Right to a refund?


Questioner

Early September I placed two orders. After receiving and trying on the items, I returned part of the order. I reported this via the website as requested and returned the items via PostNL using the shipping label provided by the supplier. I stuck the return label on the original box, delivered the packages to a PostNL point and received a proof of delivery from Post NL. This label states that the packages have been transferred to PostNL. However, both packages never arrived. After several attempts to contact the supplier, she said she would start an investigation with Post NL and 'as a gesture of goodwill' to refund my first return package of 200 euros. However, they say they have 'done extensive research' about my second return package of 350 euros and will not refund. It seems very strange to me, they do take responsibility for the first package, but not for the second package. However, as a customer I followed the instructions for returning, delivered the packages to PostNL and received proof (T&T) from PostNL for the transfer. Both parties refer to each other when I contact them. As a customer I can do absolutely nothing now, I have my back against the wall and every time my requests for a refund from the supplier are rejected. Again, I have used their shipping label, handed in packages at Post NL and also received a proof of delivery. In the meantime, on advice, I have sent a (registered) letter of default (by post and by e-mail) to the supplier, to which I have still not received a response after 16 days. Yesterday I reminded them of this letter. I would like to know if I am in the right and how I can make sure that I get this 350 euros back. Can I start a case for this and what are my chances of success?

Lawyer

According to Dutch and European consumer law, you are within your rights to make a return and ask for your money back. You have an agreement with the supplier, so they are responsible for handling the return correctly. The compensation 'out of goodwill' for the first parcel is reasonable, especially if the products were not received correctly. With regard to the second parcel, the same should apply based on consumer rights. If the supplier does not respond to your reminders and refuses to take action, you may consider starting a lawsuit. Although I cannot judge the chances of success with certainty, it seems from your story that you have strong arguments. Please note that litigation costs time and money. You may want to consider submitting the dispute to a dispute committee. It may also be useful to engage a legal advisor or lawyer to advise you further. It is important to note that this is an orientation advice and that it may therefore be wise to contact a lawyer or attorney. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.