What are my rights re: cancelling a dodgy 3pinproducts order that’s dispatched from overseas?

martin2345uk

I emailed them to but they said as per their terms I have to wait till it “arrives”...

isplumm

Were_Doomed said:

Because the company is a UK company and this was an online purchase. Therefore they're obliged to comply with specific UK legislation and UK contract law ... these allow the consumer to cancel the contract/withdraw their offer* prior to goods being shipped and the seller is obliged to give the consumer a full refund.

* If the seller's T&Cs say that contract is formed once they've sent a despatch notification then there is no contract until that notification is sent. Thus if the consumer sends their cancellation notice prior to receiving the despatch notification then there isn't actually a contract to cancel - the consumer would actually be withdrawing their offer for the goods.  

thanks for this - are they a UK company? I wasn't sure?

martin2345uk

Apparently with a Section 75 claim it doesn’t even matter if they’re a U.K. company...

DiddyDavies

martin2345uk said:

Apparently with a Section 75 claim it doesn’t even matter if they’re a U.K. company...

Shouldn't that state "it doesn’t even matter if they’re not a U.K. company..."?

Whilst it's certainly true that you can make a S75 claim when the purchase was from an overseas company, it may well not be anywhere near as straightforward as if the purchase was from a UK based retailer.
This is because a successful S75 claim relies on there being a breach of contract and with a UK seller, you can generally use the Consumer rights act or other consumer rights legislation in relation to showing that a breach has occurred.

However, when dealing with an overseas retailer, the contract of sale may well be based on the laws in place in the country that the seller is operating in and these laws might be very different and give far less protection to a consumer so what may be prohibited when buying from a UK seller may well be fine when dealing with someone from overseas.

martin2345uk

Well, I guess all I can do is try... 🤷🏻

Spank

Do or do not. There is no try

martin2345uk

Well, I guess all I can do is do or do not.. 🙃

happypie

I am confused as well.
Is seller in breach of contract here or not?
Some people are saying if goods aren't delivered in 2 weeks then chargeback can be raised.
Seller has cleverly mentioned on website that goods will take 2 months to arrive, wouldn't he show that to dispute chargeback?

Shall I raise chargeback now or wait for delivery window to pass? 1.5 months from now.

born_again

happypie said:

I am confused as well.
Is seller in breach of contract here or not?
Some people are saying if goods aren't delivered in 2 weeks then chargeback can be raised.
Seller has cleverly mentioned on website that goods will take 2 months to arrive, wouldn't he show that to dispute chargeback?

Shall I raise chargeback now or wait for delivery window to pass? 1.5 months from now.

Visa state that you can start a non receipt chargeback 15 days after the transaction debits your account. Or you can wait till the day after their supposed delivery date.
Retailer does have the right (45 days) to contest a chargeback.
Personally given the company I would start it now.
Anyone that seriously thinks that they will get a new i-phone for 50% less than RRP, has clearly never heard "If it sounds too good to be true, It is"
Even if one does turn up, odds on if you take it to a Apple store they will tell you it's a fake.

Any breech would be after the deliver date they gave.

martin2345uk

born_again said:

happypie said:

I am confused as well.
Is seller in breach of contract here or not?
Some people are saying if goods aren't delivered in 2 weeks then chargeback can be raised.
Seller has cleverly mentioned on website that goods will take 2 months to arrive, wouldn't he show that to dispute chargeback?

Shall I raise chargeback now or wait for delivery window to pass? 1.5 months from now.

Visa state that you can start a non receipt chargeback 15 days after the transaction debits your account. Or you can wait till the day after their supposed delivery date.
Retailer does have the right (45 days) to contest a chargeback.
Personally given the company I would start it now.
Anyone that seriously thinks that they will get a new i-phone for 50% less than RRP, has clearly never heard "If it sounds too good to be true, It is"
Even if one does turn up, odds on if you take it to a Apple store they will tell you it's a fake.

Any breech would be after the deliver date they gave.

I take it that's Visa and only Visa...?