Hoping someone can point me toward specific parts of EU regs for returns

Mega_Maniac

Hi,
So I just received a product from AliExpress (and yes, I know any 'rights' I therefore have are at their whim) which is not as described. I am preparing for the seller to say "sure I'll refund you, but you must pay postage", which will be the best part of 1/3rd of the £300 purchase cost. 
In the AE terms they state that their sellers must comply with the regulations within the countries they sell to. They specifically mention the 14 day right to return, but then also specifically say that the buyer must pay postage. This is true for items where the buyer simply changes their mind, but faulty or not as described goods must be returned at no cost to the buyer under the EU directive (that is my understanding).

I can find references to the above on third party websites, but when looking at the directive I can only see references to the 14 day right to cancel and separately the varying rights to return faulty goods.
I cannot find anything about the immediate return of goods that are faulty/not as described upon initial receipt.

If anyone can help me find what I am looking for I would be most grateful. 
Cheers,

KatrinaWaves

Why do you think the EU regs are relevant to AliExpress... it’s basically Chinese ebay and I can’t imagine that their sellers are bound by the law of every country they sell to. It makes no sense. 

born_again

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

Is what you are looking for. Not anything EU related.

Mega_Maniac

KatrinaWaves said:

Why do you think the EU regs are relevant to AliExpress... it’s basically Chinese ebay and I can’t imagine that their sellers are bound by the law of every country they sell to. It makes no sense. 

Because their website says so. 
"The seller must comply with other relevant legal requirements (warranty, return, etc.) that may be applicable depending on your location as buyer. For instance, in most EU countries you will generally have a 2-year legal conformity warranty and a 14-day free right to return (please note that in case of return, the buyer must bear the cost of returning the products to the seller)."

As I say in my first post, I am aware these 'rights' are at their whim. But being able to quote the regulations that apply to my "location as buyer" with regards to this statement from AliExpress may help me fight my case. I am under no illusions that the EU regs are actually applicable beyond this assurance from AE.

born_again said:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

Is what you are looking for. Not anything EU related.

Thanks, I found this but it also does not contain the information on who pays for returns in what circumstances as far as I can see.

DCFC79

Whats the item ?
Have you contacted AE to see what they say ?

Mega_Maniac

Thanks, but I really am not looking for advice on how to return this item, I have been through this dance many times before and I know the score. Because of this I am very specifically looking for the information I asked for so I can use it to state my case. 

JJ_Egan

As posted their web site can say anything .

They are not in the EU so EU directives don't apply .

UK is not part of this directive  we have Consumer Rights .This is your location as the buyer .

But CR does not apply to a Chinese company .Likewise EU directive .

Governing law is Chinese for Alixpress/ Alibaba .

KatrinaWaves

JJ_Egan said:

As posted their web site can say anything .

They are not in the EU so EU directives don't apply .

UK is not part of this directive  we have Consumer Rights .This is your location as the buyer .

But CR does not apply to a Chinese company .Likewise EU directive .

Governing law is Chinese for Alixpress/ Alibaba .

That’s not the very specific info they want. I assume they want someone to trawl the EU regs for them, hence why no one has replied  

MH1927

The EU Directives also only apply to the Member State, not to any Individual or Organisation that resides within.

Directives set out an objective to be achieved at a national level; however each Country can choose how is this done. Its not unusual for a member to state they are already compliant (by virtue of existing national laws exceeding the minimum stated in the Directive) and refuse any further action.

So OP I would suggest looking at the CCR's 2013 as an actual Law.

unholyangel

JJ_Egan said:

As posted their web site can say anything .

They are not in the EU so EU directives don't apply .

UK is not part of this directive  we have Consumer Rights .This is your location as the buyer .

But CR does not apply to a Chinese company .Likewise EU directive .

Governing law is Chinese for Alixpress/ Alibaba .

You know the EU directives are the parent instrument for our own consumer rights legislation? 

The UK has never given any special rights to consumers off their own back. All of our consumer specific rights  have come from the EU. 

Manxman_in_exile

Can't AliExpress say what they like in their T&Cs?  The problem for the OP is that some seller on AE has £300 of their money and they want it back without paying 1/3 of that again in return postage.  So how does the OP enforce AE's terms?  The answer is they can't can they?  They might not even get any of their money back even if they return the item and pay £30 postage for the privilege.

OP I suggest it's a  waste of time quoting UK consumer legislation at your AE seller as they will only be laughing at you for giving them £300.  If the only way you have any chance of seeing any of your money back from the seller is to return the item, but the seller won't pay the return postage - you're stuck.  You're not going to win any Pyrrhic victory over AE by engaging in email tennis and trying to hold them to their T&Cs.

I presume there's no viable s75 or chargeback route?