I bought some Christmas gifts from an overseas online store. Most arrived in time for Christmas, but one didn’t. Do I have to pay for it? I told them it was a Christmas gift and they said the goods should arrive between 12 and 15 days. That would have made it by Christmas. But they didn’t arrive till 20 days. As a result I had to buy another gift. Can I send the goods back?
You would need to see the small print in the contract. I believe that most online businesses include a clause in the contract that states they are not liable if the goods arrive late
. You say they told you the goods “should” arrive in between 12 and 15 days. That doesn’t sound like a commitment to me. However, if the store had given you an undertaking that the goods would be delivered to your address by Christmas, then you could hold them to that promise.
Not only do you have the right to return the goods, but the seller must pay the return postage as well.
Having said that, what happens if they don’t refund? Are you going to take an overseas firm to court? Unlikely.
Who’s to say what the law is in the country of origin? Unless you get a clear undertaking from the company that they will refund your money if you return the items, I would not bother sending them back. You may never hear from them again.
You would be better to resell them on Trade Me. Or hold onto the goods for gifting at a later date. That’s not strictly re-gifting, is it?
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