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

GDB2222

Okell said:

Datamunky said:

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

Did you pay directly by credit card and did it cost over £100?

If yes to both you can make a s75* claim against your card provider under the Consumer Rights Act 2015 on the basis that the item is "not as described".

If you used a credit card but paid via PayPal or Klarna etc you may not have a claim.

If you paid by debit card you might be able to ask your bank for a chargeback, but they might want you to return the item first.

So how did you pay?


*s75 Consumer Credit Act 1974

The OP said it cost £60, so the chargeback route seems best. As the goods are not what was ordered, I would argue with the bank that it's the seller's obligation to pick them up, or at least arrange for delivery. 

In any case, apart from chargeback, there's no sensible route for the OP to follow.

eskbanker

GDB2222 said:

Okell said:

Datamunky said:

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

Did you pay directly by credit card and did it cost over £100?

If yes to both you can make a s75* claim against your card provider under the Consumer Rights Act 2015 on the basis that the item is "not as described".

If you used a credit card but paid via PayPal or Klarna etc you may not have a claim.

If you paid by debit card you might be able to ask your bank for a chargeback, but they might want you to return the item first.

So how did you pay?


*s75 Consumer Credit Act 1974

The OP said it cost £60, so the chargeback route seems best. As the goods are not what was ordered, I would argue with the bank that it's the seller's obligation to pick them up, or at least arrange for delivery. 

In any case, apart from chargeback, there's no sensible route for the OP to follow.

Any such obligation would only arise from the consumer legislation where the company is based, i.e. it isn't viable to assert or assume that provisions within UK consumer law apply.

born_again

GDB2222 said:

Okell said:

Datamunky said:

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

Did you pay directly by credit card and did it cost over £100?

If yes to both you can make a s75* claim against your card provider under the Consumer Rights Act 2015 on the basis that the item is "not as described".

If you used a credit card but paid via PayPal or Klarna etc you may not have a claim.

If you paid by debit card you might be able to ask your bank for a chargeback, but they might want you to return the item first.

So how did you pay?


*s75 Consumer Credit Act 1974

The OP said it cost £60, so the chargeback route seems best. As the goods are not what was ordered, I would argue with the bank that it's the seller's obligation to pick them up, or at least arrange for delivery. 

In any case, apart from chargeback, there's no sensible route for the OP to follow.

No it is the customers responsibility to return under chargeback regulations at their own cost. Only time it is not required is it it counterfeit goods.
Which these do not appear to be. As it seems they are made in China.
Best guess is this site is either reseller, or they are yet another Chinese co selling under the guise of UK co. 

TBH, it should be clear exactly where the goods were delivered from by the address label to OP address.

Datamunky

Bit of an update:

Seller has confirmed it is a UK company, albeit a sole trader not Ltd. 

Is the consensus that I should be able to return this to a UK address? Given that returning to China is not reasonable? 

cw8825

Datamunky said:

Bit of an update:

Seller has confirmed it is a UK company, albeit a sole trader not Ltd. 

Is the consensus that I should be able to return this to a UK address? Given that returning to China is not reasonable? 

Quick search on trust pilot. The most recent reviews mention China.

The company is almost definitely Chinese. They seller is using the brand of the previous site to sell their goods.

Check the label that was delivered to you. 

born_again

Datamunky said:

Bit of an update:

Seller has confirmed it is a UK company, albeit a sole trader not Ltd. 

Is the consensus that I should be able to return this to a UK address? Given that returning to China is not reasonable? 

If they are a drop shipper, then the order might/will be in your name from the supplier, not from this company.

As above what does the paperwork you received with package say?

user1977

Datamunky said:

Seller has confirmed it is a UK company, albeit a sole trader not Ltd. 

A sole trader is a person, not a company. Do you have their name and address?

Okell

born_again said:

GDB2222 said:

Okell said:

Datamunky said:

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

Did you pay directly by credit card and did it cost over £100?

If yes to both you can make a s75* claim against your card provider under the Consumer Rights Act 2015 on the basis that the item is "not as described".

If you used a credit card but paid via PayPal or Klarna etc you may not have a claim.

If you paid by debit card you might be able to ask your bank for a chargeback, but they might want you to return the item first.

So how did you pay?


*s75 Consumer Credit Act 1974

The OP said it cost £60, so the chargeback route seems best. As the goods are not what was ordered, I would argue with the bank that it's the seller's obligation to pick them up, or at least arrange for delivery. 

