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MBNA won't help with unscrupulous online merchant

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24

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  • Jemma-T
    Jemma-T Posts: 1,546 Forumite
    The fact they are not in the UK or are not registered in the UK doesn't matter one iota if you used a credit card. MBNA are liable if you didn't get what you paid for. That is your single route.

    That doesn't mean you start entering your data into sites in Outer-Mongolia for handmade rugs for £29.99 with free delivery :)

    Stick with sites you know and if unsure ask around. There's a forum out there for every subject.
  • gnaril
    gnaril Posts: 278 Forumite
    Transaction under £100 so no section 75 liability so thats that one out the window.

    Transaction makes no difference if you thought it would be a uk company or not.

    As for mbna the person on other end of phone/letter will be working to regulations plain and simple if your situation fits in with visa/mastercard regulations for a chargeback, then they can possibly do something, you being long stadning customer has Zero impact on their ability to help mate.

    Iam not at work atm however i do recall passed under chargeback reason code 4855 Non receipt of goods, it mentions customs charges.

    I believe however dont quote me 100% if you were not advised of possible custom charges for the item then that element of the price you paid or in this case have to pay could be reimbursed... Like i said not 100% dont have passage memorised:P very rarely come up..... Worth just persuvering with mbna to be honest i would just refund you the difference and be done with it, it aint worth their time and effort for tha value involved, however thats just me:P


    However i believe your on a hiding to nothing. There website and their terms basically state they are a US company without shouting out on the page that they are.

    Hope you get it sorted bit of a tricky one best of luck m8
  • System
    System Posts: 178,347 Community Admin
    10,000 Posts Photogenic Name Dropper
    Hi

    I reckon this is a 'white label' site run by someone here in the UK. They brand it as their own but in fact all the products come from another firm. Like you said there are several websites with identical layouts and products but with different names, so it definitely looks as if this is a 'drop-ship' outfit that pays a cut to website owners who sell its products.

    Look at the website domain owners details:



    Domain name:
    superezstore.co.uk

    Registrant:
    Scott Lin

    Registrant type:
    UK Individual

    Registrant's address:
    The registrant is a non-trading individual who has opted to have their
    address omitted from the WHOIS service.

    Registrar:
    Namesco Limited t/a Namesco Ltd [Tag = NAMESCO]
    URL: http://www.names.co.uk

    Relevant dates:
    Registered on: 30-Aug-2008
    Renewal date: 30-Aug-2010
    Last updated: 03-Sep-2008

    Registration status:
    Registered until renewal date.

    Name servers:
    ns1.clook.net
    ns2.clook.net

    WHOIS lookup made at 18:30:46 15-Apr-2009




    Non-trading? definitely dodgy.

    Best of luck getting it sorted.

    Regards
    UNDERGROUND :D
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • on the websites t & c's under section 9 it states:-

    9. NOTICES
    9.1 You may send us notices under or in connection with these Conditions:
    9.1.1 by post to 23911 Garnier Street Suite A Torrance CA 90505;

    Californian zip code... should really have set alarm bells ringing...

    and section 15:-

    15 LAW
    The Conditions will be exclusively governed by and construed in accordance with the laws of United States whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

    You can't really blame the merchant in this instance.... It's one of the pitfalls of consumers not reading T&C's...
  • dappyd
    dappyd Posts: 7 Forumite
    on the websites t & c's under section 9 it states:-
    9.1.1 by post to 23911 Garnier Street Suite A Torrance CA 90505;

    Californian zip code... should really have set alarm bells ringing...

    Guilty! I didn't pick up the zip code in section 9 of the T&Cs.
    and section 15:-
    The Conditions will be exclusively governed by and construed in accordance with the laws of United States...

    Again guilty, I missed this in section 15 of the T&Cs.

    BrianLion, from a legal point of view, you are 100% correct, and I know I have no leg to stand on as I didn't pick up these crucial entries in the T&Cs.
    You can't really blame the merchant in this instance....

    Yes, ABSOLUTELY because I didn't pick up the above 2 entries in the (lengthy) T&Cs. Hence I have long ago written off trying to get anything back from SuperEZstore.

    BUT, including .CO.UK in the actual store name, having all prices in GBP, not listing any address in the "About Us" link, and not making any mention of the fact that the purchase will be in USD even though shown in GBP is, IN MY OPINION, deceitful and misleading.I fell for it, and now I am out of pocket. I don't blame the merchant for my negligence in reading through all the T&Cs, but from a moral and ethical point of view I DO blame the merchant for being deceitful and misleading.

    I have learnt my lesson, and I hope this thread will help protect others from deceitful and misleading merchants.

    As always, thanks for all replies and comments.
  • The_Pedant
    The_Pedant Posts: 634 Forumite
    I reckon this is a 'white label' site run by someone here in the UK
    I think the UK references are a bit of a red herring. I believe those are simply the details of the network registrar that registered the domain on behalf of the company.

    A US company would typically approach a UK registrar to secure a domain and look after registration/renewal of that domain. They simply then direct the relevant records to point at their own servers hosted wherever they are located.
  • PROLIANT
    PROLIANT Posts: 6,396 Forumite
    1,000 Posts Combo Breaker
    regardless of the "blurred" facts and contractual law here, their is a moral dilemma - the customer was lead to believe that he/she was paying a certain price for a item(s) sold in the United Kingdom, the site is clearly designed to Conn people in to buying from them by being lured in to a false sense of geographic presence, my advice to the OP here would be to write a letter of complaint to the company concerned and if the out come of that does not satisfy your complaint then escalate it to a Trading Standards officer who will advise you better from there.

    Good luck.

    Regards

    Proliant
    Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.
  • System
    System Posts: 178,347 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 16 April 2009 at 9:24PM
    Try this number:

    626-309-9158

    Taken from here:

    http://gizmos2go.com/contact_us.html

    UNDERGROUND :D

    Edit: These two sites are also part of the same shower of !!!!!!:

    http://www.pdapreferred.com/

    http://www.etronicspal.com/

    http://www.etechtronics.com/
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,347 Community Admin
    10,000 Posts Photogenic Name Dropper
    Hi

    Done some more digging!

    Microsoft sued gizmos2go.com for selling pirate software:

    http://www.microsoft.com/presspass/press/2005/sep05/09-19PiracyEnfSept05PR.mspx

    And here's some reviews for gizmos2go.com:

    http://www.resellerratings.com/store/Gizmos2Go_formerly_listed_as_HiTechGadgets

    Dodgy isn't the word..... :(

    UNDERGROUND :D
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Tirian
    Tirian Posts: 992 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    If you can provide evidence that a domain owner is using their website for trading purposes, then you can request nominet to disclose their address and contact details .. I've done it before.

    The site in question was eventually shut down by the OFT :)
    For where your treasure is, there will your heart be also ...
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