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Author Topic: Advice sought for returning item for refund.  (Read 973 times)

tt1

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Advice sought for returning item for refund.
« on: January 21, 2011, 03:49:35 PM »

Could anyone please advise the correct procedure, and any possible pitfalls, for returning an item which is not what was ordered?

I had ordered what was to be a Christmas gift for my grandson and immediate payment was made via Paypal. Confirmation of payment was received from Paypal but was advised by them that no order number or delivery date had been advised. A couple of days passed by and went back to the sellers website only to find the item ordered was now showing 'out of stock'. 
        I attempted to contact the seller to ascertain whether I would receive my order, what the order no. was etc, etc, but to no avail.  Within the week however a parcel arrived but with a completely different item to that which I had ordered.
After frequent attempts by phone I eventually managed to contact the seller and explained the situation and requested a return slip, I was advised that one would be put in the post.  After allowing 2 weeks for Christmas and New year to pass, still no slip, I sent an email but this and subsequent phone messages were ignored.
Phone contact was finally achieved again a week later but was now advised "we don't post them we send them by email - you'll get one in a few minutes" I confirmed my email address.
        Nothing had arrived 2 days later so another email was sent and this again was ignored.
I have now entered into dispute using the Paypal service whereby the seller finally responded saying he had sent three emails and suggested I have the wrong email settings or I do not know how to open attachments. My obvious reply was to point out the receipt of emails from Paypal and perhaps it would be simpler to post one to me - (do I have a printer?)   The sellers latest and total response via Paypal is "just send it to this address" xxxxxxxxxxxxxx.
      My dilemma is who pays postage? If I pay how do I get recompense? what if the item is or claims to be damaged upon return?  I haven't had and don't expect an apology from the seller - I have doubts as to what I should do.  Advice would be gratefully received.
        Regards, Tony.   
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The long Build

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Re: Advice sought for returning item for refund.
« Reply #1 on: January 21, 2011, 05:57:46 PM »

Re the emails, although It sounds like they never sent one have you checked your spam files, do BT have off site spam files Like Ntl/Virgin Media where some spam emails do not get sent but are kept in a seperate file.
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yorkiej

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Re: Advice sought for returning item for refund.
« Reply #2 on: January 22, 2011, 01:44:32 AM »

Tony, just maintain your PayPal dispute and get your payment back.
They appear to be trying to get you to give up.
You have had enough of their delaying tactics do not send postage or any other payment. You should not pay anymore than you have already paid.
When you purchased the item, you entered into a contract with the seller. The seller has failed to perform the contract and you are entitled under PayPal rules to have your payment refunded.
Under one of the Postal/Delivery Acts, forgive me I cannot remember which, if you receive something which you have not ordered, all you have to do is tell the sender that they have seven days to collect it from you. If they do not then you are entitled to put it in the bin or otherwise dispose of it.
If you have any bother, just let me know and I will dig out the Legislation for you to quote. I know this as I have used it before some 14 years ago..
If they mess about as you have indicated, they are not worth the effort.
Hang on until the dispute has run its course and get your money back.
Cheers
John
 <*< <*< <*<
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yorkiej

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Re: Advice sought for returning item for refund.
« Reply #3 on: January 22, 2011, 01:53:13 AM »

Tony,
Here is the necessary legislation:-

Unsolicited Goods and Services Act

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf. This includes wrong goods despatched.

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department, whose details can be located from http://www.tradingstandards.gov.uk/.

taken from the DTI website.

Cheers

John :-)) :-)) :-))


http://www.dti.gov.uk/ccp/topics1/unsolicited.htm
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funtimefrankie

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Re: Advice sought for returning item for refund.
« Reply #4 on: January 22, 2011, 09:12:07 AM »

Isn't it the distant selling regulations that should be applied not unsolicited goods.
Paypal is your best bet for a refund....
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justboatonic

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Re: Advice sought for returning item for refund.
« Reply #5 on: January 22, 2011, 11:58:11 AM »

Isn't it the distant selling regulations that should be applied not unsolicited goods.
Paypal is your best bet for a refund....

Yes but the DSR's do not cover ebay items. The OP doesnt say whether the items were ordered via ebay just that they were paid for via Paypal. Im not certain whether the DSR's cover Paypal off the top of my head.

Normally any goods can be rejected without reason under the DSR's within 7 days of receipt and upto 3months and 7 days if the selling organisation does not provide the right to cancel in a 'durable medium.' Note, the DSR's and OFT's interpretation of durable medium does not include the RTC which is on the selling organisation's web site together with instructions to 'print these out.' This is  a breach of the DSR's \ OFT and you'll find many businesses fall foul of this.

The OP does not need to send the item back to the selling organisation. He can keep quiet for 3 months and keep them free of charge or write and tell them to come and collect.

I'd suggest the OP raises a paypal dispute and contacts his local Trading Standards to determine if the DSR's include paypal.
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tt1

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Re: Advice sought for returning item for refund.
« Reply #6 on: January 22, 2011, 08:15:05 PM »

Hello again and thank you to The Long Build, John, funtimefrankie and justboatonic for replying and for your advice. Regarding Long Build's very valid point (of which I was not aware and have just been advised same by a close friend) I have found such a file on my server's site and as described found emails that were not spam that I should have received, however, there were none from the seller in question.

The item was ordered from what I would call "a normal UK website" and not from Ebay.

Could I ask justboatonic what is the - RTC ? I get the general idea but am not totally ofay if I'm honest.

I don't want to go off like a loose canon, doesn't normally get you anywhere, but I feel so miffed at being treated with such disregard and in hindsight I now have doubts if the item was ever in stock at the time of ordering even though I had checked with the seller BEFORE placing my order.  It may be that an alternative was sent on the assumption that as it was so close to Christmas it would be accepted knowing that it was to be a gift and would not be time to exchange it - not sure what to think.

        Just to say thanks again for your help, kind regards, Tony.
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