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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think this (online) shop should refund me

151 replies

mrsfoof · 30/08/2022 16:32

I bought some things online at the end of May. I paid for first class post and got an email to say the order had been sent the next day. I've just realised that it never arrived so contacted the seller (an online shop, not Amazon / eBay) to ask for a refund.
The seller is refusing to refund because it's been 3 months and this was the first time I'd been in touch. Their reason is because it's too late for them to claim from Royal Mail for the lost parcel. That seems unfair - it's not my fault they can't claim anymore and I've not got the stuff I ordered.
Any ideas? Can I take them to court (seems a bit extreme as the order value was only £50 but I can't afford to lose this)? Annoyingly I didn't pay with PayPal.

OP posts:
acrobatcaviar · 30/08/2022 17:05

You can do a chargeback within 120 days since the value was under £100.
But it'd be pretty cheeky when it's taken you this long to realise (and the delay now means the seller won't be able to claim it back).

PurpleMarie · 30/08/2022 17:06

mrsfoof · 30/08/2022 16:48

I don't want to out myself but the items I ordered relate to my job (but ones I pay for out of my own pocket) and I've had a couple of months off which is how I forgot about it.

Lol. So you’re a teacher.

gogohmm · 30/08/2022 17:06

Yabu why should they be out of pocket because you failed to inform them? Also they only have your word they haven't arrived

mountainsunsets · 30/08/2022 17:07

Of course it's your fault.

I sell stuff online. If a customer approached me after three MONTHS and claimed an order hadn't arrived, I'd think they were trying it on.

Sugarplumfairy65 · 30/08/2022 17:09

Quartz2208 · 30/08/2022 17:02

I think to be fair you might as well just say teacher as it is the job that fits!

Did you pay for it on credit card?

Have you asked for it to be resent rather than a refund

Why should the online retailer replace the item ?
Its too late for the retailer to claim from royal mail so why should they replace the item and be out of pocket?

SliceOfCakeCupOfTea · 30/08/2022 17:10

It is literally your fault

HangOnToYourself · 30/08/2022 17:10

Your code isnt exactly hard to crack, you are a teacher...hardly outing there are a fair few of them in the country 😂

chillipenguin · 30/08/2022 17:11

it's not my fault they can't claim anymore yes it is.

chillipenguin · 30/08/2022 17:12

HangOnToYourself · 30/08/2022 17:10

Your code isnt exactly hard to crack, you are a teacher...hardly outing there are a fair few of them in the country 😂

Yeah I'm going teacher or other school worker

SDTGisAnEvilWolefGenius · 30/08/2022 17:14

@mrsfoof might have been on sick leave or maternity leave - not necessarily a teacher.

VeridicalVagabond · 30/08/2022 17:14

YABU

Not their fault you took 3 months to notice. It's also not their fault that you were off sick. Yes it's unfortunate, but refund policies can't just be extended indefinitely forever to account for people being sick or forgetful.

BryceQuinlanTheFirst · 30/08/2022 17:20

Sorry but if I was the small retailer I would think this is really dodgy. Why should they be out of pocket? They can't claim with rm as you didn't tell them.

rainbowmilk · 30/08/2022 17:25

You clearly can afford to lose the money as you didn’t notice you’d not received the goods, and taking them to court would cost a lot more than £50.

You may be able to file a chargeback with your bank.

Hiddenvoice · 30/08/2022 17:31

Sorry but it’s not the company’s fault that your item is missing. It’s a shame you forgot about it but they are right saying they can no longer claim it so they will lose out. I know it’s neither of your faults but shame for them to produce a product and be further out of pocket to refund you the money, especially if it’s a small business.

Novum · 30/08/2022 17:56

HaveringWavering · 30/08/2022 17:04

Total rubbish what everyone has said. You ordered and paid for an item and you didn't get it. They are in breach of contract and owe you a refund. Unless their terms and conditions say something like "all non-delivery must be notified within 30 days" then of course you have a right to a refund. It's unfortunate that they can't now claim from Royal Mail but, bluntly, that is their problem not yours.

Would you be happy with a replacement item?

Thank goodness for someone with some sense. The sellers chose to send their goods via a service that has a three month time limit and didn't choose to track delivery. Unless there is a specific term about notifying within a time limit, then they have to accept the downsides of the delivery method they have chosen.

KrisAkabusi · 30/08/2022 17:58

That seems unfair - it's not my fault they can't claim anymore and I've not got the stuff I ordered.

If it's not your fault, please explain why it's their fault!

Novum · 30/08/2022 17:58

Floralnomad · 30/08/2022 17:04

YABU , it’s not the company’s fault that the item has been lost in the post and why should the company be at a monetary loss because you didn’t check within the time frame for claiming . Your loss I’m afraid .

It's not OP's fault that the item is lost either. In fact, we don't even know whether the seller actually dispatched it.

The company chose this method of delivery, so it's down to them.

Novum · 30/08/2022 17:59

Sugarplumfairy65 · 30/08/2022 17:09

Why should the online retailer replace the item ?
Its too late for the retailer to claim from royal mail so why should they replace the item and be out of pocket?

Show quote history

Because they chose to use Royal Mail, and didn't choose to track delivery.

FlissyPaps · 30/08/2022 18:01

Nope sorry OP, they should not refund you.

It was your responsibility to contact the company/seller when you did not received the item within the stated ETA.

mountainsunsets · 30/08/2022 18:07

Novum · 30/08/2022 17:59

Because they chose to use Royal Mail, and didn't choose to track delivery.

Show quote history

And OP chose to use them regardless.

If you want tracked delivery, use a company that offers it.

Ineedsleepandcoffee · 30/08/2022 18:09

Novum · 30/08/2022 17:59

Because they chose to use Royal Mail, and didn't choose to track delivery.

Show quote history

Often there is an option to choose different delivery options so we don't know if this was solely the seller's decision

Regularsizedrudy · 30/08/2022 18:38

Yabu

HaveringWavering · 30/08/2022 18:41

People here have zero understanding of the law. In essence, unless clearly stated to the contrary in the sale agreement, risk in the item remains with the seller until it is handed over to the purchaser.

The delivery company is the seller's agent and its errors are imputed to the seller.

The primary contractual relationship is between buyer and seller. If the seller does not uphold their end of the contract they have to refund or replace the item.

They can then claim their outlay back from the delivery company but they absolutely cannot rely on any term of their contract with the delivery company as a reason not to accept the purchaser's claim for non-delivery. If the delivery company places a time limit on notification of claims, it is up to the seller to reflect that same time limit in its primary contract with the buyer (what we call "back-to-back"). If they did not do this then it's tough luck.

OP I would not recommend waiting this long but you literally have 6 years to claim.

Ariela · 30/08/2022 18:55

All Royal Mail post now has a bar code and tracking number (unless a tiddly business using stamps).
Go back to the retailer and ask for the tracking number. It will at least say if it has been delivered or not - try your neighbours perhaps? It'll give a date and time if it was delivered - check your diary where were you? Plenty of folk on here moaning nobody has called to collect their good they took in.

ParvuliThankYouDebbie · 30/08/2022 18:56

If the seller has said they can no longer claim that implies they would have been able to claim if it had been within 80 days. And that implies they met the criteria, ie they have proof of postage or a tracking number. Have they provided either of these to you so you know whether the parcel was actually sent or not?