Online order, faulty, ( item missing)

  jes x 21:35 23 Jul 2008


I ordered a pump and filter from an small online petshop and received it next day.

When I opened it I noticed that a part on the filter was faulty so I contacted them to explain the problem.

They told me that they would sent out to me a replacement part and for me to return the faulty part.

I waited over 1 week for the part but it did not arrive so i telephoned them to explain that I was fed up waiting so I was returning the whole delivery back to them for a full refund. They agreed and asked me to send it via the Post Office.

I posted it on the 11 July.

On the 18 July I telephoned them to see why they still had not refunded my money back to my credit card. They told me that they have not received any parcel from me yet.

I have checked on the Parcel Force website and the tracking info says it has been delivered and signed for.

What happens if I contact them tomorrow and they still say that they have not received it and no such person exists who signed for it ???


jes x

  Pamy 22:18 23 Jul 2008

Copy info off Parcel Force Website and sed that to them

  spuds 23:42 23 Jul 2008

Do as Pamy suggested, and send a copy of the delivery information. Also under consumer law,the company have 30 days in which to give refunds.

  Forum Editor 01:08 24 Jul 2008

of the Distance selling regulations the failure of a consumer to return goods after cancelling the distance contract does not permit a supplier to delay in making a refund. Your right to cancel is absolute, and the supplier cannot withold a refund because goods haven't been returned.

A consumer who cancels a Distance contract is under a legal obligation to restore the goods to the supplier, and to take care of them pending agreement with regard to collection or return. Your duty of care ends when you deliver or send the goods to the supplier at your own expense, but the law says that the cost of return must be borne by the supplier in the case of faulty goods. In that case you have a duty to exercise reasonable care to ensure that the goods are received by the supplier. If you don't take reasonable care then the supplier may have a claim against you for breach of statutory duty.

The fact that the supplier asked you to send the goods back via ParcelForce, and that you did so, seems to me to confirm your exercise of reasonable care, and in my opinion the supplier has no grounds for witholding a refund.

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