Unreliable online stores among us (UK legal advice needed)

Rogue Keeper on 14/5/2009 at 12:44

I'll try to keep this short.

It looks like certain British online store is pulling my leg. I thought they're serious but now it looks they're not. Or their customer support at least. No other online store screwed me up like this before.

The name of the domain in question is, and I will shout it out loud :

(www.metalheadz.co.uk)

On March 18th I have ordered a baseball cap and dog tags from their online store. They use (www.protx.com) online payment gateway. The money transfew was succesful, received receipt from Protx by e-mail, confirming that 26.50 GBP in total have been transfered to Metalheadz' account and the order is being processed. My bank confirmed the transaction as well.

Now the fun begins. I received no notification from Metalheadz that they have sent the package. I was waiting like month. Around April 20th I have decided to submit query of my order. And I waited for reply from their online customer support for two more weeks. I sent my inquiry again, this time I was more 'pushy'. I received only this :

Quote:

Hello,

As far as we are aware, your package was sent to you, however, I am double checking with our distributor now and will get back to you with a more definite answer.

Thanks,

Nick Burne
(www.metalheadz.co.uk)
+447770604003

Ok, I replied to my new friend Nick Burne "Thanks, I'll be waiting for your answer." and I waited until monday this week, when I sent Nick another inquiry. Why the hell the checking with the distributor takes him so long??? I consulted the situation with our Post Service and they suggested that if I want to investigate the fate of the package in my country, I have to ask for package shipment number, which should be stated on their copy of the postal receipt. So I asked Nick for the package shipment number or a scanned copy of the postal receipt (or how do you call it in UK).

It looks like Nick doesn't want to talk to me anymore.

Now I'm at dead end - the Post Service in my country can't investigate whether they received the package from UK without the shipment number and I can't blame Metalheads for stealing my money.

Therefore, I'd like to ask some legally aware Brits (or anyone remotely legally educated as a matter of fact) around here, what should be my next step? I am interested in some UK laws, provisions or regulations dealing with mail shipping and responsibilities of commercial online stores. Or some administrative authority which can provide advicec and accept public complaints of this kind of issues. I'd like to legally scare Metalheadz a bit, to make them more cooperative - if it's even possible for a customer from abroad.

I'm also examining other options, like regulations and authorities on the EU level...

I'd be grateful for any recomendations and advices. I didn't pay much for that stuff, but I still don't want to leave my 26.50 GBP fall down the drain. I don't want to push this affair to international courts of course, it's not worth the expenses.

Ulukai on 14/5/2009 at 12:55

(http://www.consumerdirect.gov.uk/after_you_buy/online_shopping/your-rights/) Consumer Direct UK says:

"[you are entitled to] A full refund if the goods or services are not provided by the date you agreed. If you didn't agree a date, then you are entitled to a refund if the goods or services are not provided within 30 days."

I would suggest writing to them explaining what has happened, by post if neccessary, and asking for a full refund rather than making a generic "What's going on?" enquiry.

If that isn't forthcoming, you need more advise. Maybe contact Consumer Direct by (http://www.consumerdirect.gov.uk/contact) e-mail?

dj_ivocha on 14/5/2009 at 12:57

Quote Posted by Rogue Keeper

Aroind April 20th I have decided to submit query of my order. And I waited for reply from their online customer support for two more months.

:weird:

In Germany when an online store or a DSL provider or a hardware manufacturer etc stuffs you on your goods/services/warranty, a lot of people write to the computer magazine "c't" - they have a special column in each issue where they deal with a couple of the more obnoxious cases. Usually when they start digging, problems resolve themselves rather quickly, since no business wants to be branded as a swindler in front of 500.000+ readers. Maybe there is something similar in the UK?

Rogue Keeper on 14/5/2009 at 13:04

Sorry, it was TWO MORE WEEKS. Brain fart. ;)

Ulukai : You bet my initial enquiries were pretty elaborate and descriptive. It just looks like their customer support is very ignorant and not forthcoming. I will keep the Customer Direct on my mind though, thanks. The problem is, I can't find postal address on Metalheadz site...

gunsmoke on 14/5/2009 at 13:13

Man, I feel for you. I had a couple of headaches w/shipping and receiving packages over the border to Canada. One was never resolved, the other was thank goodness.

I gave up after 6 weeks of attempting to remedy the situation. Didn't seem worth the time and headaches to get $19 worth of merchandise. I hope your problem gets rectified before it comes to that.

addink on 14/5/2009 at 13:32

Though their lack of communication isn't very encouraging, there is still the possibility you're package is being held up at customs. I've had that happen, the package arrived nearly three months after it was sent.

@gunsmoke: I hope you realize that that weird w/ makes it seem you have a speech impediment. I know you're not the only one using it, but that doesn't change things. Just so you know. :)

Rogue Keeper on 14/5/2009 at 13:36

What customs... we're in the EU.

David on 14/5/2009 at 13:39

That won't matter.

ProTX is a legitimate payment gateway. They are owned by SAGE, one of the latest accounting software firms in the world, and are back by a large UK bank.

Rogue Keeper on 14/5/2009 at 13:42

Funny though, I ordered some tidbits from the States before and they weren't held by customs for too long. :erg:

Matthew on 14/5/2009 at 14:04

Quote Posted by Rogue Keeper

METALHEADZ MUSIC LIMITED
C/O CC YOUNG & CO.
48 POLAND STREET
LONDON
W1F 7ND
Company No. 03123858

Edit: in the UK you would generally contact someone like Trading Standards for the area in which the business operates, or the Citizens Advice Bureau. If worst comes to worst, remind them that I'm a lawyer. :p