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This voucher is not valid - your payment was refunded/refused - GOODS RECEIVED!


willowbella
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Hi there. I am new to this so my apologies if there is another question like this.

 

I tried to purchase an offer via Groupon last year (NOVEMBER). I clicked the buy now, entered my details and attempted to proceed however the screen kept returning to the "buy now" page. I contacted groupon several times and they advised that it must be my card (this was not the case as i contacted the bank) or credit issues?!!. After a few attempts i eventually gave up and ordered my product from another company instead!

 

3 weeks later my mum signs for a parcel at her address dispatched to me. After opening it i realised it was the product that i could not purchase. After looking on my groupon account, under the order screen it shows

((((Groupon no. 1 This voucher is not valid - your payment was refunded/refused))

This means i was not issued a groupon code to go to the sellers website and purchase the product.

 

I received a generic email 1 week ago advising that they understand many people tried to purchase the item and due to a processing error the funds were not deducted. Then they ask that we either 1; kindly organise return 2. organise payment.

 

Considering i was told the transaction was invalid and i was under the impression nothing was purchased what do i do now?!

 

Do i have the right to keep the item under the "Unsolicited Goods Act" as part of the distance seller regulations?? Or do i organise return even though i attempted to highlight the fact that it wouldnt let me order it anyways!

 

Any responses (that of a consumer law and not moral :-)) would be greatly appreciated.

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According to the definition in The Consumer Protection (Distance Selling) Regulations 2000 “unsolicited” means, in relation to goods sent or services supplied to any person, that they are sent or supplied without any prior request made by or on behalf of the recipient.

 

You made a request to receive the item. You received the item. The error was in the payment processing. I don't think that you'll be able to argue it was unsolicited.

 

I would write to them, refuse both the item and their offer to organise payment. Tell them they have two weeks to arrange for collection, after which time you'll be keeping the item. You may get lucky, but I don't think there are any legal grounds enabling you to keep the item. So if they kick up a fuss it's best to return it (at their expense) or pay up.

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