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Buying something from Germany - what are my rights?

Hello,

I ordered something online for xmas and even the the website has .co.uk it operates from Germany.

The parcel arrived broken (I sent pictures). I did not sign for it either - it was left behind my bins in front of my house.

Anyway this was two days before Christmas so a replacement would not arrive in time so I had to buy something else. I sent an email asking for a refund and they replied saying they would organise a replacement.

Having tried to contact them over Xmas, I managed to speak to them today and they say under German law they will only send a replacement.

I know UK law states you can have a refund, but what rights do I have to a refund?

I found this on CAB:

If you buy something from the internet website of a company based in another EU member state, in most cases you will have the same statutory rights as if you had bought it from a seller based in the UK.

However I am not sure where i stand. I bought it with a credit card, but it was only £40 so don't think they can help.

Have I any chance to get the money back?
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Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    What does the website say its return policy is?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I bought it with a credit card, but it was only £40 so don't think they can help.
    Reading MSE's Chargeback article might change your mind.
  • gregg1
    gregg1 Posts: 3,148 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hello,

    I ordered something online for xmas and even the the website has .co.uk it operates from Germany.

    The parcel arrived broken (I sent pictures). I did not sign for it either - it was left behind my bins in front of my house.

    Anyway this was two days before Christmas so a replacement would not arrive in time so I had to buy something else. I sent an email asking for a refund and they replied saying they would organise a replacement.

    Having tried to contact them over Xmas, I managed to speak to them today and they say under German law they will only send a replacement.

    I know UK law states you can have a refund, but what rights do I have to a refund?

    I found this on CAB:

    If you buy something from the internet website of a company based in another EU member state, in most cases you will have the same statutory rights as if you had bought it from a seller based in the UK.

    However I am not sure where i stand. I bought it with a credit card, but it was only £40 so don't think they can help.

    Have I any chance to get the money back?

    I am having a problem at the moment also with a company based in Germany. Bought electrical item which arrived with two pin plug which is illegal and it was also damaged. I have now asked bank to arrange a chargeback but they are being difficult about that as it's through Amazon marketplace. Had to go to financial ombudsman who are contacting the bank for me as the company are also refusing refund.

    Speak to your bank about chargeback. You may have more luck than me.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gregg1 wrote: »
    I am having a problem at the moment also with a company based in Germany. Bought electrical item which arrived with two pin plug which is illegal and it was also damaged. I have now asked bank to arrange a chargeback but they are being difficult about that as it's through Amazon marketplace. Had to go to financial ombudsman who are contacting the bank for me as the company are also refusing refund.

    Speak to your bank about chargeback. You may have more luck than me.
    Not if buying from a non-UK company it's not.
  • gregg1
    gregg1 Posts: 3,148 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    neilmcl wrote: »
    Not if buying from a non-UK company it's not.

    it is according to Which who have covered this in an article this month and also a Which lawyer who I spoke to today. It is illegal under the Plugs and Sockets Regulations 1994 even if the item comes with an adapter and this applies to non UK companies if they are selling to the UK.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    gregg1 wrote: »
    and this applies to non UK companies if they are selling to the UK.

    Is the correct answer, from what I remember of my electrical wiring regs training.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Gregg you still unable to change a plug?
  • gregg1
    gregg1 Posts: 3,148 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hintza wrote: »
    Gregg you still unable to change a plug?

    I am when to do so would invalidate the warranty.

    But as I have already stated, the item is damaged anyway.
  • And we can still sell dangerous socket extenstions that allow the earth pin to be connected, with the plug reversed! Have we stopped that?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 January 2013 at 3:22PM
    gregg1 wrote: »
    it is according to Which who have covered this in an article this month and also a Which lawyer who I spoke to today. It is illegal under the Plugs and Sockets Regulations 1994 even if the item comes with an adapter and this applies to non UK companies if they are selling to the UK.
    I may have misunderstood. Is this seller advertising for sale in the UK or have you purchased from a German website and effectively importing them yourself? If the latter then the regulations wouldn't apply.

    Also, as far as an adapter is concerned I believe it's OK to supply a fully BS1363 compliant "conversion plug", ie, adapter.
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