Distance Selling - Items listed on retail packaging not included. - RESOLVED

BobT36

Item:

• Bought a manufacturer branded & retail boxed wireless phone charger stand from an online company. Custom website, not Amazon, E-bay etc.
• Listed & selling in GBP, "UK Delivery (Royal Mail)" (international is separate), and Business Address on Contact us page is a UK address. 
• Item description is custom-written, but clearly depicted and listed as a "Retail boxed" item, including picture of (front) of manufacturer's retail box.

Received:

• Item was sent from China.. (Took much more time than expected, and was only provided with a working tracking code AFTER it had been delivered, so was non the wiser that it wasn't coming from the UK as expected..)
• Item retail packaging was "sealed" (small, clear sticker. Not a special manufacturer seal).
• Items specifically listed on the Retail packaging as included (literally the manufacturer's box for the charger) of a Travel Adapter plug and USB C-to-C cable are missing. 
• Instead just a USB A-to-C cable has been provided instead. Along with the charger & manual.
• Fortunately the charger itself is genuine, per checking the serial no with the manufacturer. It seems to be just the packaging contents that have been tampered with.

Challenge:

• Contacted seller to challenge. Seller admits it is the E.U, not the U.K version of the item they are selling (so it likely had an EU charger). 
• Manufacturer's website and also Amazon pages & reviews (for cross-referencing) all clearly show that the product should arrive with a plug & charger (as specified on the box..)
• Seller admits they open the packaging to remove the charger and C-to-C cable, and replace with an A-to-C cable as "that's all you need" and re-seal it. 
  
• Seller states "it doesn't say anywhere it is included". (This is true, however it doesn't say anywhere that these items AREN'T included either..)
  Seller states "You have ordered your charger from our website,  not Samsung or Amazon." (It is a supposedly sealed, new, retail boxed item. It shouldn't matter..)
• Seller states "If you want UK retail packaging then you need to pay UK premium price for it, as simple as that.". (Product was £39.99 GDP on their website with a Contact Us address listed in the U.K... This wasn't some cheap 2-pence AliExpress thing..) 
  
• I also point out that the box literally states "use enclosed Samsung Travel Adapter and cable for proper wireless charging" and that it would invalidate the warranty to do otherwise. 

Resolution (Ongoing):

• I requested a genuine plug adaptor and C-to-C cable be provided, OR to return the item. Seller suggested use their "resolution centre" to return.
• I have logged a return RMA case through their resolution centre. I am waiting for this to be processed. 
• The above stipulates a £2 restocking fee, if refund sent to original repayment method. 

Questions:

• What are my rights here if they start playing silly moo's? 
• As far as I understand it, the seller should accept the return and refund IN FULL, including shipping and with no "restocking fee". Regardless of whether that's to China or the U.K address.
• There's some ambiguity on goods being "as described" per the ambiguous website description, but a reasonable person would expect what's listed on the (pictured) box, to be in the box, yes? Unless CLEARLY otherwise stated (it was not). 
• If something is sold "as new" (not stated otherwise) and "retail boxed" clearly depicting the manufacturer's retail packaging, it's reasonable to expect everything to be in the box as listed, and to receive the same item & contents regardless of where that box is purchased, yes?
• What laws govern this nowadays, is it still the Distance Selling Regulations / Sales of Goods act? 

Seems they were trying to get around the legality of supplying electrical goods in the U.K without a U.K plug, by opening the package and removing the plug, then swapping the cable since there's now nothing to plug it into, and hoping the customer wouldn't notice that it literally says on the box itself that those should be included, lol.
Also of course, posing as a UK company offering UK (not international) delivery, when they're really just operating and shipping stuff from China..

Fortunately I paid with my Credit Card so aware Chargeback is an option. I presume I could use this even if they try and keep the £2? 

born_again

What's the website?

Sounds like a reseller.

Aylesbury_Duck

It sounds likely that you need to brush up on Chinese consumer law, rather than laws in the UK.  What website did you order from?

tightauldgit

Is this an Ebay sale? Or just some random Chinese trader website? 

If the latter I think you're probably onto plums for getting any kind of redress. 

If it turns out you've bought it direct from China from a Chinese based business then the laws governing it would be Chinese consumer laws. 

BobT36

This one: https://car-wireless.com/pages/contact-us

As you can see, they list a UK address for the business. Though I can't seem to find much about it so it's likely a lie... Their shipping on the shipping pages and also item page / at checkout also states: 
"Standard - United Kingdom - £0.00 GBP
FREE 3-10 BUSINESS DAYS UK RECORDED DELIVERY (With Tracking)
Shipping company: Royal Mail"

Dispatched on the 9th, received on the 19th. Was originally given a non-valid tracking number, and only provided a valid one literally on the day it was delivered, so was non the wiser it was actually coming from China so couldn't cancel.. Due to all the other misleading elements (no mention of it being the EU version of the product, no mention of the fact they open the box and remove / swap items) this was likely intentional). 

My argument are the goods are missing since what's listed on the physical box contents is NOT in the box. (This is a retail boxed item so one would expect the same contents regardless of where bought from, unless clearly states otherwise). This also renders it Not Fit For Purpose since the charger is meant to be plugged into the manufacturer's travel adaptor with a C-to-C cable, not into a PC or something with an A-to-C cable, as it literally says on the box. I'd therefore not be covered by warranty, otherwise. 

Surely anywhere selling a retail boxed product should not be opening that box to remove necessary items without making it clear they have done so..

As mentioned I paid with my Credit Card, so I'm aware chargeback is an option if they start playing silly buggers with extortionate return costs to China or "restocking fees".. Was just wondering which laws to reference nowadays if get into arguments, it used to be the Distance Selling regs? 

Aylesbury_Duck

If they're genuinely a UK company, then it's the Consumer Rights Act.  If they're based overseas, it's whatever laws apply in that country.

sheramber

from the T & C  

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

BobT36

Hmm, isn't there no protection law here though for any company "operating" or "trading with / in" the UK, though? 
Can't find anything registered at that address, unfortunately. Tis likely a complete lie and they're really just operating from China, while pretending it's in the UK (sold in GBP, UK shipping listed as above, SEPARATE from "international shipping", UK address..)

Might fall to a chargeback, then. Still though a retail boxed product should not be "tampered with" in any way unless it's EXPLICITLY stated. Omitting information is classed as "misleading" and an unfair trading practice, here at least. 

BobT36

sheramber said:

from the T & C  

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

HAHA, good spot!
I suspect here they're just set up a generic Shopify page, leaving everything as default or copied policies. Likely to their detriment in this case, then!

Manxman_in_exile

I would steer clear of any seller who has "Terms of Service" instead of "Terms and conditions"

Suggests non-British to me straightaway

born_again

Exceptions / non-returnable items
Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.

Generic Shopify pages...

Strange they say "All Taxes Included"

Certainly no shop at that address.