Ali-Express, EU Despatch, faulty products, consumer rights.

crapula

I recently bought an Ebook reader from Ali Express. The reader was despatched from a warehouse in Spain. The item has since become faulty. The seller has asked me to return it to China but I'm am reluctant to do so. Does anyone know if it is likely that this sale will fall under EU seller legislation? Also, assuming it does fall under EU legislation, how do people recommend i enforce those rights?

I am reasonably comfortable with enforcing my rights within the UK but have not had to do so in the EU and I assume it will be complicated if I need to take action against a Chinese company which is probably just renting a small part of a warehouse in Spain.

bris

Ali express are a Chinese company, in fact one of the biggest Chinese companies in the world, you need to take the good with the bad when you buy cheap stuff from China, it's always a gamble.


They have distribution warehouses all over the world to speed up delivery but you are still bound by Chinese law.

crapula

It wasn't that cheap. It seems like a bit of a hole in EU consumer rights legislation if companies can bypass them by being incorporated outside the EU but shipping from within the EU. The seller is not Ali-Express btw, they just operate the marketplace (at least in this instance).

KeithP

So it looks like you have bought from a Chinese company who ships from China.

It appears that they use AliExpress to carry out the shipping logistics - a bit like 'fulfilled by Amazon'.

The selling company appear to have done nothing wrong. I would suggest that the selling company do not occupy any warehouse space within the EU. It appears that AliExpress may do though.

forgotmyname

When did China join the EU?

Why use EU rights? Pick another country where the buyer has more rights.

custardy

crapula wrote: »

It wasn't that cheap. It seems like a bit of a hole in EU consumer rights legislation if companies can bypass them by being incorporated outside the EU but shipping from within the EU. The seller is not Ali-Express btw, they just operate the marketplace (at least in this instance).

Do you often enquire where stock is held when you purchase?
It has nothing to do with the transaction.
You bought from them because they were cheaper than EU/UK sellers
You bought from the EU warehouse to avoid customs and speed up shipping.

DCFC79

crapula wrote: »

It wasn't that cheap. It seems like a bit of a hole in EU consumer rights legislation if companies can bypass them by being incorporated outside the EU but shipping from within the EU. The seller is not Ali-Express btw, they just operate the marketplace (at least in this instance).

Shoul have just bouht an ebook reader from Amazon or the like.

Nothing wrong with using Ali express or similar websites but I personnally will only use them for purchases that A cant go wrong or B if an item stops working the cost is so small its not worth returning it.

Takmon

crapula wrote: »

It wasn't that cheap. It seems like a bit of a hole in EU consumer rights legislation if companies can bypass them by being incorporated outside the EU but shipping from within the EU. The seller is not Ali-Express btw, they just operate the marketplace (at least in this instance).

I'm not really sure why you used them if it wasn't that cheap?.

I buy stuff from Ali Express if it's really cheap and I'm happy to wait longer to receive it. If I can get the same/equivalent item from a UK seller with all the associated consumer rights for a little bit more then it's a no brainer to use the UK company.

crapula

Lots of responses but not much help (so thanks for the patronising replies). Anyway others who end up here might be interested in the response I received when I asked the appropriate people in the EU. They were able to provide the information I was looking for (I've had to remove the links as I'm not allowed to post them but you can find the details on the EU's official website).

This was my query: "You probably won't be able to help but I am unclear on something. I recently purchased an item on the Ali-Express marketplace from a Chinese manufacturer. That is, as far as I can tell, I purchased the item off the manufacturer and Ali-Express fulfilled the order. On check-out I had the option of having the item delivered from China or from Spain. Obviously I chose Spain as it would be likely to arrive quicker and the item was already in the EU therefore all taxes would have been paid and I wouldn't have any customs charges. The item has developed a serious fault and is less than 6 months old. I am currently negotiating with the seller but I am finding this difficult as I am unsure what my rights are (if I have any). When I ordered the item it was, presumably, already in the EU and could be said to have been sold within the EU. Does it, therefore, fall under EU consumer law? If so who do I attempt to enforce this against? Presumably, the seller is shipping from China but Ali-Express are importing into the EU in bulk and then fulfilling orders as and when they are made. Thanks in advance."

This was their response:
Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Dear citizen
Let me explain you that according to EU legislation on consumer s protection (Directive 1999/44 and Directive 2011/83), and also under Spanish legislation implementing the Consumers Rights directive (Law 3/2014 of 27 March which modifies the existing legislation on consumer s protection and Spanish Royal Decree 1/2007) if you have got a product or contracted a service in the EU and it doesn t work or it does not correspond to the product/service advertised, you have right to give it back and get the refund of it.
Under EU and Spanish rules on consumer s protection, in the particular case of purchases online you have a 14 days period of cooling to desist of your purchase if it is not what it was advertised or for any reason if you wish to do so. You have right for a full refund, it is not a decision of the seller.
The problem is that Aliexpress is just a platform or marketplace that has no social siege or establishment in Spain or in the EU. However, if the direct seller in located in the EU, they should comply with EU law and with Spanish law (if they are in located in Spain)(, although it seems that they have frequent claims for infringements of consumers rights.
As you are based in the U.K, you can address to the European Consumer Center in your country of residence, the U.K and they will help you with your claim: (url removed)
On the other hand, as the purchase has been done on line, there is an online dispute resolution site where you can send your claim directly to the trader or seller: (url removed)

Finally, should you wish to know more about your rights as consumer in the EU, I suggest you to visit the following link of Your Europe:
(url removed)
Yours sincerely
Your Europe Advice

mattyprice4004

Yes, we already knew that. They're saying if the seller is in the EU they can help... but they aren't.
The seller is Chinese, you need to get your head around the difference between where it was shipped from and where the seller is based.

Seller - China
Dispatched from - EU

The first one is the important part.
The information you've received literally does nothing to help you against a Chinese seller.

JJ_Egan

A typical very patronising reply from a user that asks for opinion but does not want to hear them .



<<Lots of responses but not much help (so thanks for the patronising replies).



EU* is not CHINA so ask EU about buying from non EU sources .