Warranty rights on import

tangotonyb

I bought a car head unit from the German warehouse of a Chinese company online.
Just under 6 months later it dies.
They're insisting I have to pay to ship it back to China AND pay for them to ship a replacement back to me.
Citizen's advice told me that the Consumer Right's act doesn't specify shipping costs so that what the trader says goes. They then made me uncertain as to whether they knew what they were talking about by saying that I couldn't go to a UK court anyway - it would have to be a German or Chinese court.

Reading advice - e.g. from Which, they state that I should NOT be liable for returning a faulty item.

The costs I face are significant - they are specifying I use a particular shipping agent which will cost me £40, + £30 return shipping.

Does anyone have any experience to share, or know any facts here that could help me?

Thanks

shaun_from_Africa

The first thing to remember is that as there is no legal right for a warranty to be supplied, the manufacturer or retailer (whoever it is supplying the warranty) is entitled to have T&Cs that may be outside of your rights under consumer legislation.

If the retailer you purchased from is based in China and the contract was formed under Chinese law, any consumer rights you have will also be those under Chinese law and if these state you must pay to return faulty goods, then this is what you are will have to do.
Even if you do have rights, you would have to attempt to enforce them against a Chinese seller in a Chinese court.
If you could prove that the contract was covered by German/EU law then you may have an easier chance of getting the retailer to cover the return costs.

This is one of the downsides from buying outside of the EU.

DoaM

Who did you pay? The Chinese company or the German distribution warehouse?

ssparks2003

Your contract is with a company in China as that is where you purchased it from; where it was shipped from is neither here no there, you have no hope in taking them to court. How did you pay for the head unit?