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Vendor sent cancelled order and changed their mind about return

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  • Vendor sent cancelled order and changed their mind about return

    I made an expensive product purchase online and it stated it was next day delivery.

    The vendor emailed me and said it would actually be 2-4 days instead and I agreed. Days went by with tracking info not being updated and false promises of delivery days. 10 days went by and in this time I requested a cancellation multiple times.

    The vendor agreed to cancel and refund me the same day, but the next day the courier had it and said they would deliver it. The vendor said it was their mistake and they would happily accept a return for a full refund.
    However, once it was delivered, they then proceeded to avoid giving me their return address for a few weeks. Obviously it was intentional. They made excuses and then started ignoring me.

    I filed a PayPal dispute but accidentally selected the wrong one; “item not received.” I phoned PayPal who were understanding and even provided me with his return address as they knew the vendor would automatically win the dispute but agreed I had been screwed over.
    The vendor then told me that because I had filed a “fraudulent claim” they would no longer honour the return “as per their terms.” There’s no indication they were going to honour it anyway, but I checked the vendors terms and conditions and there is nothing relating to PayPal claims voiding a return.

    So, to summarise, I cancelled the order before dispatch, they dispatched it anyway, and then refused to honour the return they promised. I told them they are forcing me to go down the small claims route and their negative reviews showed they had been sued before by a previous customer, but they branded my email “abusive” and “ threatening” and said I have no legal standing. I have all of this in 40 odd emails. It’s absolutely unbelievable and never experienced anything like it.

    Do I have any legal right to my refund via small claims?
    Thank you for your time,
    JM
    Tags: None

  • #2
    yes.
    Lawyer - retired from practice, now in academia. I do not advise by PM.

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