Does the sale of goods act apply to overseas companies selling the UK?

chamberino

I recently bought a charger for my macbook on ebay. The seller is in Hong Kong. The other day it got incredibly hot and burned a hole in the cable so it doesn't work any more. I asked for a replacement or refund but they said their 30 day warranty had expired and offered a discount of 50p!

I know we have the sale of goods act here, which would entitle me to a replacement, but does it apply when I'm purchasing from someone based in another country? It was on ebay.co.uk, so I don't know where it counts as the sale transacting.

cyberbob

No is the simple answer how would they enforce it?

You could open an item not as described via paypal if your within 45 days but you would have to pay to return the item tracked for a refund.

Adapters from Hong Kong via ebay equal one thing a visit from the fire brigade to your house. They do not adhere to european or UK safety standards.

chamberino

Ah, I thought as much. I won't make the same mistake again. You're right, if I hadn't been there and I'd left it on the carpet or somewhere it could have been pretty dangerous.

aveylee

Yes is the simple answer.
The contract would have been concluded in the UK as it was via ebay.co.uk. In such cases in consumer contracts English & Welsh law would be the applicable law.

However as the other company is in Hong Kong. The practical difficulties in progressing your cliam makes your legal rights worthless in practice, sorry.

pinkshoes

Never ever ever ever buy adaptors from abroad! They are an absolute fire risk! It'll be 100% shoddy and fake - they're very good at aesthetic copies, but without the safety features!

(if you search the forums, you'll find dozens of threads with those who have had exactly the same problem).

Unless you're willing to send it back yourself, then it's best to put it down to experience.

cardinalbiggles

aveylee wrote: »

Yes is the simple answer.
The contract would have been concluded in the UK as it was via ebay.co.uk. In such cases in consumer contracts English & Welsh law would be the applicable law.

However as the other company is in Hong Kong. The practical difficulties in progressing your cliam makes your legal rights worthless in practice, sorry.

The only time this works is within a UK context whereby an English company selling to a Scottish based consumer in so much as the contract is under Scots law (no matter what websites say in the t&c's)

You would get absolutely nowhere trying to claim from a foreign company.

[UK]Blitzen

chamberino wrote: »

I recently bought a charger for my macbook on ebay. The seller is in Hong Kong. The other day it got incredibly hot and burned a hole in the cable so it doesn't work any more. I asked for a replacement or refund but they said their 30 day warranty had expired and offered a discount of 50p!

I know we have the sale of goods act here, which would entitle me to a replacement, but does it apply when I'm purchasing from someone based in another country? It was on ebay.co.uk, so I don't know where it counts as the sale transacting.

Did you have to sign for the item when it arrived?
If the guy wants to play hardball, just claim non receipt!
If he cannot prove it was delivered, PayPal will refund you.

ShaneUK

[UK]Blitzen wrote: »

Did you have to sign for the item when it arrived?
If the guy wants to play hardball, just claim non receipt!
If he cannot prove it was delivered, PayPal will refund you.

But that is fraud and not a good idea, really.

Equaliser123

ShaneUK wrote: »

But that is fraud and not a good idea, really.

Particularly after a cursory look at the OP's post shows that contact has already been made about the fault.

[UK]Blitzen

ShaneUK wrote: »

But that is fraud and not a good idea, really.

True....
But if the seller is pedalling faulty goods, and does not want to help the buyer, it makes a case of two wrongs DO make a right.

vyle

pinkshoes wrote: »

Never ever ever ever buy adaptors from abroad! They are an absolute fire risk! It'll be 100% shoddy and fake - they're very good at aesthetic copies, but without the safety features!

(if you search the forums, you'll find dozens of threads with those who have had exactly the same problem).

Unless you're willing to send it back yourself, then it's best to put it down to experience.

Furthermore, if it's from china/hong kong and it's on ebay, don't buy it at all.

Games, electronics, accessories, there's a very strong chance they'll be fake and won't last more than 5 minutes. there's a reason they're far cheaper than expected.