Glamorous Lengths refuses to refund for non delivery of item

[Shelley181146]

A friend purchased some hair extensions online with a regular supplier as she is a part time mobile hair dresser and has used this supplier for approx 18 months. The item purchased was for a booked client.

 

The hair extensions didn't arrive and this is confirmed by Royal Mail who has checked the tracking information. However, the supplier didn't insure the goods for the full amount and therefore the retailer has advised that Royal Mail will only refund for the amount insured.

 

The Terms & Conditions of the online supplier reads as follows;

If for any reason, Royal Mail fail to delivery any special delivery items at their required time, we are willing to provide a refund for the postage paid and will make a claim to Royal Mail for the loss of this postage, if proven the item did fail to reach for its guaranteed time. We do not take any responsibility for loss of earnings or any other costs. If items are lost and you are willing to make a claim through Royal Mail, compensation levels are provided at http://www.royalmail.com for special delivery and recorded items.

 

My friend has spoken with Royal Mail but they have advised her that as she is not the customer who purchased the postage for the item, they cannot take a claim from her. She is out of pocket for the hair extensions of almost £100 plus the loss of business from the customer, not to mention the loss of reputation caused by this event.

 

I do not understand the T&C's above of the retailer as they look ambiguous so is there anyone who can kindly advise what course of action can be taken against the online retailer please?

[dx100uk]

Personally I,d name and name & shame the retailler

 

How did she pay?

 

Dx

[Shelley181146]

Glamorous Lengths

 

Paypal

[dx100uk]

and the paypal bill?

 

 

dx

[BankFodder]

http://glamorouslengths.com/

 

The first complication here is that your friend is not making this purchase as a consumer – but rather as a business.

 

This means that she doesn't have the benefit of consumer protection legislation including distance selling regulations contained in the Consumer Contracts Regulations 2014.

Had she been a consumer, then the liability would have fallen squarely on Glamorous Lengths.

 

In fact the Glamorous Lengths terms and conditions are unenforceable – certainly to the extent that they relate to their contract with consumers.

 

Return Policy:

 

The purchaser has 7 working days after the date of delivery within which they can refund/exhange the product, as long as the packaging is in the same form as when purchased. For hair, the cardboard piece should be in tact and the hair unopened. Please make sure that before you purchase any products that you have chosen the correct item(s). If you have made a purchase and decide it is no longer the item that you want, and we have dispatched the item then upon you returning the item back, we shall refund ONLY the value of the item and not the postage. Any items received which do not fall under the return policy will be sent back, upon payment of postage costs.

For hair, the cardboard piece should be in tact and the hair unopened. This is applicable, unless the item you received is not as described in your purchase order. We do not take any responsibility of hair that has been applied or for any aftercare/maintenance.

All returns must be sent to the PO Box number on the invoice and any returned parcel collections are made from our sorting office on Wednesdays ONLY. Please put your name and address on BACK of parcel. We endeavour to complete all refunds within three weeks of collection. If items have been wrongly sent to any customers, postage at Royal Mail base rate will be refunded. Please enclose a copy of your packing slip.

Royal Mail:

 

If for any reason, Royal Mail fail to delivery any special delivery items at their required time, we are willing to provide a refund for the postage paid and will make a claim to Royal Mail for the loss of this postage, if proven the item did fail to reach for its guaranteed time. We do not take any responsibility for loss of earnings or any other costs. If items are lost and you are willing to make a claim through Royal Mail, compensation levels are provided at http://www.royalmail.com for special delivery and recorded items.

 

Postage:

 

Please note we will only send parcels to paypal addresses. We reserve the right to use royal mail and interlink express. Your parcels are all insured under the courier’s terms and conditions. If you need more information about what is covered and how you are insured please visit their website. We do not take any insurance liabilities. If for any reason a customer does not want us to send any goods to addresses verified by Paypal they must inform us of this by email to [email protected].

