Etsy dispute

_mountainplodder

My partner bough several items from a company in mainland Europe through Etsy of which one turned out to have a fault (zip not unzipping). She contacted the seller to raise this matter and also via Etsy and requested an exchange for the faulty product. The seller wanted my partner to go to a tailors and get the item repaired, something that is unacceptable as if the item was further damaged the warranty would be null and void. The seller didn't want to exchange due to the affect it would have on the carbon footprint on the business being based in Lithuania. Etsy decided to close the case and refund against the request.

My Partner managed to contact the seller again to arrange to re-purchase the item at the same price and postage, which was free along with no excise costs being added. Yesterday she received a bill from Fedex for excise fees which appear to be based on the original purchase, not the single re-purchase, when she was assured by the seller that no further costs would be incurred.

Etsy said they could credit that amount to her account which is unacceptable as she would still be out of pocket. She hasn't paid the Fedex bill yet as the item hasn't arrived and she is disputing this with the seller and Etsy.

to my mind this is a breach of the sale of goods act. Advice on where she stands and what to do would be greatly appreciated.

Aylesbury_Duck

I suspect it's not a breach of consumer laws in the UK because she bought from a Lithuanian retailer (if that's how Etsy works?).  Even then, the dispute is a customs one, not a consumer rights matter.  Your partner is the importer of the goods and therefore is responsible for any duties payable, not the retailer.

pinkshoes

Did the cost of the several items (less the cost of the faulty one) come to more than £39? If so (and it was made clear you were buying from Lithuania) then import duty needs to be paid.

If the additional pair on their own is less than £39 then no duty.

(You'll need to double check this...)

Uk buyers are responsible for paying any duty owed.

sheramber

If you are buying from abroad the limit is £135. 

Below that amount the seller pays the VAT. 

Above that amount the importer pays any VAT and import duty. 

£39 is the value for gifts.