Wrong item sent to me from America

shaun_from_Africa

There may be a couple of options available to you.

If you paid via paypal, you could open a goods not as described dispute.
This will get your full original payment refunded and paypal should either ask the seller to provide a shipping label for the return postage or they may cover this themselves.

Alternatively, if you paid with a credit card and assuming that the total price was in excess of £100, you will have Section 75 protection.
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
This makes the credit provider equally and jointly liable for the performance of the sales contract.
Because of this, if the applicable U.S law states that the seller is responsible for the return costs, then the credit provider is equally liable.
Again, if the law states that the seller is liable for incurred losses such as the MOT and extra time off work, so is the credit card company.

It's often far from easy to get credit card company to abide by S75, but if it does apply, there is no harm in pursuing them for your losses if the seller doesn't cover them.

wealdroam

shaun_from_Africa wrote: »

...if you paid with a credit card and assuming that the total price was in excess of £100, you will have Section 75 protection.

I thought it was the item purchase price that needed to be over £100.
Thus, if these were sold as single lenses, then each lens needs to have cost over £100 to qualify for S75.
Alternatively, if these were sold as a pair of lenses, then that pair needs to have cost over £100 to qualify for S75.

shaun_from_Africa

wealdroam wrote: »

I thought it was the item purchase price that needed to be over £100

Yes that's correct.
I was assuming (maybe wrongly) that as the OP stated he bought a pair of these lights, they were sold as a pair rather that 2 separate items.


Even if the purchase was 2 separate items, once postage is included (I'm not sure exactly how this works for multiple items with regards to S75, maybe it's split according to the umber of items), the price for each item may well still be in excess of £100 as the postage alone was over $100.

Liambooth

Thanks for your responses. I thought that different laws might apply but was unsure. I should've probably included that the seller is located in Pennsylvania. Also I paid through Paypal so hopefully they will back me up on some of it. The lighting kit consists of 3 items, an LED kit, a drivers side lens and a passenger side lens, but it's all sold as 1 item and including shipping it came to just over $400. It would have made life a lot easier if i could just change the lenses but seeing as the brakes and indicators use the same bulb they the MOT test classifies that as lights interfering with each other and won't pass it. They have to operate separately and that's what this kit "apparently" does.

Thanks

Liam

agrinnall

Just to complicate thing Pennsylvania seems to be covered by two separate Better Business Bureaux:

Western Pennsylvania (apparently based on Pittsburg) - http://www.bbb.org/pittsburgh/

Washington DC and Eastern Pennsylvania - http://www.bbb.org/washington-dc-eastern-pa/

My guess is that the state consumer laws will be the same whichever one you contact, but it's probably worth picking the correct one for the location of the business you're dealing with in case they are already known to the BBB.

Rainbowgirl84

Liambooth, I know nothing about 67 Mustangs, but is this link any help?


http://www.rodsnsods.co.uk/forum/stuff-sale/67-68-mustang-led-tail-lights-amber-turn-signals-also-custom-work-available-47329

Liambooth

I checked them out on the BBB website and they are known, seems quite a few people have had problems with them, some have been resolved, but it seems like quite a few haven't. And the lights in that link were the ones I was going to purchase, the only problem was that the guy who makes them wouldn't have any made up for a few weeks and I wanted to get my car back on the road ASAP. But yes, they work the same as the ones that I ordered.

Thanks

Liam

Ectophile

Liambooth wrote: »

It's a 67 Mustang. From the factory they came with red rear indicators, they've got to be amber over here to get through an MOT. Not sure how it got through it's last one?

Thanks

Liam

Perhaps the MOT inspector didn't realise it was a 67 Mustang. If it had been a 65 one, it would have been legal. That's when orange indicators became compulsory in the UK.

Liambooth

It's a possibility, the place I take my cars to usually lets these sorts of things slide but he says recently they've been cracking down on the regulations so he wouldn't budge on it and failed it. The annoying thing is that it's the only reason that it's failed. I can understand where he's coming from because he would essentially be putting his job at risk just to let me have my car on the road.