Question re credit card chargeback re non delivery of goods

the_lunatic_is_in_my_head

born_again said:

As it's not a UK company.
UK consumer rights do not apply anyway.

I know under Visa 15 days & Mastercard 30 days. Technically you have a non receipt chargeback (unless timescale given previously) Although retailer can contest & will most likely win saying they are awaiting stock or other reason.

Even if dealing with a company outside of the UK wouldn’t S75 cover the loss from any breach of contract?

With an EU company their right to cancel should match ours (subject to changes since we left) so if the delivery takes place but the company refuses a right to cancel S75 should cover this? 

Indeed even if the company were in China and the terms offer x y or z but the company doesn’t honour the terms isn’t S75 still applicable as it relates to a loss from a breach? 

Okell

the_lunatic_is_in_my_head said:

born_again said:

As it's not a UK company.
UK consumer rights do not apply anyway.

I know under Visa 15 days & Mastercard 30 days. Technically you have a non receipt chargeback (unless timescale given previously) Although retailer can contest & will most likely win saying they are awaiting stock or other reason.

Even if dealing with a company outside of the UK wouldn’t S75 cover the loss from any breach of contract?

With an EU company their right to cancel should match ours (subject to changes since we left) so if the delivery takes place but the company refuses a right to cancel S75 should cover this? 

Indeed even if the company were in China and the terms offer x y or z but the company doesn’t honour the terms isn’t S75 still applicable as it relates to a loss from a breach? 

Yes.  My understanding is that s75 covers purchases from outside the UK*.

However, I believe that what determines whether or not there has been a breach of contract for this purpose is based on the domestic law of the seller's host country.

So if the relevant contract law in eg Ireland is similar or identical to that in the UK, then s75 would offer a legal remedy.

But s75 would only offer protection to somebody buying from eg China if Chinese contract law recognised a breach.

But I'd be happy to be corrected if I'm wrong.


*@born_again in a thread several years ago made this very point and quoted UK case law in support of it.  I thought it must cover breaches of UK contract law even in the case of purchases from abroad, but I believe born_again has since clarified that it relates to breaches of contract law in the jurisdiction where the purchase is made.