UK buyer - Goods bought from EU seller not as advertised

eggdog

Good morning all, hope you can advise

I purchased electric/battery gloves from an EU based company  for delivery to my UK address -

( order value over £200)

I have bought same gloves twice before (over a 10 year period) from the same supplier/company.

The gloves arrived on 09.01.25, & are not the same product as advertised & pictured as on the website, nor as previously purchased.

They differ markedly in that the battery pocket received is in a completely different location, i.e. battery pocket outside the gloves & the gauntlet part of the gloves is longer, making the gloves difficult & uncomfortable for me to use.

The gloves received are not as pictured in web advert. 

I would not have ordered had the correct product advert photo been used. 

I emailed the seller/supplier immediately after receipt on to advise of the above.

I emailed photos from the advertisement webpage & of the gloves received to highlight the gloves were quite different. 

I stated in my email I wished to return the gloves for refund as ‘the gloves are not as advertised’, and requested a paid return label.

The company responded by email  - copy below - confirming the gloves are not as pictured advertised, but refusing my paid label request to return the gloves for refund.

“ Dear XXXXX,

I'm sorry if you don't like the gloves. 

Yes, in response to many customer requests, we have moved the battery pocket to the outside and all customers are coping better than before, as this has made it easier to insert the batteries. Everything else has remained the same. 

I'm sorry, we have not yet been able to replace the picture of the battery compartment, but we have not yet received a single complaint about this.

You are of course welcome to return the product, but unfortunately we cannot provide a return label.”

I replied the situation is not that ‘I do not like the gloves’, but that they are not as advertised.

Can anyone advise re my rights re the seller being required to pay the return postage and post insurance?

Many thanks in advance for any definitive advice.

 

Alderbank

They said they cannot provide a return label, not that they refuse to pay postage.

There is no obligation in law to provide a return label. If this EU purchase is covered by the UK's CRA (is it?) they are required to refund your purchase price plus the cost of returning the goods. It's reasonable, and usual, to add your postage cost to the refund they send you.

They can limit the postage cost to the cheapest method if there are alternatives available.

eggdog

Alderbank said:

They said they cannot provide a return label, not that they refuse to pay postage.

There is no obligation in law to provide a return label. They are required to refund your purchase price plus the cost of returning the goods. It's reasonable, and usual, to add your postage cost to the refund they send you.

They can limit the postage cost to the cheapest method if there are alternatives available.

Thanks for the advice. I will email the seller to confirm if the return postage will be refunded, and to what amount. Cheers.

eggdog

eggdog said:

Alderbank said:

They said they cannot provide a return label, not that they refuse to pay postage.

There is no obligation in law to provide a return label. They are required to refund your purchase price plus the cost of returning the goods. It's reasonable, and usual, to add your postage cost to the refund they send you.

They can limit the postage cost to the cheapest method if there are alternatives available.

Thanks for the advice. I will email the seller to confirm if the return postage will be refunded, and to what amount. Cheers.

I contacted the EU seller re refund of postage for the gloves as suggested.
EU seller rejected this.

I stated (again) the gloves were not as advertised as their website photo of the gloves is different from that received.
EU seller admitted by email the website photo of gloves had not been updated to show the ‘new’ type of glove.
I contested this by email again, providing the EU seller (again) with photos of gloves as advertised on web, and the gloves I received.
The battery location is quite different in the web photos under which I bought and due to a wrist problem, the ‘new’ battery pack location is in contact with my wrist problem site, & is causing discomfort.

I advised the seller I knew I could tolerate the advertised gloves battery location as pictured in the website photos as I already own same pair bought from this website two years ago.
The EU seller has replied again that the return postage will not be refunded under any circumstances, and that the website photos are purely symbolic. 
Is this situation covered under the consumer rights act 2015 as goods not as advertised?
Would a credit card section 75 or chargeback be applicable under these circumstances - despite it being an EU seller?
Payment was made by credit card.
Any advice gratefully received.

born_again

Chargeback would be possible with proof you have. (could still be rejected)

Speak to card provider as they would go chargeback route 1st & if rejected & S75 was possible, then they would look at it at that point.
So make sure you have T/C etc to hand.

eskbanker

Alderbank said:

If this EU purchase is covered by the UK's CRA (is it?) they are required to refund your purchase price plus the cost of returning the goods.

eggdog said:
Is this situation covered under the consumer rights act 2015 as goods not as advertised?

On the face of it, it's unclear to me why a purchase from an EU seller would be within the scope of the UK CRA, although similar consumer rights legislation may apply - what's the governing law according to the contract with the seller?

Okell

@eggdog -  who is the seller and what EU country are they in?  (We need to read their T&Cs)

As the purchase is probably governed by consumer law of the country they are based in, the UK Consumer rights Act 2015 won't apply.

However, that UK legislation is based on an EU directive which ought to apply (either directly or through the seller's country's own laws) to your purchase.  The question is whether the UK rules about return postage stem from the EU directive (which would apply to your gloves) or are in addition to it.

[Edit:  Yes - if you paid by credit card and the price was >£100 you can try your cadr provider for s75]