Need advice

  Revoque 15:49 15 Apr 2006

Five weeks ago I ordered a new graphics card from a well known UK e-tailer but they put an incompleet address on the package and it evenually came back to them without I ever recieving the package. I now have three disputes with them,
First- I rang them and they agreed that they would resend the item as soon as they recieved it back,but when they recieved the item they e-mailed me saying that they RMA'ed the item and I would recieve a full refund and I could re-order the item.

Second- Because the item was on special offer the first time i ordered it I would now have to pay over forty pounds more for it if I reordered it.

Third- When I recieved my credit card statement I noticed that they did not refund the full ammount, so contacted them about this and the said that they do not refund shipping costs, even though it was their mistake and I never recieved the item in the first place.

They are not budging on any of these issues, is there anything i can do or any further action I shoud take?
would appreciate any advice.

  spuds 16:13 15 Apr 2006

It appears by what you have stated, everything points to the sellers bad customer service.

If they had taken money from your credit card account for the item, then they have a contract to supply the item, and as such they should honour the agreement.

Giving you a partial refund through a fault of their making is a definite no-no.

Contact Consumer Direct or your local Trading Standards or Consumer advisory office for more help. Consumer Direct click here

  Revoque 16:23 15 Apr 2006

Thanks for your reply spuds, one thing I forgot to mention is that I dont live in the UK, do you think Trading standards or such would still look into it fo me, maby on the basis of the Distance Selling Directive ?

  Stuartli 16:38 15 Apr 2006

Contact your credit card company immediately and explain the situation in full.

  ade.h 17:07 15 Apr 2006

It may be worth informing the Trading Standards office that looks after the area in which this store's head office is located. It should at least be interested to know.

  anchor 17:18 15 Apr 2006

As Stuartli said, contact your credit card company ASAP.

I have no idea what the law is in your country, but in the UK the CC company is equally liable.

  spuds 18:03 15 Apr 2006

This can be a little complicated, due to you living outside the UK. Trading Standards in the area of the seller may have a connection to the seller, and as such, they may offer limited help perhaps. If your card is registered with a UK credit card company, then section 75 of the Consumer Credit Act 1974, will offer further help on correcting the problem.The UK credit card company as 'equal liability', and as such, it is as much their problem as yours (depending on value of item). If you live within the EU, then again, you may get some help, as the law as recently expanded the borders regarding credit card transactions.

But I would consider Stuartli's suggestion first, and contact your credit card company,and seek further advice from them.

I would suspect that the item, being on special offer, plus 'overseas' postage, as made the sale rather expensive in the sellers eyes, hence their actions.

  Forum Editor 18:11 15 Apr 2006

a parcel is considered to be 'at the sender's risk' until delivered, and in the UK the supplier would be liable to replace the item without question - particularly as payment had been taken. A contract existed to supply an item, and the contract has not been fulfilled - there would be no question of you having to meet shipping costs.....provided you gave the correct delivery address in the first place.

In view of the circumstances you may not be able to pursue the matter of the replacement item, as a refund has been made, but you should certainly expect your shipping cost refund. The fact that you live outside the UK means that you would have to take action in the UK courts to recover the money if this company won't make the refund. The advice that you contact your card provider is good, they are your best bet, but don't hold out too much hope.

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