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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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Hi Everyone, hope you are all keeping well in this strange new era.

 

On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.

 

He paid for additional insurance along with the transportation of the item, to the tune of £128.75.

 

He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.

 

The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.

 

He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.

 

UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.

 

I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.

 

Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.

 

I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.

 

If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.

 

Thanks and kind regards

 

Mr B

 

 

 

 

 

 

 

 

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Please monitor this thread for a reply this evening or maybe tomorrow.  Sorry about the delay

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Hi Team, do not worry about this.

 

I have been getting harrased from my friend about it and have decided he can fix himself.

 

Thanks again

 

Mr B

 

 

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