Online shopping from Italy

SavingQ

Hi, I am trying this for the first time and am desperate for advice. I bought a sofa for 8000 euros from an online Italian furniture website called B3eshop. I paid using paypal and Mastercard in advance of delivery. Once the sofa was delivered, I realised the base had lots of scratches all over on the chrome bars. Clearly it had been used either in someone's house or as a display item. The company accepted at first that it was not right, even accepted that they should have checked properly but once got in touch with sofa making firm, changed their tune ( who said it was 'cured in less detail' as it was the non-visible part). The company keep apologising but refusing to honour agreement. I have asked for 15%( 1200 euros) back as ex-display item. They are refusing any refund, the best they are offering me is a choice of free gifts like lamp and coat hanger worth 100 euros max. In the UK, I would have started Court proceedings against them but they are based in Sicily. Can anyone please advise me what my rights are and how I should proceed. Will paypal or Mastercard help me? Are there any EU laws protecting me? It is a huge amount of money and I am so disappointed and upset. Any advice or help will be massively appreciated. Thanks in advance

wealdroam

SavingQ wrote: »

Hi, I am trying this for the first time and am desperate for advice. I bought a sofa for 8000 euros from an online Italian furniture website called B3eshop. I paid using paypal and Mastercard in advance of delivery. Once the sofa was delivered, I realised the base had lots of scratches all over on the chrome bars. Clearly it had been used either in someone's house or as a display item. The company accepted at first that it was not right, even accepted that they should have checked properly but once got in touch with sofa making firm, changed their tune ( who said it was 'cured in less detail' as it was the non-visible part). The company keep apologising but refusing to honour agreement. I have asked for 15%( 1200 euros) back as ex-display item. They are refusing any refund, the best they are offering me is a choice of free gifts like lamp and coat hanger worth 100 euros max. In the UK, I would have started Court proceedings against them but they are based in Sicily. Can anyone please advise me what my rights are and how I should proceed. Will paypal or Mastercard help me? Are there any EU laws protecting me? It is a huge amount of money and I am so disappointed and upset. Any advice or help will be massively appreciated. Thanks in advance

Are you saying you used your Mastercard credit card to pay via Paypal?
If so, then I do not believe Mastercard will be able to help you.

Perhaps you could use Paypal to raise a 'significantly not as described' claim?

If you paid part by Mastercard and separately part by Paypal, then Section 75 of The Consumer Credit Act may help.

Perhaps The UK European Consumer Centre can help you.

dj1471

There's an EU Small Claims process.

steampowered

There are EU laws that protect you. EU law says that UK consumer law will apply, and that you are entitled to bring court proceedings against this company in the UK (even though they are based in Italy).

You would still have to go to Italy to actually enforce a CCJ though. The most practical way may be to go through paypal.

SavingQ

Many thanks for this quick reply. Yes I paid 50% via paypal and 50% via Mastercard

wealdroam

SavingQ wrote: »

Many thanks for this quick reply. Yes I paid 50% via paypal and 50% via Mastercard

In which case Section 75 of the Consumer Credit Act makes whoever issued your Mastercard equally responsible with the seller for performance of the contract.

Have a read of MSE's Section 75 article and you will see that the card issuer is responsible for the whole of the contract, not just the 50% paid by card.

So Paypal SNAD or Section 75?
Your choice really, but I feel maybe the issue is perhaps not enough to be described as 'significant' for a Paypal SNAD claim.

bris

It can't bother you that much that you want a partial refund. I would understand your complaint better if you wanted a full refund but it looks like your just wanting to get some money back, kinda waters down your complaint tbh.

theonlywayisup

If your Paypal transaction shows it was a deposit (or part payment) you won't be covered by buyer protection.

SavingQ

Hi, I had to take a day off work and employ 3 people to help with delivery, unpacking and assembly and most of all getting the sofa through the front door and into the living room. It cost me so much extra money and was so exhausting that I was willing to accept damaged item for a discount. Do you think it would be better for my cause if I asked for a full refund and they could arrange collection of sofa? Thanks

George_Michael

bris wrote: »

It can't bother you that much that you want a partial refund. I would understand your complaint better if you wanted a full refund but it looks like your just wanting to get some money back, kinda waters down your complaint tbh.

I disagree.
If I went onto Furniture village and saw an item that I liked but it was damaged due to it being a display model and was the only one available, I certainly wouldn't be willing to pay full price for it.
Buying a returned item from a shop is the same. If the item was both cosmetically and functionally perfect and it couldn't be differentiated from a new and unused item then fair enough if it was sold at the full price but if it was marked or damaged, why shouldn't someone expect the price to be reduced to reflect the damage?

SavingQ

Thank you. That is how I feel. For 8000 euros I expected it to be absolutely perfect.