Having failed to deliver my order I cancelled due to breach of contract.
This company deducted a return fee contrary to Spanish (EU) consumer law.
If they do it to you and you have NEVER RECEIVED YOUR DELIVERY, send this message and they will refund your fee.
If they are stupid enough not to, I issue a chargeback with your credit card showing breach of contract (no delivery) and the consumer law.
“ I am formally demanding the full refund of the total amount paid, as the order was not delivered.
Under Spanish consumer law (Real Decreto Legislativo 1/2007):
Article 66 bis establishes that the seller bears responsibility for the goods until they are delivered to the consumer.
Articles 109 and 110 provide that where the seller fails to fulfil the contract, including failure to deliver, the consumer is entitled to termination of the contract and a full refund of all sums paid, without penalty.
Despite waiting for delivery across three separate days, delivery did not take place. This constitutes a clear failure to fulfil the contract, and I was therefore fully entitled to cancel.
As the goods were never delivered, no return occurred, and accordingly no return, handling, or restocking fees are applicable under the above legislation. Any deduction or partial refund would be contrary to Spanish consumer law.
Please confirm in writing that the full amount will be refunded to my original payment method within the statutory timeframe.
If this matter is not resolved promptly, I will initiate a chargeback through my card provider, supported by evidence of non-delivery and breach of contract, and will pursue any further remedies available to me under Spanish and EU consumer protection law.
I trust this will not be necessary and look forward to your confirmation.”
REPLY TO GENERIC ONE BUTTON RESPONSE
Your colleague in support made out she was only refunding the €5 return fee to me. Given it’s a legal issue it is clear that the fee will still be charged to people who are less well informed.
Basically confirming the scam will continue for those who don’t dispute it.
I have noticed in Spain that the customer is never right and if the law can be ignored it will be.
I will continue to highlight dishonest companies and shame them.
For reference the last one button similar generic message from you where I did supply the information was pointless. You are just pretending to care which insults customers intelligence.
Hopefully posting here will save someone the lies. I have had confirmation my money will come but no worries as chargeback will be next.
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