Buying from abroad rights.

linda2011

Hi,

I done something really silly and bought a 'replica' pair of designer shoes from China. In hein sight it was a stupid decision, and as most of you are thinking, its came and bit me right back in the bum.

The shoes arrive 2 days ago ( 5 day delivery) and low and behold they look nothing like in the picture and are a really bad quality shoe, nevermind a bad copy. You see better quality shoes in a local market tbh.

The problem is the seller is now ignoring me and I want a refund.

Do I have any rights? The site states 100% happy guarantee and a refund policy but now theyve got my money they're ignoring.

I paid by tesco credit card if thats any help.

Kind regards,

A sad Linda.

mo786uk

if the goods cost over £100 you may be able to use 'section 75' - otherwise you are stuffed.

linda2011

mo786uk wrote: »

if the goods cost over £100 you may be able to use 'section 75' - otherwise you are stuffed.

Just under im afraid! I paid by credit card for extra protection doesn't this stand? The fact the website doesnt state theyre based in china and the items are fake too is decieving imo

howardhewitt

Dear linda2011,

Do not despair.

Although you are not able to use Section 75 to you advantage here, there is something else you could try.

It is called Chargeback and is suitable for any amount under £100.
Below is a template letter for a Chargeback taken from Money Saving Expert:


IMPORTANT!
PLEASE READ THEN DELETE THIS BOX

This is a template letter for guidance. You need to add your details and where appropriate change the letter to suit your particular circumstances.

Once you’ve made changes, always print it out and read through to check it makes sense to the recipient.

ACTION POINTS

[BLUE BRACKETS]: Put your specific info here, then delete the instructions (and change the text colour)

[RED BRACKETS]: Just for info, after you’ve read delete


[insert your name
and address]

[insert date]
[insert name and
address of your bank]

Dear Sir or Madam,

Account number: [insert card number]

Ref: [select from Visa / Mastercard] Chargeback

[Use this section for all letters]
I am writing to request that under your Chargeback rules you reimburse me the value of [enter amount] as [select from full payment for / partial payment towards] a [enter item purchased] I paid for with my [select from debit / credit] to [enter company name] on [enter date].

[Use this section if the company has gone into administration or delete]
My claim is made on the grounds that the company has gone into administration and I will not be able to receive the item or my money back.

[Use this section if you have a faulty good or delete]
My claim is made on the grounds that the item purchased was faulty in the following ways ([enter brief details on what was wrong with your item]) and I have been unable to resolve my complaint with the supplier.

[Use this section if you have been the victim of fraud or delete]
My claim is made on the grounds that I did not authorise or attempt to carry out this transaction and have been the victim of fraud.

[Use this section if there has been a clerical error or delete]
My claim is made on the grounds that there has been a clerical error as [select from I have been charged multiple times for one item / I have been billed for the wrong amount].

[Use this section for all letters]
I look forward to a full and prompt response to this letter within 14 days.

Yours faithfully,

[insert your signature]

[insert your name (printed)]

[Include any evidence you have to prove your case to help your claim]

PLEASE REMEMBER - when you make an application for Chargeback, the bank is not legally liable to pay up.

howardhewitt

As far as I know Chargeback applies to Visa Credit and Mastercard credit cards.

The letter above can be sent to your bank either via secure messaging system or by post.

mo786uk

section 75is for credit cards

'chargeback' is for debit cards - i think visa ones only - you will need to check the terms of your own card and what circumstances you get protection in.

Annisele

The rules about when chargebacks are and are not possible are complicated (this doesn't attempt to explain them, but it does confirm their complexity).

However, I can't see that it would hurt the OP to send a chargeback request along the lines of howardhewitt's suggestion.

Theoretically the OP could also sue the retailer, either in an English or a Chinese court - but the chances of being able to enforce any judgement seem to me to be close to zero, so trying would be just throwing good money after bad.

esuhl

Annisele wrote: »

Theoretically the OP could also sue the retailer, either in an English or a Chinese court...

Really?! I wouldn't have thought you could sue in England since the courts in this country won't have the faintest idea about Chinese law. (The seller would never have been subject to English law so it wouldn't apply.)

And even if you could sue in an English court, wouldn't you have to rely on the existence of some kind of extradition treaty (which I presume doesn't exist for Chinese shops that sell low quality goods)...

NCISROCKS

Why 'English law' OP could be anywhere in the UK. No wonder you make arrogant shit neighbours. smiley/winky/griny thingy

howardhewitt

The rules about when chargebacks are and are not possible are complicated (this doesn't attempt to explain them, but it does confirm their complexity).

However, I can't see that it would hurt the OP to send a chargeback request along the lines of howardhewitt's suggestion.

Theoretically the OP could also sue the retailer, either in an English or a Chinese court - but the chances of being able to enforce any judgement seem to me to be close to zero, so trying would be just throwing good money after bad.

There is no need to make application for Chargeback complicated, as Chargeback can be used with Visa Credit and Mastercard credit cards, Visa Credit and Mastercard prepaid cards, as well as Visa Debit, Maestro and Visa Electron debit cards.

The original poster will have to make a formal application to have jurisdiction transferred to UK Courts. It is likely that such application will be refused.
To start proceedings in a Chinese Court would require searching for a specialist solicitor, as many solicitors will not be prepared to take on such a Claim. The costs associated with this will be very high, since even those solicitors with less than one year experience will charge around £100 - £150 per hour. Finally, any proceedings in a Chinese Court are likely to drag on for years.

Therefore, it would be a mistake to begin any Court proceedings.

Equaliser123

Proceedings in a Chinese Court for goods worth less than £100?

Come on guys. Let's get realistic about this.