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Retailer refusing to refund money

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  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Spectralis wrote: »
    Apparently they are based in Jersey and also Switzerland from where their products are dispatched.
    A presence in Switzerland?

    Google "drop shipping".
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Spectralis wrote: »
    Apparently they are based in Jersey and also Switzerland from where their products are dispatched.

    As a UK consumer requesting help I would like the correct information about my rights regardless of where the company is based. If you don't know fair enough but then why post?

    Having followed this up myself, Jersey laws are very similar to the UK because it has signed a European Directive concerning distance selling and amended its own laws.

    Goods or services must be delivered or provided within 30 days and the consumer has the right to cancel at any time from the date of the order up to 7 days after receiving the goods and services.

    That's all I wanted to know and now that I've found this out myself I can act on it.

    OK. Obviously it needs to be spelled out. Where you live is irrelevant. Where the company is based governs which laws apply. If you are in the UK and the seller is in the UK then UK laws apply. If you are in the UK and the seller is in another legal jurisdiction then their laws apply. It's as simple as that.

    Glad you are sure that you have the correct legislation. You would have had more than 7 days to reject an order had the company been based in the UK.
  • foxtrotoscar_2
    foxtrotoscar_2 Posts: 1,717 Forumite
    So Spectralis where did you find the misinformation that MyMemory was based in Sweden and remind me who it was who said:-


    'Posting the wrong information, even with the best intentions, helps no one and leads to further confusion.'
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    wealdroam wrote: »
    A presence in Switzerland?

    Google "drop shipping".

    No. No. NO!

    It's "unscrupulous" according to the OP. Beware of untrustworthy companies like John Lewis who would dupe customers by drop shipping directly from manufacturers such as Miele (the renowned maker of substandard products).
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 July 2015 at 10:47AM
    Spectralis wrote: »
    Apparently they are based in Jersey and also Switzerland from where their products are dispatched.

    As a UK consumer requesting help I would like the correct information about my rights regardless of where the company is based. If you don't know fair enough but then why post?

    Having followed this up myself, Jersey laws are very similar to the UK because it has signed a European Directive concerning distance selling and amended its own laws.

    Goods or services must be delivered or provided within 30 days and the consumer has the right to cancel at any time from the date of the order up to 7 days after receiving the goods and services.

    That's all I wanted to know and now that I've found this out myself I can act on it.

    There you go, why did you not do that in the first place ?

    So do they ship from Sweden or is it still Jersey ?
  • photome
    photome Posts: 16,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    LilElvis wrote: »
    OK. Obviously it needs to be spelled out. Where you live is irrelevant. Where the company is based governs which laws apply. If you are in the UK and the seller is in the UK then UK laws apply. If you are in the UK and the seller is in another legal jurisdiction then their laws apply. It's as simple as that.

    Glad you are sure that you have the correct legislation. You would have had more than 7 days to reject an order had the company been based in the UK.

    Its not as simple as that though

    I posted earlier that english law applies, as no 17 in their t and c states

    17. English law applies to this contract.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    photome wrote: »
    Its not as simple as that though

    I posted earlier that english law applies, as no 17 in their t and c states

    17. English law applies to this contract.

    That company is based in the Channel Islands, but the OP now claims that the company he ordered from is based in Sweden. Who knows which site he ordered from or which jurisdiction applies as he still hasn't posted the url.
  • antrobus
    antrobus Posts: 17,386 Forumite
    edited 21 July 2015 at 9:51AM
    LilElvis wrote: »
    That company is based in the Channel Islands, but the OP now claims that the company he ordered from is based in Sweden. Who knows which site he ordered from or which jurisdiction applies as he still hasn't posted the url.

    There is a MyMemory.com Ltd registered in Jersey
    https://www.jerseyfsc.org/registry/documentsearch/NameDetail.aspx?Id=8100
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    antrobus wrote: »

    As far as I know there's only the 1 mymemory website/company and they operate from Jersey.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    DCFC79 wrote: »
    As far as I know there's only the 1 mymemory website/company and they operate from Jersey.
    We can be certain there is a My Memory in Switzerland too.

    After all, the poster that told us that also said:
    Spectralis wrote: »
    Instead of posting misinformation please in future do not post anything at all unless you're sure you know what you're talking about. People who post here are trying to find the correct information and it is utterly demoralising to wade through misinformation and OT discussions in a consumer rights forum.
    :D
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