UK Guitar Shop holding me to ransom

Slunky1

Hi Folks, Apologies if I'm in the wrong place for this but I'm in desperate need. Basically I have brand bought a brand new Amp and Cab from a guitar store a few months ago and basically parcelforce didn't even try to correctly send me my product. There are two packages, one for the head and one for the cab. Basically the Cab is missing, but listed as having been delivered. Even though the photo for delivery isn't my address. The head has been returned but is damaged. The shop is holding me at arms length saying I just have to wait for Parcelforce claims to come through before they can refund me anything. They putting the emphasis that they can't return for a damaged item or an item that "has been delivered". I'm slightly unsure of my rights, can anyone help me please? The reality is I haven't returned them a damaged item because you can't return something if it's never been with you. I'm just in limbo waiting for some returns claim. What happens if Parcelforce reject my claim? Am I just out of pocket? Surely this isn't right.... If there's someone who can help me with basic knowledge of my rights I'd be very grateful. 

Thanks!

Sporky

If you paid by credit card, get them involved. 

Gassage

Your contract is with the retailer.

You have no contract with the courier.

Consumer Rights Act makes the retailer responsible for the good condition and safe delivery of your order.

By saying that, you are expected allow a fair and reasonable time for this to be investigated- say 2-4 wks.

merlin

Seller is responsible for getting stuff to you. They made the contract with ParcelF UK and they need to sort it out and issue you a full refund. 

toescantalk

This is what the shop should have done https://www.gov.uk/accepting-returns-and-giving-refunds https://www.money.co.uk/guides/your-refund-rights-explained

So you have every right to expect a refund. 

JMS96

I had the same but not guitar related. I paid with my regular debit card, but the bank stepped in anyway, refunded me and then took it up with the retailer. I was shocked that they could say it had been delivered when the photo showed it clearly hadn’t. 

Soulslinger

Yes, involve the bank, and also straight away make use of their complaints process. If none of this works and if necessary, consider threatening to make a small claim. Research how to do a letter before action - they will probably very quickly respond to that, and if they don’t you’d win very quickly at court if the facts are as stated and the photo is available and obvious.

KDS

Sporky said:

If you paid by credit card, get them involved. 

First stop is here, I always buy online with a credit card. Phone them if you made purchase via them.

Woodandwires

Do all of the above, but also threaten/use your local Trading Standards at your local County Council, if all else fails, tell then you will post their name on the Country’ largest guitar forum, and the effect on their future trade, but that is the nuclear option.

Crazed_Fandango

@Slunky1 ; I'm assuming this has now been resolved.

LilBa2tard

Being Devils advocate  ...  

I have been the seller, and out of pocket because people claiming something hasn't arrived when it had , and even had a person dismantle a digital line 6 pedal and then disconnect one of the data buses and then claimed it wasnt working...  when it was deff working ..  
We are of an age where big shops like Amazon are often leaving parcels on door steps and gardens, and people claiming all the time they wasnt delivered...    

Now I can understand the frustration when something doesnt get delivered and what a pain it is, and I totally understand why a shop might be somewhat stand off-ish about this ...  

I hope it all got sorted, and neither party is out of pocket ..    

prowla

"Delivered" is a bit elastic with Parcelfarce and other couriers.

A couple of weeks ago I had something "delivered" and put in a safe place, apparently my porch. Except I don't have a porch; the item was just left on my doorstep in full view of the road/pavement in front.

Also recently I had something "handed to a neighbour", except it wasn't and the neighbour had been out all day; again, it was left on my doors.

Of course, if the "delivery" shows another address, then it's a slam-dunk that they didn't deliver.

The other comments are right that the buyer's contract is with the seller and not their chosen courier.

In fact, the courier should likely refuse contact with the buyer as they are not their customer.

Also as pointed out, the seller may need some time to figure it out; they need to be sure that

Jimbro66

@Slunky1's request for advice was back in April and he's not had the courtesy to thank anyone for their comments or to update on what happened.

In fact, every one of @Slunky1's comments posted on tFB have been in respect of gear he's been selling. No other contributions at all. He's just using tFB as a free market place.

Lawriejones1

Jimbro66 said:

@Slunky1's request for advice was back in April and he's not had the courtesy to thank anyone for their comments or to update on what happened.

In fact, every one of @Slunky1's comments posted on tFB have been in respect of gear he's been selling. No other contributions at all. He's just using tFB as a free market place.

People suck! 

I had to threaten to take DPD to court once as a delivery driver thought it would a good idea to leave an iPad Pro on the wall outside, bash the knocker then leave. They assumed we were at home. We weren't!