Vinted complaint: Lost parcel

I wish to make a complaint about online Vinted and delivery company Yodel as I am getting nowhere with Vinted’s customer service, it is all automated and they are not answering my complaint.

Over the past week I have had lengthy on-line and email communication with Vinted, who have not escalated my complaint and continue to send me ‘copy and paste’ replies with no investigation. I am not satisfied that my reported issue has been resolved and have made numerous complaints.

I used Vinted in good faith to order ‘Gymshark blue marl long sleeve crop top’, cost £10 plus £2.89 postage plus £1.20 Buyer Protection Fee.

On 26/4/2023 I received notification that my parcel had been delivered at 14.14 by Yodel.
This was NOT the case, we were present at our home address all day and our CCTV house cameras did not pick up any delivery at this time or at any other time on this day.

In line with Vinted policy I immediately pressed “I have an issue” in the conversation screen with the seller to notify that the item had not been delivered. At this point I began online communication with Team Vinted. At no point have I ever hit the “Everything is OK” button. As per their terms and conditions, I understand a Buyer Protection fee is mandatory for every order to provide buyers with a safe and secure buying experience and that my money would not be transferred to the seller until I had ed that the item had arrived safely. I have reported to Vinted and the seller that my parcel had not arrived and that the photograph from Yodel is false. Within the 2 days Vinted state, I had reported that my parcel had not been delivered and was lost and I have requested a refund.

Clause 5.5 of Vinted Terms and Conditions states “The Buyer Protection includes the right for Buyers to obtain a refund if an Item is lost or damaged during shipping”. I am exercising this right since I paid the Buyer Protection Fee and my order has not been delivered to me.

Clause 5.5.1 of Vinted Terms and Conditions states “The Buyer must report the issue to VINTED by clicking the “I have an Issue” button in their Private Message window and completing the issue submission flow within two (2) days from when the Buyer is notified by VINTED: (i) that the Item should have been delivered; or (ii) that the parcel seems to be lost.  I have adhered to this policy.

At Vinted’s request I completed and sent to them a Denial of Receipt form within the 48 hour period. Vinted state that during the “Dispute Filing Period” the transaction will be suspended and the Total Price will be retained in Escrow until the issue is resolved.

An escrow is a legal agreement designed to protect Buyers and Sellers in a transaction and payment is held until everyone fulfils their responsibilities in the transaction. With an escrow payment, the seller will only receive the funds when the Buyer has received and accepted the products that are part of the transaction. Vinted state in their message of 3/5/2023 that payment has been released to the seller, yet I have not received nor accepted the goods.  I believe this is a breach of Escrow.

Clause 5.5.2 of Vinted’s Terms and Conditions state the information provided by the shipping provider will be deemed accurate, unless and until evidence to the contrary is provided to VINTED by the User. I have provided Vinted with this evidence below. The shipping provider shows delivery to a different and incorrect address, a photo of a random parcel, with no name or address details on it, held against a letter box, thus does not provide clear evidence that:
i) this was my parcel
ii) this was put through the letter box

The photograph sent from the shipping provider Yodel cannot be admissible evidence and proof of delivery as that is not my house, nor does it show that is my parcel as there is no name or address on it.  Yodel purportedly delivered to a brown door, my front door is grey.  

Clause 5.5.3.2 of Vinted’s Terms and Conditions state when the seller is notified by VINTED that the parcel seems to be lost, the seller will have two (2) days to that everything is ok with the item or report an issue. I reported to the seller and VINTED on the same day that the parcel had not been delivered; Vinted have not provided me with any evidence that they notified the seller as per this clause.

Clause 5.5.3.2 (b) of Vinted’s Terms and Conditions state if the seller s everything is ok with the item or if the Seller does not take action within 2 (two) days from when the Seller is notified by VINTED that the parcel should have been delivered or seems to be lost, the Transaction will be cancelled and the Buyer will receive a refund of the Total Price.

My communication with the seller clearly shows I had reported the issue to them to report that my parcel had not arrived and so they were fully aware. Vinted have not provided me with any evidence that the seller ed to VINTED that everything was ok.  If the seller has not taken any action then they are also in breach of the agreement since they were aware that I had not received my goods.

Clause 5.8 of Vinted’s Terms and Conditions, I, as the user, am using the complaint procedure regarding VINTED’s decision.  Their terms and conditions state my payment is held safely by Vinted’s payment service provider until a solution is found.  

Each time Vinted email me they state they have closed my case; but I do not believe a solution has been found as I have already stated the photograph from Yodel is disputable and was never delivered to my address.

The photograph from the Yodel delivery firm is a house with a different name and entirely different postcode. This is a completely different address, a different postcode in a different village. The occupants had been at home all day and ed they had received no such parcel and are willing to verify this.

I did not provide delivery instructions, the retailer has failed to fulfil its contract with me and I believe is legally bound to refund or replace my order.