[BYF]

I bought an item on the internet that wasn't delivered, and received no attempted delivery card or phone call, the item has now been returned to the company I purchased it from.

They now want either £10 to resend the item (delivery was free the first time) or they will refund me and deduct £10.

Can they do this?

There's nothing on the website that suggests this or in their T&C.

However there is a £10 fee for returned items, but this isn't a returned item.

Even if I give them £10 for it to be resent there's no guarantee it will be delivered and it could be returned to them again and there want another £10.

I've been trying to find some consumer laws/rights on this but struggling.

Any ideas?

[andykn]

Name and shame.

From the DTI guide to businesses on Distance selling regualtions (DSRs):

"Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract."

Make sure your cancellation is in writing, email will do.

[BYF]

Ah ha! that looks an interesting paragraph, trouble is it doesn't mention undelivered items only those lost or before delivery is attempted.

I've been looking through the DSR stuff, but can't find anything for undelivered items.

[andykn]

Originally Posted by BYF

Ah ha! that looks an interesting paragraph, trouble is it doesn't mention undelivered items only those lost or before delivery is attempted.

I've been looking through the DSR stuff, but can't find anything for undelivered items.

Treat it as if you refused the delivery and cancel. You can always re order if you can't get it at a similar price from a more reasonable supplier.

[itsalive]

do you know which courier firm did they use?

[SteveTDCI]

it should be with the company you purchased the item from and the courier company to sort out between them, we send a few hundred parcels out per day and usually the customer is carderd, very rarely does the parcel come back. You will find its usually down to a driver that cannot be bothered to deliver the parcel. Saying that if the company want to recharge you for delivery there customer service isn't brilliant.