Distance selling rights when buying from overseas on credit card

shaun_from_Africa

This is the sort of case that could cause all sorts of problems.

As the purchase was made from an overseas supplier and the goods were shipped from the country of the supplier, as already mentioned, the SOGA would not apply (nor would the DSR's).

If Chinese trading laws (if there are any) state that the purchaser is responsible for the costs in shipping faulty goods back to the supplier, then the seller in question hasn't done anything wrong if they insist that this happens so any S75 claim might well fail as there has been no breech of contract by the supplier.

Yes, the CC company is jointly liable for the goods, but if they claim that the consumer laws in place in China require that the goods must be returned at the buyers expense, they could insist that this happens.

vikingaero

I can't see your card issuer being happy with you constantly fobbing off returned goods onto them - I suspect if it happens too often they would close the account.

Agricolae

wealdroam wrote: »

As S75 of the CCA makes the creditor "jointly and severally liable", does that mean that the goods could be returned to the creditor instead of to the seller?

I'm sure all the credit card companies would like that to happen.

This is exactly what happens in practice.

Because the creditor is liable, they stand in the supplier's shoes. So if you "sue" the creditor instead of the supplier, then it is the creditor who becomes responsible for repairing the faulty goods, or providing the refund. In a refund situation, you'd expect to have to return the goods. Because the creditor is standing in for the supplier, you have to return the goods to the creditor (at their expense).

I know it's weird but that's literally how it would work. Depending on the goods, it might be a bit unreasonable to expect the creditor to come and collect them (think big items like cars).