Item not received after 7 weeks - EU seller

powerful_Rogue

jupiterthegreat999 said:

steampowered said:

The above posters are mistaken. English law applies to your contract with Dior. It makes no difference that Dior is a French company.

This is because, as a mandatory rule of law, within Europe, where you have a contract between a business and a consumer, it is always the law of the place where the consumer lives that applies. This is what EC Regulation 593/2008 states - this takes precedence over any choice of law in the T&Cs: 
"a contract concluded by a natural person for a purpose which can be regarded as being outside his trade or profession (the consumer) with another person acting in the exercise of his trade or profession (the professional) shall be governed by the law of the country where the consumer has his habitual residence"

The Dior T&Cs do actually recognise this. The Dior T&Cs say: 
"These general terms and conditions of sale shall be subject to French law, unless otherwise required by Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I)."

That position may change in future due to Brexit (Brexit is very bad for consumers - indeed for anyone who buys anything from outside the UK), but for now remains a part of UK law.

Furthermore, it is perfectly possible to sue a French company in the UK through the UK courts. The UK courts allow you to serve proceedings on a company anywhere where it does business. You just need to identify a business address used by Dior in the UK.

However, the T&Cs do likely allow a refund to be paid for non-delivery, so I'm not sure you can force them to pay you the difference.

Might be easiest to just accept a refund or get one from your credit card company.

Thanks. This is the answer I was looking for. Some of the other commentators are jokers. - I won't name them; they know who they are. It doesn't seem plausible that one has to sue them in French court and write them the letter in French. 

"However, the T&Cs do likely allow a refund to be paid for non-delivery, so I'm not sure you can force them to pay you the difference.
Might be easiest to just accept a refund or get one from your credit card company."

^^ I know that fully well. I only wrote the letter to draw their senior management to the attention. The worst case scenario is a speedy refund with a letter - more likely than not, I will get a replacement. In a rational world - you'd expect business normally wants your customs. Forcing you to take a refund and refuse to let you buy again when they have been poor, well, seems irrational. I figured that if they were going to force me to take a refund, then they probably would have done it anyway if I did not write a letter. I could have written a normal letter of complaint, but I don't think that would receive much attention.

If I call up a credit card companies, I will get a refund for sure, but I was still hoping to get a replacement.

Love it! Pick a wrong answer which fits in with what you want to do and ignore/insult everyone else. Your plan is very weak and doomed to failure.