Consumer rights when buying from abroad - HELP!

Mallybobbins

Hi - I’m looking for some advice following a recent purchase I made online from a company called DHgate.

The company is like a China based ebay that ships worldwide and offers free shipping etc to the UK.

I bought a canvas for $280 (about £170) and when it arrived the quality was ridiculous, and it was damaged in transit. I contacted the seller who initially said they would replace the item and I pay to ship it back, I declined and was then offered a partial refund which was again declined.

The issue was escalated to DHgate’s dispute and refund process and I have heard back from them today stating that because the seller won’t pay the return shipping costs, I will have to which is at least £80!

I have read there refund policy with regards to problems with quality and it states that “if it is the case [the item is of poor quality], the seller shall take the full responsibility and the buyer has the right to decide the handling manner.

I have supplied images of the damaged canvas which is still in its ‘protective’ wrap.

Do I have a case or am I fighting a losing battle here?

Any help or advice welcome.

Thanks

wealdroam

Sorry to say, but I think you are fighting a losing battle.

Put simply, if you have purchased from a company in China and they won't put things right, ultimately you will be fighting them in court... a court in China.

How well up are you with China's consumer protection legislation?

derrick

Paid by credit card? S75.

"Section 75 applies to foreign transactions and also if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet."


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Mallybobbins

I’ve looked into their consumer protection and the 'Product Quality Law of the People's Republic of China - 2000' act and it looks like those acts are on my side, however as you say wealdroam, its China so these legislations may not apply in this country.

derrick - I think we paid by PayPal (my partner purchased the canvas) so perhaps we are covered with them?

It has been going on for 3 weeks now and it just feels like I’m running round in circles, even though the website clearly has a refund and returns policy if the item is faulty, damaged or not as described.

The exact reply that I received from DHgate is this:
"Thanks for your reply, we can understand your feeling but the seller is reluctant to bearing the shipping .However, pls kindly understand as we DHgate have no any deposit from the seller, when the returning happen, they always refusing to pay the shipping cost. now we are setting out some procedures for this, pls rest easy that, our service for the buyer will be absolutely improved, we just need some time for this. but this time,the returning shipping cost will be at your expense.
you could consider the partial refund $200 again or we can ask for the seller's address to return the package.
Look forward to your reply.
Angelina."

It is ridiculous that they say because the seller is refusing them I have to pay - according to the DHgate transaction process, the money is not released to the seller until the transaction is complete with the buyer confirming they are happy. The seller has a substantial store on the site, therefore it seems if the seller refuses to pay the shipping costs and a full refund, they should be able to either deduct from the money they hold from another transaction, or put a hold on their account until they agree.

I am so frustrated at this issue as I’m sure you can tell; however thank you both for your input.

derrick

I don't know how PayPal work, but I do seem to recollect there it is time critical , (45 days?), so maybe as well, (if it is a permissible claim via PayPal), to initiate it ASAP.


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shaun_from_Africa

You're correct derrick. The cutoff limit for opening a paypal disputeis 45 days from the payment date.
However, the problem with paypal is that in the case of damaged or not as described goods, the buyer has to return them to the seller before a refund will be given, and this refund won't include the return postage costs.

Mallybobbins

shaun_from_Africa wrote: »

However, the problem with paypal is that in the case of damaged or not as described goods, the buyer has to return them to the seller before a refund will be given, and this refund won't include the return postage costs.

This is the problem, as the shipping fee to return the item is alsmost half of what the item cost and therefore completely leaves us out of pocket to purchase another from a more reputable seller.

I will get my partner to contact paypal asap and hope we can somehow get something sorted that won't leave us nearly £100 out of pocket!