Quick questions on Consumer Rights

derrick

NJAR wrote: »

I emailed head office with regards to the shower. They are still unwilling to refund and again said about sending for testing. They will also only offer a replacement if it is faulty not a refund. Are they able to do this.

Thanks

Yes they are allowed to test it, if it comes back as faulty as you originally complained within 30 days of purchase you are entitled to a full refund under CRA.

Reporting to trading standards may help.

.

NJAR

Thanks.

I will definitely be demanding a refund if faulty.

lexie_h

I have bought a dress from banggood - who are chinese, even though they distribute from europe. The item is nothing like the image on the web site - it's above my knees rather than midcalf as advertised. The company are saying I must take photos of the item and the label before they will consider a return - oh, and if I have to return I have to pay the postage - to china. I think I am entitiled, by law, to a full refund, no questions, under the new law about on-line buying, but does this apply to a foreign company?
Also, they say I only have 3 days from receipt to return the goods - is this right?
hope someone knows the answer!

wealdroam

lexie_h wrote: »

I have bought a dress from banggood - who are chinese, even though they distribute from europe. The item is nothing like the image on the web site - it's above my knees rather than midcalf as advertised. The company are saying I must take photos of the item and the label before they will consider a return - oh, and if I have to return I have to pay the postage - to china. I think I am entitiled, by law, to a full refund, no questions, under the new law about on-line buying, but does this apply to a foreign company?
Also, they say I only have 3 days from receipt to return the goods - is this right?
hope someone knows the answer!

Yes, you are entitled by law to a full refund.

Are you planning to enforce that through the UK courts or the courts of China?
If you use the UK courts, do you think the Chinese company will comply with any court decision?

You no doubt noticed this when you agreed to their T&Cs:

12.7 The Terms shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Hong Kong.

You have discovered one of the difficulties of buying from abroad.

How did you pay? By debit or credit card?
Consider a chargeback. Read MSE's Chargeback article for details.

bod1467

Did the advert/product description mention the height of the person against whom the dress would be mid-calf-length? I suspect for most Chinese women the dress most likely is, just not so for many European women.

lexie_h

thanks for quick reply and thoughts - there are several issues - first is that the website doesn't make it clear that the company is in china - so, yes, read the t&c - but who does that in the heat of buybuybuy - lesson to be learned. Also, it's not a huge sum, but it's the principle of the thing and it just ANNOYS. I bought with paypal, and, if I dont get satisfaction from banggood I will contact them
thanks again

wealdroam

lexie_h wrote: »

thanks for quick reply and thoughts - there are several issues - first is that the website doesn't make it clear that the company is in china - so, yes, read the t&c - but who does that in the heat of buybuybuy - lesson to be learned. Also, it's not a huge sum, but it's the principle of the thing and it just ANNOYS. I bought with paypal, and, if I dont get satisfaction from banggood I will contact them
thanks again

Yes, contact Paypal - item not as described.

Paypal will almost certainly insist on you returning the thing before you get a refund.

lexie_h

no, no mention of height of model - it's a funny one, because there is a size chart - I bought 2 sizes bigger than normal, the length of the dress is less than they say, by about 3cm, but the description is 'mid calf' - as far as I'm concerned, it isn't mid calf on me, so I am entitiled to send it back because I bought it 'unseen' - I understood that was the new legislation?

lexie_h

any thoughts on them saying I will need to send back to china at my expense?

wealdroam

lexie_h wrote: »

...so I am entitiled to send it back because I bought it 'unseen' - I understood that was the new legislation?

That is what the UK legislation says and had you bought from a UK seller then that option would be available to you.

lexie_h wrote: »

any thoughts on them saying I will need to send back to china at my expense?

This is acceptable under UK law, provided the seller has advised you of this.
Do the laws of Hong Kong allow this?

As I said before, how are you planning to enforce anything against these people?