but have been emailing Ethan the owner - I can post screen shots of the email chain here if helpful / I'm allowed to do that? So I contacted them within 48 hours of receiving the parcel - I tried to use the returns portal but as it had taken 5 weeks to receive the parcel it wasn't working (was saying not valid for return). Happy to contact them by phone if you think would be worthwhile, but he hasn't been the friendliest/ easiest to work with over email so not sure i will get anywhere with it! Let me know any further info. 

savergrant

Three things strike me.
Firstly having attempted delivery to you the parcel then went missing as it could not be located when you tried to collect it from the collection point you were given. Having given several days for them to locate the parcel they were unable to.
Secondly you informed the seller that you had not received the item and that you did not wish them to fulfill the order. However having received the item back they appear to have sent it back out.
Thirdly presumably as you were not at home the parcel was left with a neighbour, not received by you.

Clearly you have not had an opportunity to inspect the item and the delay in getting it to you was not reasonable. The person who signed for the parcel was not authorised to act on your behalf.

It would help your case if you could list the dates and times you visited the post office, and you don't mention going on holiday.

the_lunatic_is_in_my_head

Jenni_D said:

They don't have company details on their website (they should) but I think these are them ... https://find-and-update.company-information.service.gov.uk/company/15258420

It's buried in the T&Cs page  

OP how much is the purchase for?

Terms are poor, you have 1 year and 14 days to cancel any way.

You need to send them a clear email stating (check for typos )

Dear HOUSE OF HUNTINGTON LTD

With regards to order xxx I am exercising my right to cancel the contract in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. 

Unless an alternative adddres is provided the goods shall be returned to:

1E, Denaby Point  
Coalpit Road
Doncaster
DN12 4LH

as per your website. 

I will provide evidence of return and a refund is due within 14 days of that evidence having been supplied.

As the return policy on your website links the right of cancellation to the condition of the goods and this is not a prescribed limit of application to Part 3 of the CCRs you have failed to provide where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38 and as such the extended cancellation period of 1 year and14 days applies.

I look forward to a prompt resolve to this matter,
Sincerely
fluffy_fluffy_kittens


OP the right to cancel is something you need to be proactive on, you need to send the communication and you then need to return the goods within 14 days of said communication.

You do not need their permission and most importantly failing to return within 14 days of notifying them of intent to cancel means you lose that right to cancel.

If you send the coat back and they don't refund you have to* send a letter before action and then if no joy file small claims. They appear to have a unit on an industrial estate so presumable some assets but no filling history on Companies House to confirm. 

*Unless the coat was over £100 and you paid on a credit card, in that case you should have S75 cover with the card provider. 

fluffy_fluffy_kittens

Thanks so much again, this sounds great and really professional - I will send email tomorrow. Just a couple of quick things (sorry not familiar with this at all):
Could I just check where the 1 yr and 14 days are coming from? I am now still within 14 days of when it was re-delivered (finally) to my neighbour so should use this too as an argument?
I still cannot see the T&C, all I can see about returns is what i've pasted below (but it doesnt have a link to the refund policy?) - would someone be able to direct?
Thanks so much again!

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

the_lunatic_is_in_my_head

fluffy_fluffy_kittens said:

Could I just check where the 1 yr and 14 days are coming from? 

Hello OP

Extended cancellation is here  

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

fluffy_fluffy_kittens said:

 I am now still within 14 days of when it was re-delivered (finally) to my neighbour so should use this too as an argument

You sure can  

Dear HOUSE OF HUNTINGTON LTD

With regards to order xxx I am exercising my right to cancel the contract in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. 

Unless an alternative adddres is provided the goods shall be returned to:

1E, Denaby Point  

Coalpit Road

Doncaster

DN12 4LH

as per your website. 

I will provide evidence of return and a refund is due within 14 days of that evidence having been supplied.

The cancellation period isn't 14 days from first date of attempted delivery as you advised, it is however:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/30

(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

With which at the date of this email I am within. 

I look forward to a prompt resolve to this matter,

Sincerely

fluffy_fluffy_kittens

fluffy_fluffy_kittens

Have sent email - will keep you updated, and thanks again so much for all your help!