9AM Delivery Royal Mail:

Please note any orders which are above 2kg in weight, will incur extra postage costs. The administration team will contact the customer if this is the case.

http://glamorouslengths.com/about-us/t-and-c/

 

It seems to me that under sale of goods legislation dealing with a business, Glamorous Lengths' contractual duty is merely to dispatch the goods. It is pretty amazing stuff and quite old-fashioned – but there you are.

 

However, there are two factors here which save you.

 

First of all Glamorous Lengths have underinsured the goods. This has to be a breach of contract. Even though there is no writing to say that the goods will be properly insured, it must be an implied term and I would say that this will make the basis of a small claim in which you would win very easily.

 

Secondly, the post office is absolutely wrong. Since 1999 third parties have a right to enforce a contract where it is clear that they are intended to be the beneficiary of that contract. However, dealing with the post office is like dealing with a dinosaur and also because the item is underinsured, you will not get the full value.

 

I think the solution here is to begin a claim against Glamorous Lengths on the basis that they have underinsured the item.

 

I expect that your chances of success are better than 95%.

 

However, because you are suing as a business, as the claimant the case will be heard in their local court.

 

This means that if it is a long way away from you it will become very tough to deal with.

 

You need to take this into account.

 

I have to say that if this is Glamorous Lengths way of doing business then I would steer clear of them.

 

I would also steer clear of them because their terms and conditions appear to be calculated to deprive consumers of their ordinary statutory protections.

[BankFodder]

Just to add, it is really amazing that a small business is prepared to wreck their reputation and to lose a long-standing customer over a matter which would be so simple to fix.

 

It makes me wonder whether the owner of Glamorous Lengths doesn't work for Npower or Vodafone as their day-job.

[Shelley181146]

http://glamorouslengths.com/

 

The first complication here is that your friend is not making this purchase as a consumer – but rather as a business.

 

This means that she doesn't have the benefit of consumer protection legislation including distance selling regulations contained in the Consumer Contracts Regulations 2014.

Had she been a consumer, then the liability would have fallen squarely on Glamorous Lengths.

 

In fact the Glamorous Lengths terms and conditions are unenforceable – certainly to the extent that they relate to their contract with consumers.

 

 

http://glamorouslengths.com/about-us/t-and-c/

 

It seems to me that under sale of goods legislation dealing with a business, Glamorous Lengths' contractual duty is merely to dispatch the goods. It is pretty amazing stuff and quite old-fashioned – but there you are.

 

However, there are two factors here which save you.

 

First of all Glamorous Lengths have underinsured the goods. This has to be a breach of contract. Even though there is no writing to say that the goods will be properly insured, it must be an implied term and I would say that this will make the basis of a small claim in which you would win very easily.

 

Secondly, the post office is absolutely wrong. Since 1999 third parties have a right to enforce a contract where it is clear that they are intended to be the beneficiary of that contract. However, dealing with the post office is like dealing with a dinosaur and also because the item is underinsured, you will not get the full value.

 

I think the solution here is to begin a claim against Glamorous Lengths on the basis that they have underinsured the item.

 

I expect that your chances of success are better than 95%.

 

However, because you are suing as a business, as the claimant the case will be heard in their local court. I'm a bit dense, are you saying that this would be heard in the court local to that of Glamorous Lengths which are London based? or my friend as the claimant, in Leamington Spa?

 

This means that if it is a long way away from you it will become very tough to deal with.

 

You need to take this into account.

 

I have to say that if this is Glamorous Lengths way of doing business then I would steer clear of them. I believe she has now

 

I would also steer clear of them because their terms and conditions appear to be calculated to deprive consumers of their ordinary statutory protections.

I will pass these comments on and discuss with her how she wishes to proceed. Thank you Bankfodder.

[Shelley181146]

Just to add, it is really amazing that a small business is prepared to wreck their reputation and to lose a long-standing customer over a matter which would be so simple to fix.

 

It makes me wonder whether the owner of Glamorous Lengths doesn't work for Npower or Vodafone as their day-job.

 

My thoughts exactly - why not settle to keep their customer base happy, in order to retain the business? Obviously someone not too intellignet at the helm!!!

[citizenB]

I would imagine the appearance of a court claim might bring them into the 21st century in respect of dealing with customers !