Retailer refusing to address non-delivery by hermes

[skinny minny]

Hi all - after some advice please. here is a brief overview

 

• purchased a trial pack of supplements for £4.99 
• at time of pruchase, no mention of any subscriptions, sign-ups or add on product other than the £4.99 trial product
• email confirmation comes through - company have added another product for £85 on without consent
• email them and they try to convince me to have product for a reduced price of £40, i say no, they eventually refund - i thought the hassle was over

 

Two weeks later..

• wake up to an email confirmation of another 30 day supply of products for £89.95
• email company, say there must be a mistake, i hadnt made any repeat orders
• they say i had signed up for subscription - althoughno email confirmation (no nothign!) and certainly nothing on the page at point of sale, no tick box. Totally misleading
• they're saying i am not eligible for a refund as i didnt cancel before the cut off - i didnt know i was subscribed to anything so how can i email before any cut-off??
• tried disputing with tesco credit card, they're saying nothing they can do, i have raised a transaction dispute as this is not just me being lazy - literally nothing about a subscription unless you go onto website, deliver into small print and find this tiny bit about subscriptions
• Am i the only one that thinks this is misleading to sign someone up with no reference to it when making the purchase and no confirmation of it and no reminders!?
• You dont go on Amazon and read the whole website / T&Cs so its felt they operate by duping people like me who are generally quite good at cancelling free subscriptions or trial products 

. Consumer Rights Act 2015 implies this is 'unfair' contractual terms

[dx100uk]

well tesco's are talking rubbish.

 

do a section 75 reclaim.

 

and instruct them NOT to honour any further payments to said company without your WRITTEN approval.

 

can you please name the company

 

although these are now a bit long in the tooth

the same principles apply

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Stemologica&oq=Stemologica&gs_l=partner-generic.12...21623.21623.1.26511.1.1.0.0.0.0.55.55.1.1.0.csems%2Cnrl%3D13...0.24j576j2...1.34.partner-generic..11.0.0.xrP3ilkbD6o

 

[skinny minny]

Its ketoformula.co

 

I cant seem to get your link to work? If i had just mindlessly clicked then fair enough... but no confirmation, no reneals no nothing, i just think thats BS and how can they get away it. What next, white text on a white background "but its there you shouldve looked"...

[dx100uk]

my link is ok.

 

so diet pills scam again.

 

it will either have been .com or .co.uk

but neither exist

but every other one does 

.org .net

 

https://www.bing.com/search?q=ketoformula.co.uk&qs=n&form=QBRE&sp=-1&pq=ketoformula.co.uk&sc=0-17&sk=&cvid=07BE553C51154019A17B9001CA27195B

 

 

[skinny minny]

Also can’t do section 75 as under £100

[dx100uk]

twill be a CPA then..

 

https://www.financial-ombudsman.org.uk/businesses/complaints-deal/banking-and-payments/continuous-payment-authorities

[BankFodder]

We'd love to help you – you haven't given us any details about the story and you seem to have posted a link or a file which we can't access.

I suggest that you start again on a new thread and tell us the story.

[skinny minny]

Retailers and Hermes.

I have a parcel that’s saying delivered but not arrived.

This dates back two weeks.

 

The retailer won’t contact Hermes but Hermes are saying I need to let the retailer know my package hasn’t arrived - as the contract is between them and Hermes, not me.

 

I am going around in circles.

Retailer just says here is the tracking and won’t acknowledge the parcel hasn’t arrived!

 

Paid for by credit card. £89. Any advice, please help

[BankFodder]

Thank you. You still haven't given as much information. We need more.

Please will you tell us who the retailer is – are they in UK or elsewhere?

What was the item and what is its value? Did you declare the correct value? Or did the retailer declare the correct value?

You say you paid by credit card – not a debit card against your bank account?

Please read around all the Hermes threads on this forum. There is lots of good information there. In particular understand your rights under the Contracts (Rights of Third Parties) Act 1999.

[skinny minny]

Ketoformula.co (yes that is the right website). I believe to be uk based

 

its dietary supplements

yes £89 is correct

paid for on a credit not debit card. 
 

I haven’t declared any Value to anyone but believe the responsibility sits with the retailer to deliver the item which, whilst tracking says it has, it has not

 

[BankFodder]

Please can you find out the address for them

[skinny minny]

Corporate Office

142 Cromwell Road, London
England, SW7 4EF
 

thanks!

[BankFodder]

Thank you. Have you had sight of the tracking details? If you haven't, then I suggest that you contact the retailer and ask them to let you see the evidence they have.

In the end you have two options. Because they seem to be a UK retailer, you can threaten them with a legal action. It is their responsibility and frankly for this kind of money they will probably put their hands up. Alternatively you can threaten Hermes because under the contracts (rights of third parties) act you enjoy full contractual rights as if you were a direct contracting partner. Once again, if you bring an action against Hermes, for this kind of money there will probably put their hands up.
So you are spoilt for choice as to possible defendants but first of all you need to gather some information and that will involve getting hold of the tracking data from the seller. If they won't supply it to you then I would be bringing an action against them.

