Distance Selling Regs - only UK Companies?

Fordyboy75

Hi

I purchased some goods from Diesel and by the looks of the tracking on the UPS web site they have came from Italy.

Does the Distance Selling Regulations only apply to UK companies or is it EU companies?

The reason I ask is that the goods ordered were Medium in size however, when the product arrived they were Large. On the returns page it looks like the are only going to refund the £18 for the goods and not the £4.5 for the P&P. Shouldnt they refund both as its their mistake?

Just wanted to know my rights before I call them tomorrow.

Thanks for any help.

unholyangel

Is the actual company based in the UK or Italy or elsewhere?

Was it this site? http://www.diesel.com/

Fordyboy75

Yep. I clicked on "online store" on that page.

It wouldnt let me link on my initial post as I'm a new user.

unholyangel

Ok rather than get into EU directives (as opposed to regulations).......just a quick question........have you enquired to diesel why you havent received a full refund?

Is there perhaps a difference in UK/Italian sizes? I mean was it possibly a UK medium but labelled as an italian large?
All it really says on their returns is that you'll be refunded for the "final price" of the items ordered.

Which could include P&P or might not.........depending on the interpretation.

Fordyboy75

Clicked on the returns on the web site.

It asks for the order number then tells you that £18 will be credited to your account and to click continue. Didnt want to click as it didnt state that £22.50 would be credited as i'm going to have to pay P&P to get the correct size delivered.

I'm going to call them in the morning to see what they say. Just wanted to find out my rights before I call. I know its only £4.50 but I'm sure they can afford it more than I can

fthl

did/do the ts and cs say anything about what law applies to the deal?

unholyangel

fthl wrote: »

did/do the ts and cs say anything about what law applies to the deal?

10. Governing Law

10.1
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.

Fordyboy75

Just off the phone. The guy agreed that since they sent the wrong product they'd refund the P&P.

Thanks for your help guys.