Online store refusing to give refund

Mull3t

Mull3t

Mull3t

Soldato
Joined
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Leicester
really struggling to find an answer to this as to where I stand with consumer law in the UK. I bought some goods online from The Entertainer, when they arrived the packaging was severely damaged and I returned the next day (25/01) using their nominated returns company via Hermes (labels etc printing from Entertainer website). Fast forward to this week the tracking details still state the item is sitting at the national hub and hasn’t changed status since 26/01.

No one can tell me where the return is and The Entertainer are refusing to give me a refund (£210) until the goods arrive back to them.

I have contacted Hermes and the Nominated returns company for The Entertainer (Inteligent returns) who advise they cannot find the parcel but can see it has been checked in at the national hub.

Surely I must have some rights as a consumer, it’s nearly been 4 weeks since I sent the return off and no clear deadline has been given as when this can be resolved.

Any advice or anyone know of some details I can read though to build a case to get my money back?
 
File a lost package claim with Hermes .... did Hermes already suggest that ?
obviously seems a pity you only realised it had not arrived a couple of weeks later, although you have the postage receipt to present to enntertainer

edit: since it seems was their free returns
https://www.hermesparcelreturn.co.uk/terms-and-conditions/Free-returns-delivery-service.html
7. LIMITS TO OUR LIABILITY
Any claim which you make for Loss or Damage or Late Delivery shall be subject to the terms and conditions which you have agreed with the Retailer and we shall not be liable to you in anyway. This is because you have contracted with the Retailer and not us for the provision of the Services.
8. CLAIMS FOR COMPENSATION
8.1 You must notify and deal directly with the Retailer if you wish to make a claim for Loss or Damage or Late Delivery. For the avoidance of doubt, this is because you have contracted with the Retailer and not Hermes for the provision of the Services.
8.2 Please see our FAQs page giving contact details for each Retailer.
 
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You will not get anywhere with Hermes and if they do offer compensation it will be around £20, but as the parcel hasn't been lost for more than a few months they won't bother accepting any claim, been through that process far too many times as a retailer and we stopped using them because of it.

If you paid by credit card, section 75. If you paid by debit card, look in to doing a charge back. I've used both processes in the past, one for goods not received and refund refused and another for goods not satisfactory quality which the seller refused to refund.
 
I used Paypal? Should I go through the process with them to try and get my money back?

Haha nah wasn’t Lego.
 
If you used Paypal the process should be even easier, talk it though with them on the phone and explain you've returned goods using their (retailer) service and they are not refunding you.
 
I recently paid using amazon pay to the entertainer, safe to say thei dont know their ring piece from their elbow.

Over a month to receive a refund.

Never again
 
PayPal will ask you to prove the return was delivered to the seller. You MIGHT get a refund from PayPal still from their funds.

Duty of care for the item is still with you until the seller receives it back.
 
Steeps said:
If you used Paypal the process should be even easier, talk it though with them on the phone and explain you've returned goods using their (retailer) service and they are not refunding you.
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Nice one will bell them tomorrow, just contacted Entertainer through PayPal to keep it documented there too.
 
Vanquish-Storm said:
Duty of care for the item is still with you until the seller receives it back.
Click to expand...

Surely that depends on who arranged the courier? If the shop did (as it appears from the OP) then I can't see how it wouldn't become their responsibility as soon as you hand the goods to hermes who are acting on their behalf. The OP has no contract with hermes, only with the shop, and has provided the goods for collection as agreed.

If I buy something from you on ebay and send a mate round to collect it, it's not your problem if my mate smashes it up or loses it on the way!

Should hopefully be relatively easy to claim via PayPal, as long as you are able to prove the goods were collected.

Obviously if the OP arranged the courier, then he should chase it up with them, and if he hasn't purchased the appropriate insurance/compensation then its an expensive mistake to make!
 
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Haggisman said:
Surely that depends on who arranged the courier? If the shop did, then would it not become their responsibility as soon as you hand the goods to hermes who are acting on their behalf? You would have no contract with hermes, only with the shop.

Should hopefully be relatively easy to claim via PayPal, as long as you are able to prove the goods were collected.
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Not necessarily, you could drop anything off with Hermes. Until the seller receives the item back the duty of care is with the buyer. Although I can't actually find any legislation on this in the newer Consumer Rights Act.

And as I say PayPal might ask for proof the return was actually delivered to the seller.
 
Haggisman said:
Surely that depends on who arranged the courier? If the shop did (as it appears from the OP) then I can't see how it wouldn't become their responsibility as soon as you hand the goods to hermes who are acting on their behalf. The OP has no contract with hermes, only with the shop, and has provided the goods for collection as agreed.

Obviously if the OP arranged the courier, then he should chase it up with them, and if he hasn't purchased the appropriate insurance/compensation then its an expensive mistake to make!
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Pretty much this, If the OP arranged the shipping and paid for it, it's down to them to sort it out until it arrives.
If it was organised and paid for by the shop then the courier is their agent and once it's handed over to the courier it's their problem.

And if you posted a brick then they won't refund you. :)
 
I think that the question is did the OP pay for the return and contract Hermes or did the Vendor (or their nominated agent)? The OP says that they printed the return labels from the Vendors site which implies that the contract with Hermes is on the Vendors side (if they were pre-paid return labels) not the OP ... hence the issue would be the Vendors.
 
Mull3t said:
I used Paypal? Should I go through the process with them to try and get my money back?

Haha nah wasn’t Lego.
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i went through paypal when yodel lost my faulty nas drive the retailer involved were not helping at all wasn't there problem kind of attitude, i was refunded quickly by paypal.
 
Vanquish-Storm said:
Who is scamming who?

If the return is tracked as delivered to the seller what's the issue?
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What's to stop the seller using a dodgy courier to collect the item and then "lose" it en route?

Probably not what's happened in this case since hermes are a... *ahem* "reputable" courier, but if a company were to insist you could only use their (dodgy) courier for returns then what are you going to do?

I really can't see how the OP can be held responsible for what someone hired by the shop has done with the parcel after it has left his possession
 
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