Trying to exercise cancellation rights but seller is in different jurisdiction

System

This discussion was created from comments split from: Quick questions on Consumer Rights.

PotentialEnergy

I went to buy some insoles online. When bombarded with more and more multibuys I decided to backarrow to withdraw as was apparently only at step 3 of 6.  Was horrified when emails arrived within 15mins. from BeWell EU confirming transactions

Emailed within 30 mins to cancel order. Received an auto email saying a customer service representative would contact me in 24hrs.     Have actually heard nothing in over 2 weeks.

Contacted PayPal the next day requesting stopping of payment using their official process. 
They said they'd contact vendor.

My request was rejected in 48hrs <saying they'd reviewed response from vendor - which I'm not allowed to see.>
Package of insoles delivered but remains unopened.  They were evidently Chinese going by COB1 code of Evri. 

I've made a further appeal under consumer rights distance purchasing which apply in UK and EU.
Given I cancelled order in under 60mins would surely have been easy for BeWell EU to stop the order, especially if PayPal contacted them?

Summary
Communicated to vendor(BeWell EU) to cancel order done within 60minutes
Next day asked PayPal  to cancel payment as BeWell EU hadn't contacted me
2 days later PayPal rejected my request based on evidence from BeWell EU I wasn't allowed to see.

Given the immediacy of attempts to cancel order,  how might a judge look on things wrt Consumer rights? Note that insoles for shoes were being purchased in the transaction and would fall under health items?

Many thanks

sheramber

Have you followed the returns procedure  in the terms of service?

In the event of cancellation by the customer after delivery of the product(s), the customer must request the return postal address from customer service (info@bewell-shop.eu) and thus return the product(s) without undue delay and, in any case, no later than 14 days after informing the Company of its decision to cancel the contract. The customer will be deemed to have respected this period by sending the ordered products before the end of the 14 day period.
In the event of cancellation by the customer, the latter will be responsible for paying the costs of returning the product(s), unless the product(s) are damaged or defective, in which case the Company will pay such costs.
The Company will begin the refund procedure only after receipt of the product(s) ordered.
….,,.,,,,,,,

Article 12 - Governing Law
These general conditions and all disputes arising out of or in connection with shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of Luxembourg, without giving effect to conflict of law principles.

PotentialEnergy

I emailed to cancel the order within an hour of ordering on 23/4

They autoresponded re customer service contacting me.

I asked PayPal to withhold on 24/4.

They need not have sent the item but it was delivered on Friday 2nd May. 

https://uk.trustpilot.com/review/akusoli.com?stars=1

If you inspect the 1* reviews a common get out of returning/refund is having opened them.
As one says - How does one try if the item is any good without opening.


There is no return address on the outside of the package. Just a long barcode with S774106525019504783 Id: 2080; CNSZ-X DSTZY. GB. 
the date/time on the label is 25/4 20:49

Yet, I emailed them on 23rd to cancel and raised complaint with PayPal on 24th.  

If you visit trustpilot Akusoli you'll find it flooded with 4 and 5* reviews. 


What's the betting any return address is to a business registration satellite office with no staff or China...

Thanks for the advice re 14 day email as I'll do it now

PotentialEnergy

AI brings up this

In Luxembourg, as with the rest of the EU, consumers generally have a 14-day cooling-off period to return items or cancel services purchased online or through distance communication, without needing to provide a reason. This period begins after the goods are delivered or the service contract is concluded. However, some items like perishable goods or personalized items are excluded. Additionally, there's a 2-year guarantee for faulty goods or those not as described, requiring the seller to repair, replace, or refund the consumer. 

PotentialEnergy

Having sent to your address, a quick response saying

"We think there is some confusion between or company and another one as your references do not match with ours.
Please have a look on our website https://www.bewell-shop.eu/en-gb

I then messaged them through the contact form and got another email from PARTNER.CO ARIIX saying there was confusion with address.
I explained I'd do it again for legal records and they responded wanting evidence of invoice and payment.

We'll see what their next dodge tactic is.

Thanks

PotentialEnergy

So they reply saying

We thank you for your email

We confirm that we are not the beneficiary of this payment.

Our company is BEWELL S.a r.l.-S based in Luxembourg and we are not using PayPal.

We advice you to contact the seller via their website or to open a dispute with PayPal.

Kind regards

Customer Service 
Shop PARTNER.CO 
its email address in the signature is www,bewell-shop.eu/en-gb

eskbanker

Difficult to unpick all this and identify who you should be speaking to, but you linked earlier to a Trustpilot page for a company called Akusoli, what do they have to do with the purchase?

PotentialEnergy

Akusoli is the brand name of the insoles and have Akusoli.com

Having ordered using PayPal as payment, the email says Seller name  "UAB bewell EU" with phone number 7432208488.

Searching that number shows a 2019 robocall 

https://rekvizitai.vz.lt/en/company/bewell_eu/ has UAB in name

UAB Bewell also has Madrid registration 
https://www.dnb.com/business-directory/company-profiles.uab_bewell_eu.3ee05d25720ef4c7c08ff34c845d1553.html

The PayPal payment email had contact email address as

Paypalsupport@bewell-eu.com

Hence it is a complex web of bewell-eu. 

Thankyou

PotentialEnergy

https://www.trustpilot.com/review/bewellhub.co.uk

This is yet another trustpilot thread with similar stories 

Okell

Akusoli?   Are these the people whose adverts I see frequently on Youtube?

As someone who suffers from foot and lower leg problems and has done for 40 years or more I find their adverts comical - and completely wrong.  They can't even tell the difference between supination and pronation.

I'm afraid if you haven't got s75 protection or the possibility of a chargeback you are unlikely to get any satisfaction.

If you really need orthotic insoles I suggest you find a local podiatrist and get a prescription pair.  I did about 20 years ago and never looked back.

Ideally you need somebody who is hcpc/royal college registered  Find a Podiatrist

If you don't want to go private see what your local NHS has to offer  Find podiatrists and chiropodists services - NHS