Newly purchased item is faulty - should I have to pay for return postage under warranty?

melaniehardman12

I bought a cat GPS tracker collar from a company in Austria. It was faulty on delivery. I do want a work device.

They are asking me to claim under the warranty, but say I have to pay return shipping costs.

Is this right?

The shipping was free.

Any guidance most gratefully received.

Melanie

Aylesbury_Duck

Depends on consumer law in Austria. That's what you're bound by since you bought from there.

melaniehardman12

Thank you for the reply, does this count even if I bought it online from the UK?

My very best, Melanie

shaun_from_Africa

What matters is where the company is actually based.
What was the website that you used to make the purchase?

Matty36

If you bought from ebay, open a case and ebay will force them to supply a return label, regardless of where they are based.

Done it many times after receiving faulty or incorrect items.

But until we find out where you bought the item, its difficult to say

melaniehardman12

Thanks all, really appreciate all your help so far. It was from tractive dot com

Have a super day.

My very best. Melanie.

JJ_Egan

Yes its a non UK company based in Linz Austria .
Does not look like a UK online company its .com no appearance of UK purchase .

sheramber

XVI.Place of Fulfillment, Contract Language, Choice of Law, Place of Jurisdiction1.Place of fulfillment is Linz.2.Contract language is German.3.The contracting parties agree on Austrian jurisdiction. If the transactionis not a business-to-customer transaction, any claim ordispute arising in connection with these Terms and Conditionsshall be decided exclusively by a court of competent jurisdiction located in Linz, Austria4.These Terms and Conditions shall be governed by the laws of the Federal Republic of Austria, without giving effect to (i) its conflict of laws principles(e.g.EVÜ, ROM I-VO) and (ii)the United Nations Convention on Contracts for the International Sale of Goods. This choice of law applies to a consumer only if it does not restrict any mandatory statutory provisions of the state in which the consumer has his/her domicile or habitual residence.Regarding business-to-consumer transactions, the law of the consumer's state of domicile or habitual residence shall apply.

https://assets.tractive.com/static/legal/en/terms-of-service.pdf

unholyangel

JJ_Egan wrote: »

Yes its a non UK company based in Linz Austria .
Does not look like a UK online company its .com no appearance of UK purchase .

I agree there is no hint of any UK presence, but a .com suffix generally just means commercial and doesn't indicate geographic location.