Chargeback or not?

cj_

Hi all,

I recently made a purchase from the UK, to a company that is based in Germany but operates a .co.uk site and a UK number (looks like they are a UK company to an unsuspecting customer, but they're not). This is perhaps immaterial, so I'll cut to the chase.

I bought some items from them using my Credit Card (Nationwide Visa). The items were bought due to their description and compatibility being clearly labeled on the site and item. The value was around £50-60 total.
Let's just say it wasn't a smooth or quick process, but the items eventually arrived a couple of weeks later. I opened the box and checked, only to find that what they'd sent was nothing like the items I had planned to replace, and they were in fact not compatible at all :mad:

I followed their documentation and asked to return said items. They have said that I can only get a refund if I ship the items back to Germany, pointing to their documentation in such a way that it looks like I've just decided I didn't want them, rather than the fact that they'd sold me something that is of no use to me (because they don't fit the purpose they were marked for).

Anyway, they've pretty much refused to entertain the EU consumer law, and are saying that I should have purchase their "protection" at checkout (which, like Sports Direct, is one of those things where you pay a fee upfront in case you want to return anything) if I wanted to be covered for the shipping cost. The shipping cost, in this case, would be pretty near the purchase cost.

I find it quite bemusing that a company would be trying to fob off their own errors onto the consumer, as it is a large site/company from what I have deduced, but at the same time it hasn't exactly got a great rating on trustpilot (found out after ordering!).

They've been quite rude when I've tried to resolve things via email, even suggesting that I should just sell them on myself if I don't want to send them back to them (I do want to send them back, I have absolutely no use for them, but I can't afford to pay for shipping back an item (money I won't get back) when they have lumped me with items that aren't as described.


Is the best course of action to try and do a chargeback? (or am I just being silly)

eddddy

Did the website t&cs say the contract is governed by UK law or German law? (I don't know German consumer law, it may be different from UK law.)

Under UK consumer law, if goods are 'not as described' the retailer must either arrange collection or reimburse the cost of returning them (otherwise they are in breach of contract).

The problem is, you might have to return the goods, and wait for the retailer to fail to reimburse the costs - before you can claim for breach of contract and action a chargeback.

Maybe ask your credit card company for their advice. If you do exactly what they say, it would probably strengthen you case for a chargeback.

cj_

I think it's German Law, but from what I have read we are all governed under the same European contract. As a result, it seems the UK Law, German Law, and European Law (referred to in German Consumer Law as 'Nacherfüllung').

I can't return them as they are no accepting responsibility for the return costs, which is the crux of the issue. I am under the impression that they are in breach of contract, but they aren't accepting that point of view (nor will they confirm that, they just reply with an unrelated response).

If I did return them, I'd only get a refund of the original transaction, which is almost eclipsed by the cost of returning the items to Germany (although, as stated, I want to return them - just not out of my pocket!).

MEM62

Send them back on a charges collect basis.

eddddy

cj_ wrote: »

I can't return them as they are no accepting responsibility for the return costs, which is the crux of the issue. I am under the impression that they are in breach of contract, but they aren't accepting that point of view (nor will they confirm that, they just reply with an unrelated response).

If I did return them, I'd only get a refund of the original transaction, which is almost eclipsed by the cost of returning the items to Germany (although, as stated, I want to return them - just not out of my pocket!).

I did read and understand your original post.

I'll try to explain my post more clearly.

• If the supplier breaches the contract, you can make a chargeback claim.

• As of today, the supplier has not breached the contract (they are just threatening to breach the contract) - so you cannot make a chargeback claim

• If you send the 'not as described' goods back to the supplier, and they don't refund the postage (and selling price) - then they will have breached the contract.

• Then you can make a chargeback claim.

But I can understand the reasons for you not wanting to send the goods back - just in case the chargeback fails.

That's why I suggested that you contact your bank - to ask what information they usually need for a successful chargeback. e.g. Proof of postage, photographs, copy of receipt etc.

System

Did you purchase them for your business or were they for personal use?

dj1471

eddddy wrote: »

As of today, the supplier has not breached the contract (they are just threatening to breach the contract) - so you cannot make a chargeback claim

Yes they have - the goods are not as described, the description forms part of the contract.

This is a valid chargeback reason, that's the route to take. Keep hold of the goods should the merchant wish to collect them or pay return postage.

Interestingly, since the trader has targeted UK consumers by using a UK domain and phone number UK law may apply to the purchase.

Ben8282

In what way exactly were the goods not as described?
If you ordered shoes and got sent saucers then that is a pretty clear case of 'not as described'. But if it was something not so obvious it may be harder to prove.
I don't really think that it matters whether German or UK law applies as I can't really imagine the OP commencing legal proceedings against a company located in Germany over such a small amount of money. It would cost the OP a fortune and probably get them nowhere.
English law would however apply in respect of the chargeback.