Returning item but told it needs to be sent back to manufacturer in China

born_again

Datamunky said:

born_again said:

Which website?

You wont be able to post a link, just add some spaces.

Did it say something - London or such?

100% a UK company. I don’t want to name and shame until I know whether what they’re saying is legitimate or not. 

All I can say if they are a UK company. Then the goods do not need to go back to China.

If it's not a original item. then it's counterfeit. Hence against the law. No need to allow them the protection of not naming them.

So I'll say not legitimate. 

screech_78

It’s almost a certainty that it’s not a UK based company. 

Datamunky

photome said:

Datamunky said:

born_again said:

Which website?

You wont be able to post a link, just add some spaces.

Did it say something - London or such?

100% a UK company. I don’t want to name and shame until I know whether what they’re saying is legitimate or not. 

Naming them isn’t a problem, you are not shaming them..yet . It sounds like it is not a UK company 

I think you might well be right. I’ve asked them outright on chat and they have since gone silent after being very responsive. They have a registered office in Basildon but googling the address and it looks like just serviced office space with a ton of companies registered there. 

Okay, company is RetroSoft and they sell a retro handheld game emulator called a R36S. The problem I have is that what’s been received isn’t a R36S, it’s an older console (K36) essentially repackaged as the new one with completely different specs - RAM, OS, etc. 

They’re claiming it’s the R36S despite me sending photos proving it’s not, but have said I can return it and then hit me with it needs to go to China.

ThumbRemote

Mark_d said:

What did their returns policy say when you bought the item?

sheramber said:

Who is the company?  Having .co.uk does not mean itis a UK company.

That 'office' will have no facility to receive or process returns.

born_again said:

Which website?

You wont be able to post a link, just add some spaces.

Did it say something - London or such?

Jenni_D said:

Unless we can see their T&Cs then we have no chance of answering your question with any certainty. And we can't see their T&Cs unless we know who they are. 🤷‍♀️

Pollycat said:

So what is the name of the company?

Oh good grief, what does it matter? The OP has posted a straightforward question: "can a UK company insist on return abroad?" 

T&Cs can't override UK legislation. 
By all means caution the OP that they may not have bought from a UK company, but it's hardly a necessary piece of information. 

Pollycat

ThumbRemote said:

Mark_d said:

What did their returns policy say when you bought the item?

sheramber said:

Who is the company?  Having .co.uk does not mean itis a UK company.

That 'office' will have no facility to receive or process returns.

born_again said:

Which website?

You wont be able to post a link, just add some spaces.

Did it say something - London or such?

Jenni_D said:

Unless we can see their T&Cs then we have no chance of answering your question with any certainty. And we can't see their T&Cs unless we know who they are. 🤷‍♀️

Pollycat said:

So what is the name of the company?

Oh good grief, what does it matter? The OP has posted a straightforward question: "can a UK company insist on return abroad?" 

T&Cs can't override UK legislation. 
By all means caution the OP that they may not have bought from a UK company, but it's hardly a necessary piece of information. 

Really?
Of course it's a necessary piece of information. 
The OP insisted they bought from a UK company.
It isn't.
Any advice given on the OPs information would be incorrect.

ThumbRemote

Datamunky said:

I’m trying to return an item I bought from a UK-based company under distance selling rules. The company has accepted this but has told me the item needs to be sent back to the manufacturer in China using tracked delivery. The item was £60 and to return it will cost £22. 

Does anyone know if they’re allowed to do this? Seems crazy to me when I could return it to their office which happens to be about 30 miles away.

The CCRs, as far as I can see, don't explicitly state that a return has to be in the UK. However they do mention "the geographical address at which the trader is established" and the clause "if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods". I think it's very much taken as implicit that the return address should be a straightforward UK address, and I'd expect that "normally be returned by post" indicates a standard UK postal address. Otherwise there'd be nothing to stop a company adding all sorts of ridiculous return clauses. 

On top of that, the Consumer Protection from Unfair Trading Regulations states that "A commercial practice is a misleading omission if ... the commercial practice omits material information ... and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise."

I think that not informing the customer of their returns policy in advance of the purchase is a breach of this act, and an offence in its own right. 

So assuming you purchased from and paid a UK company, I'd contact them in the UK and state that you wish to return it to a UK address, could they provide details. It's up to you whether you then proceed to legal action - it may depend on the value of your own time and whether you want to make a point of principle. 

You could try talking to your card provider, but I'm not sure they cover this scenario. 

You do have further grounds if the goods are fake - not what was advertised. In this case you could claim under the Consumer Rights act, which enables you to reject the goods. The CRA states "the trader must bear any reasonable costs of returning them". Of course, this requires the retailer to accept they are fake and that you're entitled to a refund. 

Pollycat

FTR, the now-named company have copy-pasted information from other companies on their website.
They refer to items being unworn, flowers etc. 
All wording that we've seen on scam websites and Asian based companies.

Datamunky

Pollycat said:

FTR, the now-named company have copy-pasted information from other companies on their website.
They refer to items being unworn, flowers etc. 
All wording that we've seen on scam websites and Asian based companies.

I wouldn’t necessarily call them a scam company, they are a well-respected company in the community with hundreds if not thousands of satisfied customers. The trouble I have is with what’s been sent, which is a clone, and their ridiculous return policy to China. 

Jenni_D

This company?

https://retrosoft.tech/

Datamunky

Is there any recourse if they’re not a UK company because the item is counterfeit/clone/not genuine?