Received Faulty Item From Overseas

BlueCreek

I have recently received a faulty GoPro from website GearBest.com. I have found out that this company is registered in China.

Upon sending a complaint they have given me three options.
All of which require me paying additional costs, in order to either, return the faulty good myself and pay for return shipped, or receive a new working item I must pay 80% of the items price.

Or I can simply keep the broken item, and receive a 50% credit to spend on their store.

I would like to know what my rights are with this being an overseas company? Do I still have statutory/consumer rights?

JayCartwright

Google Chinese distance selling regs and you'll have your answer.

Fosterdog

Have you tried contacting go-pro to see if they will fix it free under warranty?

marliepanda

Dare I ask, is it real? How much was it compared to a more well known retailer?

tomtontom

marliepanda wrote: »

Dare I ask, is it real? How much was it compared to a more well known retailer?

TrustPilot has countless positive reviews for them - all from one post wonders with a poor grasp of English. Dodgy!

dj1471

Your rights come from Chinese law:

Article 24: Where the goods or services provided by proprietors do not meet quality requirements, consumers may return them in accordance with national provisions or the parties' agreement, or request that proprietors fulfill obligations such as to make exchange or repairs. Where there are no national provisions of the state or party agreements, consumers may, within return goods within seven days of receiving them. Where after seven days the statutory requirements for rescission of the contract are met, consumers may promptly return the goods and where the conditions for rescission are not met, they may request proprietors to fulfill their obligations such as to make exchange or repairs.

In following the preceding paragraph to return goods, make exchanges or repairs, proprietors shall bear necessary expenses such as shipping.

http://chinalawtranslate.com/consumer-protection-law-including-2013-amendments/?lang=en

Not entirely clear given it's translated from Chinese, but it seems that in general sellers' T&Cs take precedence over the legislation, although the seller should pay the return shipping for faulty items. The law also requires them to publish their address and contact details, which they don't.

But it's probably not an argument you're going to win. The T&Cs do clearly state that the buyer is responsible for return shipping even where the item is faulty; legally-enforceable or not, you agreed to this when you ordered:
http://www.gearbest.com/about/terms-and-conditions.html

Your best bet is probably to shop around to minimise the return postage cost (get insurance) and chalk it up to experience. It's worth trying the warranty route with the manufacturer but they'll probably refuse to touch it since it wasn't purchased in the UK.

lovinituk

It's not just faulty - it's 100% fake!

You'll have to write this one off to experience I'm afraid.

George_Michael

lovinituk wrote: »

It's not just faulty - it's 100% fake!

You'll have to write this one off to experience I'm afraid.

It what the OP purchased was advertised as a Go-Pro but was in fact a copy then providing they paid with a credit or debit card, a chargeback or S75 claim (if over £100) is very likely to get them their money back providing that proof can be obtained showing that what they received was counterfeit.

However, if it was just a Go-Pro lookalike and wasn't actually called a Go-Pro, this is unlikely to work.

lovinituk

George_Michael wrote: »

However, if it was just a Go-Pro lookalike and wasn't actually called a Go-Pro, this is unlikely to work.

I think you're right here. I made the assumption it was fake being a 'branded' GoPro from a China seller. However I can't see any Gopros for sale on their site. All they seem to sell are Chinese branded cheaper versions of everything.

bris

It's came from China , it's fake, why do you think it was so Cheap?

bris

Legally enforceable, do you really think anyone is going to pop over to China to find out.