Refusing to refund VAT. Is this allowed?

the_lunatic_is_in_my_head

Ultimately

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10)

So if the trader was paid the VAT they need to refund it, if the VAT was paid to the courier upon import (before/on/after delivery) then obviously it's a separate matter from the trader's obligations.

Hoenir

Mintsource said:

Nevertheless, if you need it after you complete the purchase, we can provide you with an invoice with our VAT information so you can reclaim it with the local tax authorities. We appreciate your understanding."

Suggest you obtain an invoice. Will help explain how they are operating in the UK. 

DullGreyGuy

the_lunatic_is_in_my_head said:

Ultimately

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10)

So if the trader was paid the VAT they need to refund it, if the VAT was paid to the courier upon import (before/on/after delivery) then obviously it's a separate matter from the trader's obligations.

Thats UK legislation, the T&Cs of the vendors website states California Law applies... UK government doesn't set Californian law so you won't find it on legislation.gov.uk

the_lunatic_is_in_my_head

DullGreyGuy said:

the_lunatic_is_in_my_head said:

Ultimately

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10)

So if the trader was paid the VAT they need to refund it, if the VAT was paid to the courier upon import (before/on/after delivery) then obviously it's a separate matter from the trader's obligations.

Thats UK legislation, the T&Cs of the vendors website states California Law applies... UK government doesn't set Californian law so you won't find it on legislation.gov.uk

And as I said above it also says:

However, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. You or we may bring a legal action relating to these Terms or our relationship in either the state or federal courts located in Los Angeles, California or in the courts located in your country of residence.

So they are affording your UK consumer rights under the contract. 

Okell

DullGreyGuy said:

the_lunatic_is_in_my_head said:

Ultimately

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10)

So if the trader was paid the VAT they need to refund it, if the VAT was paid to the courier upon import (before/on/after delivery) then obviously it's a separate matter from the trader's obligations.

Thats UK legislation, the T&Cs of the vendors website states California Law applies... UK government doesn't set Californian law so you won't find it on legislation.gov.uk

Have you missed where it says that in Europe local law applies and is subject to local courts?

powerful_Rogue

the_lunatic_is_in_my_head said:

DullGreyGuy said:

the_lunatic_is_in_my_head said:

Ultimately

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10)

So if the trader was paid the VAT they need to refund it, if the VAT was paid to the courier upon import (before/on/after delivery) then obviously it's a separate matter from the trader's obligations.

Thats UK legislation, the T&Cs of the vendors website states California Law applies... UK government doesn't set Californian law so you won't find it on legislation.gov.uk

And as I said above it also says:

However, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. You or we may bring a legal action relating to these Terms or our relationship in either the state or federal courts located in Los Angeles, California or in the courts located in your country of residence.

So they are affording your UK consumer rights under the contract. 

How would this be enforced through an English court if it went that far? Say the OP wins by default because no-one from the company flies across to defend it?

the_lunatic_is_in_my_head

powerful_Rogue said:

How would this be enforced through an English court if it went that far? Say the OP wins by default because no-one from the company flies across to defend it?

I don't know how their company is structured or whether they have any assets here in the UK so can't answer that. 

As usual it's a case of using the best words possible in the aim of achieving a result, that part is free, I haven't said OP should go to small claims, because as you say there a question over whether they could enforce any judgement  

Okell

powerful_Rogue said:

the_lunatic_is_in_my_head said:

DullGreyGuy said:

the_lunatic_is_in_my_head said:

Ultimately

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10)

So if the trader was paid the VAT they need to refund it, if the VAT was paid to the courier upon import (before/on/after delivery) then obviously it's a separate matter from the trader's obligations.

Thats UK legislation, the T&Cs of the vendors website states California Law applies... UK government doesn't set Californian law so you won't find it on legislation.gov.uk

And as I said above it also says:

However, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. You or we may bring a legal action relating to these Terms or our relationship in either the state or federal courts located in Los Angeles, California or in the courts located in your country of residence.

So they are affording your UK consumer rights under the contract. 

How would this be enforced through an English court if it went that far? Say the OP wins by default because no-one from the company flies across to defend it?

I think the comments were directed at DullGreyGuy who was mainteining that the contract was covered by Californian law and Californian courts.  It isn't.

Zwift's T&Cs look reasonable to me and UK law compliant in respect of cancellation etc.  I think it's reasonable for a consumer to conclude that a company like Zwift have written their T&Cs in good faith and intend to be bound by them.

outtatune

Paid by credit card?

GingerTim

Mintsource said:

They have come back with

"Sorry for the delayed response. I appreciate your patience during this time. We have not forgotten about you and are committed to providing you with the best support possible.

I regret to inform you that the VAT charged for the purchases on Zwiftshop.com is non-refundable.

Nevertheless, if you need it after you complete the purchase, we can provide you with an invoice with our VAT information so you can reclaim it with the local tax authorities. We appreciate your understanding."

I would ask for an explanation of why it's non-refundable, which might help you proceed.