Legal rights when buying Gold online

[Goldmiester]

Ordered something online which never arrived. Retailer has made a claim with delivery company. Retailer saying they have to wait until the claim is processed before they can refund me. As far as I'm concerned that's thier problem, my contract is with them and they have not fulfilled thier side of the deal by sending me the goods I paid for. Am I correct in this thinking (legally) or should I wait?

It has been 20 days since the estimated delivery date.

[Arganto]

I imagine they have a procedure to follow to ensure the claim is genuine, going through the claims process with the courier would highlight any issues (confirmed delivery etc). Twenty days sounds a lot but depending on the company it may be "par for the course". Is it a big dealer that is recognised by the TSF crew? If so you should be fine, if a bit frustrated. 

I hope it works out okay.

[Goldmiester]

7 minutes ago, Liam84 said:

I imagine they have a procedure to follow to ensure the claim is genuine, going through the claims process with the courier would highlight any issues (confirmed delivery etc). Twenty days sounds a lot but depending on the company it may be "par for the course". Is it a big dealer that is recognised by the TSF crew? If so you should be fine, if a bit frustrated. 

I hope it works out okay.

Yes its a reputable dealer. I guess I'll have to wait then. Thank you for the kind words.

[Arganto]

It wouldnt hurt to send an email or recorded delivery letter chasing it up, just in case it's slipped down the job list (what with all the palaver going on they may be short staffed and not dealing with things as quickly as they may otherwise be able).

[Goldmiester]

7 minutes ago, Liam84 said:

It wouldnt hurt to send an email or recorded delivery letter chasing it up, just in case it's slipped down the job list (what with all the palaver going on they may be short staffed and not dealing with things as quickly as they may otherwise be able).

Yes I've chased up today. The delivery company has said there has been delays due to Covid. The retailer has rasied a complaint with the delivery company, so hopefully that should speed things up.

[sovereignsteve]

If it's a business retailer/dealer I would imagine as long as your claim that it didn't arrive is confirmed by the tracking information, you should be instantly refunded.
As you say, your contract is with them. If they can't supply the goods they should refund you. If they don't use a reliable courier that is their problem.
Having had a few issues such as this, and also had a couple of negative results when trying to claim from couriers, I would insist on your rights with the retailer.
What they are saying in essence is, if they are not successful in their claim with the courier, they will try to get out of refunding you.

It shouldn't be your problem.

[Goldmiester]

9 minutes ago, sovereignsteve said:

If it's a business retailer/dealer I would imagine as long as your claim that it didn't arrive is confirmed by the tracking information, you should be instantly refunded.
As you say, your contract is with them. If they can't supply the goods they should refund you. If they don't use a reliable courier that is their problem.
Having had a few issues such as this, and also had a couple of negative results when trying to claim from couriers, I would insist on your rights with the retailer.
What they are saying in essence is, if they are not successful in their claim with the courier, they will try to get out of refunding you.

It shouldn't be your problem.

You've outlined my thinking exactly. This is why I need clarity on my legal standing. Another point is that I paid via Bitcoin, not sure if this changes anything in way of my legal rights.

[AndrewSL76]

1 hour ago, Goldmiester said:

Ordered something online which never arrived. Retailer has made a claim with delivery company. Retailer saying they have to wait until the claim is processed before they can refund me. As far as I'm concerned that's thier problem, my contract is with them and they have not fulfilled thier side of the deal by sending me the goods I paid for. Am I correct in this thinking (legally) or should I wait?

It has been 20 days since the estimated delivery date.

You have a contract with them and this should stipulate and clearly set out the process to be taken in situations like this. 

What does the contract say?

[Goldmiester]

2 minutes ago, AndrewSL76 said:

You have a contract with them and this should stipulate and clearly set out the process to be taken in situations like this. 

What does the contract say?

When I mentioned contract, I have not been provided with a literal contract. I was referring more towards my legal rights when dealing with the retailer. There is nothing on the retailers website about a situation such as mine.

[AndrewSL76]

17 minutes ago, Goldmiester said:

When I mentioned contract, I have not been provided with a literal contract. I was referring more towards my legal rights when dealing with the retailer. There is nothing on the retailers website about a situation such as mine.

They should have a published policy on delivery. They should have other (perhaps unpublished) policies on arising issues with deliveries. Ask. Ultimately, they have to have some form of policy for when deliveries are not completed and contracts are not fulfilled. What would they say to the country court in the event a small claim was lodged? The court would expect to see policies. 

[AndrewSL76]

Just to add that most policies are set out within terms and conditions. There will be/has to be something in there. 

[CollectForFun]

As previous post says - check terms and conditions of the seller.

And maybe to comfort you a bit - I am currently awaiting delivery from the Netherlands and as per the tracking records of the Dutch Post, it took them 11 days between receiving the parcel and shipping it out of the Netherlands..! So postal delays are perhaps inevitable these days and should be expected.

[Hunter87]

Im sure it will arrive eventually. I’ve had lots of items not arrive for a couple of weeks due to covid.

[Goldmiester]

Thank you for all the replies. In particular a huge thanks to @AndrewSL76 who has been immensely helpful in PMs.

[Stuntman]

Has the order actually been despatched, or are you still awaiting despatch?

[Goldmiester]

3 hours ago, Stuntman said:

Has the order actually been despatched, or are you still awaiting despatch?

Dispatched in early Jan.

[Goldmiester]

Due to some brilliant advice and an expertly crafted email by @AndrewSL76 I now have received a full refund. Thank you!

[AndrewSL76]

You are too kind, Goldmiester, I have a feeling that you would have been OK anyway!

Nice start to the weekend!