Company based in Spain won't respond to my request for refund – what should I do?

MiltSpilkman

I recently bought a pair of sunglasses from Hawkers sunglasses, a company based in Spain. These arrived defective, and I was hoping to return them and receive a refund. The company has a convoluted process for making a return, which includes sending them photographic evidence, for them to make a decision as to whether they think a return is valid – either way, I should receive correspondence from them.

Unfortunately I haven't received any correspondence, despite having chased the company multiple times via email over the last three months, and providing them with photographic evidence. 

What should I do?
What are my consumer rights on the matter, given the company is outside the UK?
Surely they're in breach even of EU law, if not also UK law by operating in this jurisdiction?

Thanks!

Grumpy_chap

MiltSpilkman said:

I recently bought a pair of sunglasses from Hawkers sunglasses, a company based in Spain. These arrived defective, and I was hoping to return them and receive a refund. The company has a convoluted process for making a return, which includes sending them photographic evidence, for them to make a decision as to whether they think a return is valid – either way, I should receive correspondence from them.

Unfortunately I haven't received any correspondence, despite having chased the company multiple times via email over the last three months, and providing them with photographic evidence. 

What should I do?
What are my consumer rights on the matter, given the company is outside the UK?
Surely they're in breach even of EU law, if not also UK law by operating in this jurisdiction?

Thanks!

Did you buy from this website, or via another channel?
https://www.hawkersco.com/gb/

If you purchased from that website, the T's&C's state that Spanish Law applies (term 23).
There is a 14-day right to return for any or no reason (term 8) but that appears to have passed now.  When did you first make contact to return the sunglasses?
https://www.hawkersco.com/gb/terms.html

Alderbank

MiltSpilkman said:

I recently bought a pair of sunglasses from Hawkers sunglasses, a company based in Spain. These arrived defective, and I was hoping to return them and receive a refund. The company has a convoluted process for making a return, which includes sending them photographic evidence, for them to make a decision as to whether they think a return is valid – either way, I should receive correspondence from them.

Unfortunately I haven't received any correspondence, despite having chased the company multiple times via email over the last three months, and providing them with photographic evidence. 

What should I do?
What are my consumer rights on the matter, given the company is outside the UK?
Surely they're in breach even of EU law, if not also UK law by operating in this jurisdiction?

Thanks!

Welcome to the forum.

Which is the jurisdiction in which you believe they are operating illegally?

Both EU and UK consumer law allows them to investigate a claim that a product is faulty and no time is set for this but it would be courtesy for them to keep you informed.

Their T&Cs say ' in case of dispute we will submit to the Courts and Tribunals of the domicile of the consumer and User' so small claims court action in the UK could possibly be a last resort for you.

When did you buy the sunglasses, what did they cost and how much did you pay?
In what way are they defective?

MiltSpilkman

Grumpy_chap said:

MiltSpilkman said:

I recently bought a pair of sunglasses from Hawkers sunglasses, a company based in Spain. These arrived defective, and I was hoping to return them and receive a refund. The company has a convoluted process for making a return, which includes sending them photographic evidence, for them to make a decision as to whether they think a return is valid – either way, I should receive correspondence from them.

Unfortunately I haven't received any correspondence, despite having chased the company multiple times via email over the last three months, and providing them with photographic evidence. 

What should I do?
What are my consumer rights on the matter, given the company is outside the UK?
Surely they're in breach even of EU law, if not also UK law by operating in this jurisdiction?

Thanks!

Did you buy from this website, or via another channel?


If you purchased from that website, the T's&C's state that Spanish Law applies (term 23).
There is a 14-day right to return for any or no reason (term 8) but that appears to have passed now.  When did you first make contact to return the sunglasses?

Yes, purchased them from this website.

Due to being a new member, I'm not allowed to post links, otherwise I'd have linked directly to the T&Cs as you have. In this respect, there is another area (within the Returns page linked in the website footer) that outlines I have up to two years to return items that are defective? I made contact within 28 days of the day of delivery.

