Items not received - can company claim no responsibility?

[Ijustworemytrenchcoat]

I ordered some goods online at the end of September and paid via PayPal. The items were made to order so the website stated there would be a delay between payment and receipt, I was fine with this.

After about a month I contacted the company via the 'contact us' option on their website and received no reply. I let it lie, but just recently contacted them again via email this time stating I hadn't received the items or even any idea of timescale/dispatch. I received a reply saying they were sorry I hadn't received my goods but 'As stated on our website we do not take responsibility for any orders once they have left us, unless the extra tracking costs were covered'. They also said they have recently started to send dispatch emails.

Can they just absolve themselves of all responsibility? It sounds like they are blaming me, I can't afford to lose out. I have ordered prior to this with no issue just for info.

Unless you arranged collection, they are responsible - raise a dispute with paypal, they will need to provide proof of delivery.

Yes, CD is correct, open a PayPal dispute.

definitely paypal chargeback
if they did not send trackable you will get your money back

Hi, thank you for the replies, sorry for the late reply I've been out for the day.

I will open a dispute. I feel bad for leaving it so long but because I was expecting a delay for one of the items and I never received a dispatch email I assumed a production delay at their end.

Firstly, I guess you didn't receive one of their dispatch emails. If this is the case, they didn't confirm dispatch to you which makes you wonder if items sent. As said by others, they need to provide proof of posting - costs nothing for PO to provide.

No they can't - if they can prove it was dispatched they can claim it back via insurance from the carrier company as "goods lost in transit".

They are liable with the carrier company, both should have insurance to cover such things.

I suspect the company is not reputable. Report them to Paypal.

I don't think they sent a dispatch - they said they have since changed their web service provider and now send dispatch emails. I don't think it is on to just say unless you pay £3 extra for tracking it's tough luck if your parcel goes missing.

They are a small company, I ordered from them once before and received my goods, but they also have on their website all sales are final and no refunds. Not very customer friendly.