Buying something from Germany - what are my rights?

bod1467

In the OP the website has a .co.uk domain. To me that means the sales are targeted at the UK. Whether this is the same for gregg1 I don't know.

arthurfowler

If it doesn't work out with the online trader, can I hit up the delivery company? I didn't sign for it and they left it behind my bins. This is what the delivery company website says:

If the sender hasn't requested a signature, our driver can attempt to leave your parcel in a safe place. To protect the safety of your goods we have certain guidelines in place as to what counts as a 'safe place'. For example, in or around waste bins is not permitted.

I don't know if the german company requested a sig, but from the sounds of this, it doesn't matter?

I also read this on the CAB:

You have both UK statutory rights and the rights of the country where the seller is based if you signed a contract for goods or services with a seller based in another EU member country, the seller advertised in the UK and you concluded the contract in the UK. An example of this situation is if you bought shoes from a mail order company based in Italy, you saw the advert in a UK magazine and you sent the order from the UK.

They were an aff on quidco.com (don't know if they are classed as UK company?). The payment was made via amazon payments.

Helix

arthurfowler wrote: »

If it doesn't work out with the online trader, can I hit up the delivery company? I didn't sign for it and they left it behind my bins. This is what the delivery company website says:

If the sender hasn't requested a signature, our driver can attempt to leave your parcel in a safe place. To protect the safety of your goods we have certain guidelines in place as to what counts as a 'safe place'. For example, in or around waste bins is not permitted.

There is no contract between you and the courier, only you and the retailer. Therefore you can't claim from the courier, only the retailer can if they want to.

vuvuzela

arthurfowler wrote: »

If it doesn't work out with the online trader, can I hit up the delivery company? I didn't sign for it and they left it behind my bins.
<snipped>
They were an aff on quidco.com (don't know if they are classed as UK company?). The payment was made via amazon payments.

You have no contract with the delivery company, just the company you ordered the goods from.
What is the actual web address of the company and were the prices quoted just in pounds ?

Scarpacci

No, I don't think you could take this up with the courier. Whether a signature is required is a choice for the sender, there's no legal duty to have people sign for their parcels. You have no contract with the delivery company, so I don't see how they can be liable for a damaged parcel - that's something the German store would have to take up with the courier.

arthurfowler

This is the company:

posterxxl.co.uk

Everything I saw on the website is in pounds - looks like a UK company to me, but obviously i'm wrong.

Also, the customer advisor stated that the terms and conditions state that a refund will be sent if the order is damaged. I can't see anything like that in their TsCs?

http://www.posterxxl.co.uk/terms-and-conditions

bod1467

arthurfowler wrote: »

You have both UK statutory rights and the rights of the country where the seller is based if you signed a contract for goods or services with a seller based in another EU member country, the seller advertised in the UK and you concluded the contract in the UK. An example of this situation is if you bought shoes from a mail order company based in Italy, you saw the advert in a UK magazine and you sent the order from the UK.

From what I can see the above applies. So you should be able to initiate a chargeback via your card provider. (Assuming the payment wasn't via Paypal or similar).

zaax

You need to go back to the company that sold you the goods to see what they say.
All EC countries have the same SOCA therefore charge back (both credit and debit) DOES apply and all the EC counties have a the equivalent of our small claims system for Germany you start with a Antrag auf Erlass eines Mahnbescheids- this website will guide you though the process https://www.online-mahnantrag.de/omahn/Mahnantrag?_ts=8759714-1357313636208&Command=start

gregg1

neilmcl wrote: »

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.

I probably did not explain properly. Yes the company advertised for sale in the UK.

I can only go on what Which say in their article and what their solicitor informed me. That is that even though they may supply a conversion plug, it is still illegal to have sold the item with the two pin plug in the first place (exceptions I assume being shavers and that is due to the fact that they are to be used in the bathroom).

I have no idea if they are incorrect or not but have assumed they know their stuff. I know I will be more careful on Amazon in future regarding who and where I buy from;)

Ps. Apologies to the OP for hijacking your thread.

gregg1

bod1467 wrote: »

From what I can see the above applies. So you should be able to initiate a chargeback via your card provider. (Assuming the payment wasn't via Paypal or similar).

I agree, chargeback is the way to proceed on this (but hope you are not with the same bank as I am as they had no idea what they were talking about and were spouting garbage to try and get out of doing it).