Innovamaxx!

Lillymae

Hi,

I ordered a treadmill off of Innovamaxx for £359.00 and when it arrived it was not only unable to fit together it was damaged as well.

I paid for it through Paypal credit and both Paypal and the Seller are saying I need to pay for the item to be returned, it came from Germany and will cost a minimum of £150 to do this.

I've said to Paypal that I believe that if the goods are faulty according to the Consumer Act that the seller must either collect the item or pay for its return but Paypal are saying their hands are tied and it's my responsibility!

Are they correct and if not what can I do?

Thank you.

JJ_Egan

Consumer Act is UK  not Germany .

Who did you actually purchase from UK company .

Lillymae

JJ_Egan said:

Consumer Act is UK  not Germany .

Who did you actually purchase from UK company 

I ordered it from a company called Sports Tech UK. 

JJ_Egan

Berlin company .

https://www.sports-tech.uk.com/about

Lillymae

JJ_Egan said:

Berlin company .

https://www.sports-tech.uk.com/about

Is there anything I can do then? I wrongly assumed it was a UK company ( due to it saying UK 🤦‍♀️) 
I’ve checked their reviews and they are horrendous, should have done that before! 

There is no way I can afford to send it back and they are ignoring all my emails! They have told PayPal I need to return it but are saying they won’t reimburse any costs. 

Lillymae

Can anyone help please? 

Thank you

Aylesbury_Duck

You need to have a look at German consumer laws to see if they are acting correctly.  If they are, you've either got to swallow the £150 and send it back, or write off the £359.

Any chance you can find someone to take a look at it to fix it?  That might be the cheapest option.

Lillymae

Aylesbury_Duck said:

You need to have a look at German consumer laws to see if they are acting correctly.  If they are, you've either got to swallow the £150 and send it back, or write off the £359.

Any chance you can find someone to take a look at it to fix it?  That might be the cheapest option.

It’s not repairable, the top electrical part doesn’t fit at all on the base! 

Will have a look at German laws, no way can I afford to lose £359 😔

Aylesbury_Duck

Section 6 of their terms and conditions says this:

6) Liability for Defects

6.1 The statutory consumer rights will apply.

6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.

6.1 is what you need to look into, to see what those are in Germany.  In the UK, a retailer's policy cannot diminish your statutory rights.

6.2 seems pretty clear.  They do have a right to ascertain that the fault exists.

Lillymae

German law states that the seller must pay for repairs, transportation costs etc if the item is defective! 

I have sent photos clearly showing the defects etc 

Aylesbury_Duck

That sounds positive.  Perseverance will be the name of the game, then.  With a credit card sale or UK retailer, you'd have card protection and ultimately the option of small claims.  You have neither in this instance, so you don't have any leverage.  What's the status of Paypal Credit?  Any recourse through that route?