Import Duties

born_again

Arunmor said:

born_again said:

Explore our online marketplace for unbeatable value and exceptional goods. With a relentless commitment to customer satisfaction, we strive to stand out as one of the best online retailers in the UK.

Customs/Tax Charges

International purchases may be liable to import customs charges/taxes upon delivery to the receiving country. This charge is the sole responsibility of the purchaser and MonsterShop will not be held liable for any customs/tax charges. If MonsterShop delivers a product internationally and the purchaser refuses to pay customs charges/taxes, the purchaser will receive a refund minus any associated charges incurred from recovering the item/s (including shipping and tax/customs charges). The refund will only be issued once the item/s is/are received at our company premises.

But this is not an International Purchase so this section is irrelevant.

UK registered company, UK address, UK phone number, it's not a fly by night Chinese company.  I can only assume VAT etc should have been pre-paid before shipping. You missed the part where I linked to "MarketPlace" Explore our online marketplace for unbeatable value and exceptional goods.
So it could be the seller of the item, is not the site it was advertised on.

Hence asking for a link to the item.👍

Aylesbury_Duck

pinkshoes said:

Aylesbury_Duck said:

I don't think your assertion here is fully correct.  Delivery is free (and as stated by the previous poster, delivery isn't the same as customs charges) but 

unless the item description specifically said it would be dispatched from the UK, it's wrong to assume that because the retailer is based in the UK, all products would be dispatched from the UK.

I'm going to disagree with this.

If you're buying from a UK company,  then I think it's a fair assumption that the product is dispatched from the UK unless it states otherwise. 

Otherwise any company could advertise/sell things cheaply based on the price they pay abroad rather than having to pay the import fee themselves then sell at a higher price which would put customers off. 

It's why when you purchase from a company abroad you DO have to factor in import costs. 

Nothing on that website makes it clear that it's coming from abroad so I believe their T&Cs would be deemed unfair.

I agree that it appears that OP has been hard done by here, but without seeing the item description, it's impossible to know if the retailer has acted improperly.   It's possible that the item description itself states that it will be imported.  Unlikely, but possible.

My mistake was in my wording, where I said that the item description should have stated it would be dispatched from the UK, when I should have said that it's fair to assume it would be unless it stated otherwise.  

Tiptopdude6

https:// monstershop.co.uk/products/hexagon-led-lighting
Apologies, I should've included the full link to the product previously. (MSE forum also won't let me add links properly, hence the spaces)

Aylesbury_Duck

Tiptopdude6 said:

https:// monstershop.co.uk/products/hexagon-led-lighting
Apologies, I should've included the full link to the product previously. (MSE forum also won't let me add links properly, hence the spaces)

Seems clear.  The item's own description includes:

"Includes VAT and Free UK Shipping Shipping [sic]"

I suppose that technically that means that shipping to the UK is free, which leaves the possibility that it could be coming from overseas, but there's nothing to make clear it's going to be sent from abroad, and I think it reasonable to assume it's coming from the UK.

Hoenir

What did the retailer say when you contacted them? 

Not unusual for UK sites to dispatch from hubs on the continent. Fully tax paid. 

DullGreyGuy

Tiptopdude6 said:

https:// monstershop.co.uk/products/hexagon-led-lighting
Apologies, I should've included the full link to the product previously. (MSE forum also won't let me add links properly, hence the spaces)

I would be contacting the merchant as their site clearly states the price includes VAT and yet the majority of what the courier will be charging you is VAT. Sounds just like an error on their party when instructing the courier 

What have they said when you contacted the shop?

Tiptopdude6

I put in a complaint but hadn't heard anything back due to the Bank Holiday weekend. They've now raised an escalation and will get back to me in 48 hours...

Tiptopdude6

The company apologised profusely in their email and admitted to providing insufficient information and having poor communication. 
They avoided the part about refunding the cost, though.

pinkshoes

Tiptopdude6 said:

The company apologised profusely in their email and admitted to providing insufficient information and having poor communication. 
They avoided the part about refunding the cost, though.

I would reply and be more direct with them, that THEY are responsible for reimbursing you for the customs charge. If they still won't pay, then it might be worth a letter before action. 

Keep an eye on them changing their website to update their T&Cs and information!

A_Geordie

pinkshoes said:

Keep an eye on them changing their website to update their T&Cs and information!

The Wayback Machine will be the OP's friend for evidencing the terms. I've already saved their online terms as well as the link to the product and their shipping policy in case they do change. 

Looking at the online terms, Clause 3.2 makes a reference to their shipping and other charges if they charge them, and apparently they are someone on the website but I couldn't find them. That aside, the OP has plenty of consumer law to back up their case: 

Section 13(1)(a) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 says the trader has to give certain information listed in Schedule 2 of the regulations. Section 13(5) goes on to say that if the trader fails to comply with paragraphs (g), (h) or (m) of Schedule 2 then the consumer is not liable to pay those charges or costs.

Sch. 2 paragraph (g) says the trader must let the consumer know: 

where applicable, all additional delivery charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable

Supplemented by this, section 12 of the Consumer Rights Act says: 

Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract.

Follow the above through to section 19(5) of the CRA, the consumer has the right to recover the costs incurred up to the price paid. 

Now might also be a good time to mention that the Digital Markets, Competition and Consumers Act 2024 (Part 4 of the Act) is now in force which repeals and replaces the Consumer Protection from Unfair Trading Regulations around misleading actions and omissions - see sections 226 to 230. However, the right of redress for civil claims under section 232 is not in force yet until the government introduce new remedies under section 233. Therefore you have to rely on the civil remedies set out in CPUT for the time being. 

If I were in the OP shoes, I would probably pay the customs charges, get delivery of the goods and then sue the trader for the £57 charge if they don't pay up. Otherwise they run the risk of the goods being returned back to Netherlands and OP out of pocket altogether for what they paid.