Lost Parcel

tinalouise69

Hi there
My husband purchased some goods from an independent company online that he has used many times before. The purchase was made on  17th May and the parcel was sent out via Evri on the 19th May.
A few days went past and there was no movement on the tracking. We got intouch with Evri which resulted at first with a standard reply. The third reply from Evri confirmed that the parcel is lost.
We then got in touch with the seller yesterday 27th May to say the parcel was lost. We did try on Monday but the chat was closed due to the bank Holiday.
The seller states they have a 5 day policy to report a lost item. We didn't know this. 
The seller is now saying that we was out of the 5 day period by 3 days so on this occasion they are getting there security team involved. They have also stated that it may take 30 days to do the  investigation and it  may not be successful if the parcel is lost.
Is the seller saying we may not get a refund.
The goods were paid for via PayPal.

molerat

https://www.paypal.com/us/cshelp/article/how-do-i-open-a-dispute-with-a-seller-help160

DullGreyGuy

The goods are their legal responsibility until such time as they are handed over to you. As long as Evri arent saying they delivered them to you then it remains the shops problem. 

How did you buy the goods? I am guessing online given the delivery but some in store goods are shipped to customers on occasions. 

Inevitably they will want to raise the matter with Evri and validate the status. I have had it happen personally and for some reason 15 working days after it was sent the parcel just turned up, once looking bashed to hell but the other two times in good condition. 

What outcome are you wanting? Replacement goods? A refund? 

tinalouise69

Hi DullGreyGuy
The goods were purchased online. We would like a full refund if possible. Should we go straight to PayPal . 

Ergates

tinalouise69 said:

Hi DullGreyGuy
The goods were purchased online. We would like a full refund if possible. Should we go straight to PayPal . 

You could, but you could also give the retailer a chance to the the right thing and refund you directly.

Remind them that their policy has no legal basis and the goods are their responsibility until they are in your hands.

However, it seems unlikely that a seller who thinks that a "5 day policy to report a lost item" is anything other than laughable will voluntarily do the right thing.

born_again

Who is this company?
Safe to name them & link to their website 👍

tinalouise69

Ergates said:

tinalouise69 said:

Hi DullGreyGuy
The goods were purchased online. We would like a full refund if possible. Should we go straight to PayPal . 

You could, but you could also give the retailer a chance to the the right thing and refund you directly.

Remind them that their policy has no legal basis and the goods are their responsibility until they are in your hands.

However, it seems unlikely that a seller who thinks that a "5 day policy to report a lost item" is anything other than laughable will voluntarily do the right thing.

We are not hoping for much at the moment so that's why I thought to go straight to PayPal. Out of good will and as we are 3 days over the 5 they are going to investigate x

tinalouise69

born_again said:

Who is this company?
Safe to name them & link to their website 👍

The company is called MPB. They buy and sell photography stuff x

ThumbRemote

tinalouise69 said:

The seller states they have a 5 day policy to report a lost item. We didn't know this. 

The seller doesn't seem to even know their own terms and conditions. 

The five days refers to SELLING to MPB, not buying from them. "Where you have used the MPB approved courier service and in the unlikely event that your package is lost or damaged in transit to MPB then you must notify MPB within 5 calendar days from the date of dispatch so that MPB can open an investigation into the circumstances. "

Section 8 refers to purchases from them, and has no mention of a 5-day limitation. 

tinalouise69

ThumbRemote said:

tinalouise69 said:

The seller states they have a 5 day policy to report a lost item. We didn't know this. 

The seller doesn't seem to even know their own terms and conditions. 

The five days refers to SELLING to MPB, not buying from them. "Where you have used the MPB approved courier service and in the unlikely event that your package is lost or damaged in transit to MPB then you must notify MPB within 5 calendar days from the date of dispatch so that MPB can open an investigation into the circumstances. "

Section 8 refers to purchases from them, and has no mention of a 5-day limitation. 

In the terms I've just read that MPB will not be liable for any loss. Does this mean they won't issue refund. Where do I stand under the consumer act. Thanks x

Undervalued

tinalouise69 said:

born_again said:

Who is this company?
Safe to name them & link to their website 👍

The company is called MPB. They buy and sell photography stuff x

On the whole they have a very good reputation in their field. It sounds as if some confusion has arisen, maybe an inexperienced member of staff?

The law is very clear that that seller is responsible for any losses in shipping and basically if they cannot prove delivery you are entitled to a full refund.

Like all traders they must suffer from fraudulent claims so it is not unreasonable that they may wish to investigate, particularly as many of the items they sell are high value. I am surprised to hear that they are using Evri (??) I though they always used another courier, both for collections and deliveries, who have / had a better reputation? That said, none of these services are perfect.

I'd be very surprised if they don't refund you but , from what you have posted, if all else fails the law is on your side.