Faulty item - refund rights.

I purchased a microchip cat feeder from Zooplus on 6th Jan. It cost £114.

I received the package on the 8th.

I contacted Zooplus on the 6th Feb to inform them the item isnt working properly (constantly low battery flashing despite changing them three times so far) and the feeder doesnt close after my cat has walked away, which defeats the purpose of buying it.

Zooplus told me to contact the manufacturer, which i did as i figured there may be a simple fix. But now both companies are wanting me to jump through hoops, send photos and videos etc. 

I was under the impression that i was not required to do this.

Initially i was going to request a replacement, but now i want a refund and to purchase the feeder in a store as if i encounter a problem again its easier to deal with and doesnt cost stupid P&P.

Am i right in saying i am entitled to a refund? Im sure i read something about 30 days from purchase, and not having to a prove a fault if ive had the item under 6 months.

Many thanks.

Comments

  • ArbitraryRandom
    ArbitraryRandom Posts: 2,337
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    edited 8 February at 9:32AM
    Zooplus are a German company - so your consumer rights are as a minimum the EU rights and maximum the rights applicable in Germany (not UK ones). 

    I believe your right to reject within 14 days is the same, but I'm not 100% sure about the rest of your rights... fairly sure you have at least 2 years protection from faults. 

    IME with Zooplus though, if you do send pictures they'll refund without you having to return anything so it's worth it to save the bother. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Neddlings
    Neddlings Posts: 10
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    Zooplus are a German company - so your consumer rights are as a minimum the EU rights and maximum the rights applicable in Germany (not UK ones). 

    I believe your right to reject within 14 days is the same, but I'm not 100% sure about the rest of your rights... fairly sure you have at least 2 years protection from faults. 

    IME with Zooplus though, if you do send pictures they'll refund without you having to return anything so it's worth it to save the bother. 
    I thought they had a UK store? Website is co.uk and items are shipped from the UK.

    Ill try with the pictures, although they cant show the problem.

    Thanks.
  • RefluentBeans
    RefluentBeans Posts: 854
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    They have a UK returns centre - but they appear to still be based in Germany. Unfortunately anyone can register a .co.uk domain (website address) - there is no requirement to be in the UK. 
  • Okell
    Okell Posts: 611
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    edited 8 February at 11:26AM
    [Edit:  Apologies in advance for not directly addressing the OP's actual question...]



    Quite interesting looking at their T&Cs

    1.  They cover the right to cancel/withdraw from a distance contract very well.  Seems to reflect the regulations in their entireity.  (Why can't all companies do that?)

    2.  They seem to suggest that German law covers the contrcat, but I'm not 100% certain what this phrase means(?):

    "15  Final Provision

    Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. German law applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of the aforementioned applicable law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence at the time of his order is not withdrawn."  [My bold]

    Does that mean the provisions of the CRA still apply?

    General Terms and Conditions | zooplus.co.uk
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,337
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    edited 8 February at 12:01PM
    Okell said:
    [Edit:  Apologies in advance for not directly addressing the OP's actual question...]



    Quite interesting looking at their T&Cs

    1.  They cover the right to cancel/withdraw from a distance contract very well.  Seems to reflect the regulations in their entireity.  (Why can't all companies do that?)

    2.  They seem to suggest that German law covers the contrcat, but I'm not 100% certain what this phrase means(?):

    "15  Final Provision

    Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby. German law applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of the aforementioned applicable law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence at the time of his order is not withdrawn."  [My bold]

    Does that mean the provisions of the CRA still apply?

    General Terms and Conditions | zooplus.co.uk
    Hmm... I would read that to say German law applies only if it doesn't conflict with the consumer protection laws in the buyer's country of residence at the time of placing the order - If the buyer's country has laws that offer greater protection than German law, those laws would still apply.

    Challenge there might be that I think our laws are broadly the same/different in application rather than better/worse... but as I said, I'm not an expert/particularly familiar with consumer rights in Germany. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
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