Advice regarding a refund.

wilber

wilber

wilber

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Joined
11 Mar 2009
Posts
1,273
Location
Wales
Hi folks,

I purchased 2 items from an online retailer before christmas(17th December). One of the items arrived and the other did not. I contacted the seller on the 23rd to ask about the other item. The seller only then informed me that this product was out of stock, and asked if they could send me an alternative one.

With Christmas festivities etc i forgot all about this untill today.

I checked my accounts and I paid for both the items and still only recieved one.

I emailed them earlier today to ask when i will be recieving the product, i was told that due to not reponding to the last email they where unsure on how to rectify it, they again have offered me to select a different product as the product i ordered will not be restocked untill september.

So i replied asking for refund. I had this response

"Unfortunately, because you have notified us over thirty days later, we will not be able to action a refund at this time. I understand that this will be a disappointment for you, but the only alternative I can suggest is that we issue a credit note for use on line."

I would like my money back but i am unsure where i stand due to the 30days notice.

I'm a bit miffed as they never informed me about the product being out of stock until i got in contact with them, in fact its still listed for sale on their website. I would have thought 30days should have been from the date i was informed.

I guess I have to suck it up?
 
wilber said:
Hi folks,

I purchased 2 items from an online retailer before christmas(17th December). One of the items arrived and the other did not. I contacted the seller on the 23rd to ask about the other item. The seller only then informed me that this product was out of stock, and asked if they could send me an alternative one.

With Christmas festivities etc i forgot all about this untill today.

I checked my accounts and I paid for both the items and still only recieved one.

I emailed them earlier today to ask when i will be recieving the product, i was told that due to not reponding to the last email they where unsure on how to rectify it, they again have offered me to select a different product as the product i ordered will not be restocked untill september.

So i replied asking for refund. I had this response

"Unfortunately, because you have notified us over thirty days later, we will not be able to action a refund at this time. I understand that this will be a disappointment for you, but the only alternative I can suggest is that we issue a credit note for use on line."

I would like my money back but i am unsure where i stand due to the 30days notice.

I'm a bit miffed as they never informed me about the product being out of stock until i got in contact with them, in fact its still listed for sale on their website. I would have thought 30days should have been from the date i was informed.

I guess I have to suck it up?
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If you've not received the item I would expect a full refund. They're quoting the Consumer Rights Act but surely this isn't relevant if they've failed to fulfill the order?

That would be my take.
 
a)Take the other product if still an option then return it for a refund...
b) ask them wtf they are doing charging you for something you never got.
c) suck it up for being late

either of those should work
 
Did you pay on a credit card? If you did, I'm sure they'd be willing to dispute the transaction.
 
I would have thought by not delivering any item they have not completed the sale, so you're entitled to your money back. It seems no different to a store accidentally charging you twice for an item, and you not realizing until 6 weeks later. Would they say they can't give a refund in that case, only a voucher? I doubt it.
 
What are they talking about 30 days notice? There's no such thing, you are the customer not the retailer! What is the company? Contact the MD / CEO.
 
"There is a default delivery period of 30 days during which the retailer needs to deliver unless a longer period has been agreed.

If your delivery is later than agreed and it was essential that it was delivered on time, then you have the right to terminate the purchase and get a full refund.

If the delivery isn’t time essential but another reasonable delivery time can’t be agreed, you’re also within your right to cancel the order for a full refund."
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There is no time limit for the buyer - you can expect a full refund at any time the only exception is the 30 days chance the seller gets to fulfil the contract.
 
The 30 day thing is internal policy that does not stand up to scrutiny.

You have ordered Product X. They cannot supply Product X. They must supply a refund.
 
you had a contract with them for item x
item x not supplied = refund
and notify them that you will be charging interest on the money they owe you

and how can they give you a credit note for something they havent supplied
 
Dispute it on Paypal so you can waste their time just like how they have wasted yours
 
As above still well within the PP dispute time, raise it they've got no case for PP not to give you the money back.
 
Dispute with paypal and kick up a fuss where you can. When you raise the dispute, include screenshots of the messages between you and the seller.

Who was the retailer out of interest?

Maybe i should start selling exact replicas of the Delorian online for £10,000, then tell customers it is out of stock, then proceed by issuing store credit and a suggestion to purchase the only alternative product i also sell; a wet napkin.
 
Just tell them that by not delivering the item that you had ordered they have failed to fulfil the contract. An alternative item, nor credit in their store is not what you ordered, and you now demand to be refunded in full.

The 30 days window is irrelevant, i believe you have up to 6 years to claim the monies owed - although i wouldn't recommend waiting this long.
 
Open up a claim in paypal then, if you didn't get part of it. Given you informed them soon after, it's not like you're trying to pull a fast one of them (And they themselves admit that they didn't/can't send it).
 
As above just open a dispute with PayPal, you have like 6 months to do it. They will ask the seller for tracking information and as they can't provide it they will side with you by default and refund your money.
 
I would respond with the following:

Hello,

I understand you have a policy around a 30 days to issue refunds, however, as you have been unable to supply the product as ordered, you are currently in breach of contract and are legally obliged to refund me what was paid. Your policy is irrelevant in these circumstances. Please refund me the order cost in the next 7 days otherwise a refund will be sought through the payment provider.

Regards,

wilber
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