Thanks.

MiltSpilkman

Alderbank said:

MiltSpilkman said:

I recently bought a pair of sunglasses from Hawkers sunglasses, a company based in Spain. These arrived defective, and I was hoping to return them and receive a refund. The company has a convoluted process for making a return, which includes sending them photographic evidence, for them to make a decision as to whether they think a return is valid – either way, I should receive correspondence from them.

Unfortunately I haven't received any correspondence, despite having chased the company multiple times via email over the last three months, and providing them with photographic evidence. 

What should I do?
What are my consumer rights on the matter, given the company is outside the UK?
Surely they're in breach even of EU law, if not also UK law by operating in this jurisdiction?

Thanks!

Welcome to the forum.

Which is the jurisdiction in which you believe they are operating illegally?

Both EU and UK consumer law allows them to investigate a claim that a product is faulty and no time is set for this but it would be courtesy for them to keep you informed.

Their T&Cs say ' in case of dispute we will submit to the Courts and Tribunals of the domicile of the consumer and User' so small claims court action in the UK could possibly be a last resort for you.

When did you buy the sunglasses, what did they cost and how much did you pay?
In what way are they defective?

Thank you!

I don't think they're operating illegally in either jurisdiction, just that they're non-compliant with either EU (in which they are headquartered and selling from) or UK (in which they are selling to) consumer law in relation to returns/refund guidance. 

I agree, I would have expected some recognition of my correspondence requesting a return/refund, it's only good customer service. They've failed to do so each time I've contacted them. 

I suspect small claims court might be the last resort. Really hoping not to have to do so, as they were only £40 +shipping – more hassle than it's worth, although better in my pocket than theirs. I purchased them in July, and attempted the return within 28 days of receiving them. The legs are uneven, with one appearing to be substantially bent (as if it were overheated and warped, or the mould was defective). As a result, they sit at a noticeably crooked angle on my face and don't offer adequate UV protection.

born_again

MiltSpilkman said:

Alderbank said:

MiltSpilkman said:

I recently bought a pair of sunglasses from Hawkers sunglasses, a company based in Spain. These arrived defective, and I was hoping to return them and receive a refund. The company has a convoluted process for making a return, which includes sending them photographic evidence, for them to make a decision as to whether they think a return is valid – either way, I should receive correspondence from them.

Unfortunately I haven't received any correspondence, despite having chased the company multiple times via email over the last three months, and providing them with photographic evidence. 

What should I do?
What are my consumer rights on the matter, given the company is outside the UK?
Surely they're in breach even of EU law, if not also UK law by operating in this jurisdiction?

Thanks!

Welcome to the forum.

Which is the jurisdiction in which you believe they are operating illegally?

Both EU and UK consumer law allows them to investigate a claim that a product is faulty and no time is set for this but it would be courtesy for them to keep you informed.

Their T&Cs say ' in case of dispute we will submit to the Courts and Tribunals of the domicile of the consumer and User' so small claims court action in the UK could possibly be a last resort for you.

When did you buy the sunglasses, what did they cost and how much did you pay?
In what way are they defective?

Thank you!

I don't think they're operating illegally in either jurisdiction, just that they're non-compliant with either EU (in which they are headquartered and selling from) or UK (in which they are selling to) consumer law in relation to returns/refund guidance. 

I agree, I would have expected some recognition of my correspondence requesting a return/refund, it's only good customer service. They've failed to do so each time I've contacted them. 

I suspect small claims court might be the last resort. Really hoping not to have to do so, as they were only £40 +shipping – more hassle than it's worth, although better in my pocket than theirs. I purchased them in July, and attempted the return within 28 days of receiving them. The legs are uneven, with one appearing to be substantially bent (as if it were overheated and warped, or the mould was defective). As a result, they sit at a noticeably crooked angle on my face and don't offer adequate UV protection.

In true MSE style you could try warming the arm up and reshaping to match.

UV protection is only via the lenses.