In any case, apart from chargeback, there's no sensible route for the OP to follow.

No it is the customers responsibility to return under chargeback regulations at their own cost...

For the purposes of chargeback, can't the OP fulfil his obligation to return the goods just by returning them to the office address he says he has?

Para 35(3) of the CCRs says:

The address to which goods must be sent under paragraph (2)(a) is—

(a) any address specified by the trader for sending the goods back;

(b) if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c) if no address is specified for either of those purposes, any place of business of the trader  [My bold for emphasis]

Because para 35 is covered by para (l) of Schedule 2, then under para 13 of the regulations the return address is information that the consumer must be given before entering into a distance contract.

If the trader does not give a specified return address before the contract is entered into, surely the consumer is legally entitled under the regulations to return the goods to any contact address or any place of business of the trader under (b) and (c) above?

I appreciate you'll probably say that "chargeback isn't a legal right etc", but it would seem perverse to me that a return to an address that would (or might?) count as a return under the regulations would not count as a return under chargeback... 

[I think @ThumbRemote was putting forward a similar argument based on the trader not providing a return address before the contract was entered into(?)]

GDB2222

eskbanker said:

GDB2222 said:

Okell said:

Datamunky said:

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

Did you pay directly by credit card and did it cost over £100?

If yes to both you can make a s75* claim against your card provider under the Consumer Rights Act 2015 on the basis that the item is "not as described".

If you used a credit card but paid via PayPal or Klarna etc you may not have a claim.

If you paid by debit card you might be able to ask your bank for a chargeback, but they might want you to return the item first.

So how did you pay?


*s75 Consumer Credit Act 1974

The OP said it cost £60, so the chargeback route seems best. As the goods are not what was ordered, I would argue with the bank that it's the seller's obligation to pick them up, or at least arrange for delivery. 

In any case, apart from chargeback, there's no sensible route for the OP to follow.

Any such obligation would only arise from the consumer legislation where the company is based, i.e. it isn't viable to assert or assume that provisions within UK consumer law apply.

I don’t think that spending £20+ on returning the goods to China makes sense. There’s nobody here in the UK to sue, and even if there were could the OP be sure of collecting on the judgment? Can you see a better option than trying to get the bank to return the money? 

born_again

Okell said:

born_again said:

GDB2222 said:

Okell said:

Datamunky said:

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

Did you pay directly by credit card and did it cost over £100?

If yes to both you can make a s75* claim against your card provider under the Consumer Rights Act 2015 on the basis that the item is "not as described".

If you used a credit card but paid via PayPal or Klarna etc you may not have a claim.

If you paid by debit card you might be able to ask your bank for a chargeback, but they might want you to return the item first.

So how did you pay?


*s75 Consumer Credit Act 1974

The OP said it cost £60, so the chargeback route seems best. As the goods are not what was ordered, I would argue with the bank that it's the seller's obligation to pick them up, or at least arrange for delivery. 

In any case, apart from chargeback, there's no sensible route for the OP to follow.

No it is the customers responsibility to return under chargeback regulations at their own cost...

For the purposes of chargeback, can't the OP fulfil his obligation to return the goods just by returning them to the office address he says he has?

Para 35(3) of the CCRs says:

The address to which goods must be sent under paragraph (2)(a) is—

(a) any address specified by the trader for sending the goods back;

(b) if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c) if no address is specified for either of those purposes, any place of business of the trader  [My bold for emphasis]

Because para 35 is covered by para (l) of Schedule 2, then under para 13 of the regulations the return address is information that the consumer must be given before entering into a distance contract.

If the trader does not give a specified return address before the contract is entered into, surely the consumer is legally entitled under the regulations to return the goods to any contact address or any place of business of the trader under (b) and (c) above?

I appreciate you'll probably say that "chargeback isn't a legal right etc", but it would seem perverse to me that a return to an address that would (or might?) count as a return under the regulations would not count as a return under chargeback... 

[I think @ThumbRemote was putting forward a similar argument based on the trader not providing a return address before the contract was entered into(?)]

Nope. As chargeback does not cover consumer rights side here.

All they say is that goods have to be returned as per retailer instructions. Only way to avoid that is if retailer is totally unresponsive in providing a address. 
Which it appears is not the case here.

Or the goods  are counterfeit. Which is not the case here.