EU online purchase, wrong item sent

thegasmon

Hi, I ordered a cordless drill from passiontec .co.uk which is a German based company and they sent me the wrong drill. It was a PayPal transaction.

After struggling to contact them (London phone number, no body answers) I finally got some email replies.

They insist that I send the incorrect drill back at my cost with the promise of a refund. I have refused and have suggested they cover the costs upfront but the just keep replying that I must pay and try to claim back.

Where would I stand if this was a UK sale and what differs because it's an EU sale?

Am I right in thinking that because they have not supplied the goods in the sale contract I can have a full refund and leave it to them to collect the wrong item back?

Thanks

KeithP

Have you considered a Paypal dispute?

Were you buying as a consumer or as a trader?

The definitions of both are in passiontec.co.uk T&Cs.

Also, section 7 of their T&Cs discusses Law and Jurisdiction.

Have a read of that and come back with further questions.

bris

Their resolution is perfectly fair. Send it back get a refund, isn't this standard practice.
You really think they are going to give you a refund first, they will not take the chance that you are a chancer and why should they.

dekaspace

bris wrote: »

Their resolution is perfectly fair. Send it back get a refund, isn't this standard practice.
You really think they are going to give you a refund first, they will not take the chance that you are a chancer and why should they.

Looking at what they said, they never said they wanted a refund first, they said they wanted their COSTS covered.


I assume that to mean more like if it costs £10 to post back to get £10 sent to them, rather than spend £10 and if unlucky not get a refund or the £10, or if lucky the refund but not the £10 postage.


So I can see what they are getting at.


If its because what they said after, I see it as their misunderstanding goods sent in error, had they been sent a item they didn't order then its up to the company to pick up.


So it seems a play on words.

bris

dekaspace wrote: »

Looking at what they said, they never said they wanted a refund first, they said they wanted their COSTS covered

I know exactly what they said, they won't send them any money to cover costs in case the take it and run.


Not all companies, even in the UK offer a collection service. The standard practice in this case is to return it and your reasonable costs will be refunded.

dekaspace

bris wrote: »

I know exactly what they said, they won't send them any money to cover costs in case the take it and run.

Not all companies, even in the UK offer a collection service. The standard practice in this case is to return it and your reasonable costs will be refunded.

But then theres a chance they can send it back and not get return costs they even used the word try which implies the company hasn't given a definative answer.


Either way you said they wouldn't give them a refund first in case they are a chancer, not that they wouldn't just send costs.


But it would seem if its a item of high value then return costs are high, if its low value then it may cost less or near costs of returning it.


We can't tell as we have little to go on.

theonlywayisup

Op you should open a Paypal dispute. You will have to cover the cost of sending the item back fully tracked but Paypal offer a "returns on us" scheme. If you google that you will see you can get £15 from Paypal.

thegasmon

All I want is the cost of postage up front. I will post it back and then they can refund my cancelled sale. So in theory they will have £190 of mine and will be sending me £30-40 to post it back. Even if I don't post it they have my money so why should they trust me less than I'm having to trust them?

From a legal point of view am I right in thinking that my contract of sale is for the item I ordered only. I have paid they have not delivered the item so they have failed to uphold there side of the contract. The incorrectly sent item is a separate issue, it's there property and I have to look after it but I don't have to send it back at my cost.
I am entitled to a refund of my money no matter what as they have not deliverd the item in my contract of sale,even tho I have another item of there property.

I'm not after keeping this item, I can't use it, it's not what I want. The fact I still don't have the item I ordered is now costing me money as I don't not have it to use.

I hope I'm making sense.

KeithP

What about these two questions:

KeithP wrote: »

Have you considered a Paypal dispute?

Were you buying as a consumer or as a trader?

I guess this statement answers one of those questions:

thegasmon wrote: »

The fact I still don't have the item I ordered is now costing me money as I don't not have it to use.

.

thegasmon

I have opened a PayPal dispute.

I am a consumer, it's not a business transaction. It's costing me money as I now have to take time off work for another delivery, I have incurred phone call costs even tho they don't answer there phone it costs to listen to a recording especially a German number. it will cost me more money when I take time off work to try and send or allow collection of the wrong item.

KeithP

Oh, I thought you said it was costing you money because you didn't have it to use.