For future reference, for purchases more than £100 is a credit card. For purchases less than £100 use a debit card

[skinny minny]

Yes retailer has provided tracking and it says delivered with no photo or proof of signature

 

Hermes won’t speak to me as contract is with the retailer. And retailer just keeps sending me tracking link saying it’s been delivered so not their problem

 

why would I have been better to purchase via a debit card for under £100 out of interest?

 

threatened legal action to retailer and they are just ignoring it and send copy and paste tracking link 

[BankFodder]

If you purchase with a credit card over £100 then you benefit from protection under section 75 Consumer Credit Act where the finance company effectively has the same liabilities as the retailer who sold you the product. Under £100, you don't get this protection.
On the other hand, for purchases under £100 if you use your debit card then you get the benefit of the banks chargeback scheme which basically means that the bank will refund you.

I don't understand why you have threaten the retail with the legal action and yet you have not carried out your threat. By doing this, the retailer has called your bluff and you have lost credibility. I think you have to decide whether you want to take this seriously.

Please will you post up a copy of the threatening message which you sent to the retailer.

Of course Hermes will always try to deflect responsibility on to anybody else – except themselves. Generally speaking when you are dealing with overseas retailers or Packlink – which is Spanish – then you would simply go straight against Hermes. They don't like telling people that they have third party rights under the 1999 act. You have to come here to find out about it.

In this case, if the retailer is unwilling to produce the evidence of delivery then I would say that they become the prime target. Please post up the letter which you sent and we will go from there.

[skinny minny]

I disagree - I have only lost credibility if I don’t do it. However it is pertinent to get all the facts first and if I end up losing money by taking legal action ie through costs I incur (I am not an expert! And don’t know how this works)then I will be grateful I explored my options first 

[BankFodder]

Well the first thing is that by issuing a threat of legal action when you don't know how it works, makes no sense – and I'm afraid that eventually amounts to a loss of credibility. You clearly have been waiting for them to make a reply to your threat and they haven't replied. This means that you have lost credibility.

Please will you post up the threat that you made and we can take it from there.

[skinny minny]

To Whom It May Concern

 

On 16/09/2020 I ordered the following from you:

Keto Formula - 30 day supply.

 

I paid £89.95 by credit card.

The reference number for my order was xx

 

You told me to wait 3-4 days for delivery and therefore I was expecting to take delivery of the item on 20/09/2020, but at present (27/09/20), I have still not received the goods. Failure to deliver within a reasonable time and after the agreed deadline is a breach under the Consumer Rights Act 2015.

 

You have stated the item has been delivered however as a retailer, you are responsible for goods until they are in my physical possession. I did not provide permission to leave in a nominated safe place. My contract is with you - the retailer, who I bought the goods from.

 

If you cannot provide a reasonable delivery time or explanation on where my product is, I believe under the Consumer Rights Act, I am within my right to cancel the order for a full refund. Either way, I will be pursuing this matter further if I do not receive a satisfactory response and this includes escalating this matter to legal authority on or before 7th October 2020. Please note, you have also refused to provide your Manager’s contact details or complaints procedure.

 

[dx100uk]

old and new threads merged for history///

 

you originally came here stating you didn't order these pills following a scam payment from your credit card and wanted the moneyback

now you are saying you did??

 

so please clarify what you are actually after here?

 

if you did not purchase the pills and you simply by default ordered them because you didn't read the small print of the trial advert for these quite frankly useless and fake pills, then go get you moneyback as advised earlier, it's a very well know scam , the fact you didn't see it was a revolving order not just a one off free trial for a small sum, is not your fault.

[skinny minny]

I didn’t “order” them but they took a continuous payment which I have stopped. They refused to refund me saying their t&cs on the website state you are signing up to an ongoing monthly  order

 

anyway - the money they have took - whether i wanted them or not - has not yielded a product! So I have paid for something I did not receive. Irrespective of whether I wanted it. Which I didn’t. But that’s my lesson learnt on reading every single section of every website you ever buy from apparently 

[BankFodder]

Terms and conditions which have been posted on websites are not necessarily binding stop

I'm still waiting few to post up a copy of the message you sent them threatening legal action – then we can go from there. Your chances of getting your money back are extremely high

[skinny minny]

It’s above? I’m not a solicitor or legal expert so no doubt it’s not the correct wording hence me seeking help here. Feeling a bit annihilated when I am genuinely trying to understand what my rights are. Whether I wanted a product or not, if I pay for something surely I have the right to challenge not actually receive it .

[dx100uk]

if you cancelled the CPA why did your bank not refund the £89? did you not ask for it back?

it's a very well know scan that 1000's of people get caught in and have done for many many years, banks typically refund at the drop of a hat.

 

then there is no neeed to worry about where your fake products are.

[BankFodder]

You have absolutely that right. If you pay for a product then you are entitled to receive it – and if you don't receive it then you are entitled to reclaim your money and also any reasonably incurred ancillary expenses.

Those are your rights. You are completely correct – and if you want help to get your money back then we will help you.

[skinny minny]

Yes of course I asked for it back. The bank said that I had signed up to their terms which I hadn’t. I put this on my response when I initially posted that the credit card bank said no basically. My argument is It was not made clear. I have opened a dispute with the credit card team because they took money there were not permitted to take

 

i would appreciate help of course. I would love to be perfect and not duped by an unreputable company however we as humans are not foulproof to scams or I wouldn’t be one of many fallen foul to them