Consumer Contracts Regs - 14 Day Returns of Drop-shipped Products from China?

NightFox

My daughter recently bought an item from a website with a .co.uk suffix. The item was priced in £, and there was nothing explicit to suggest that the website wasn't a UK-based trader or that her order wouldn't be fulfilled from the UK.

Her item was drop-shipped from China, and she now wishes to return it under the 14-day 'cooling off' period of the Consumer Contracts Regulations. The seller has repeatedly tried to stall, but has finally send her return instructions. However, they are saying she has to return the item, at her expense, to China, covering import fees and they will also deduct 15% from her refund.

So, a couple of questions. If this is a UK company (which I doubt), the transaction should be covered by the CCRs so they can't charge her the 15% fee. However, in terms of returning the item to China, can they do that? The CCR's just seem to mention "any address provided by the seller", but this seems open to abuse and I'm sure isn't within the spirit of the Regulations, especially when there was no indication of this at the point of sale.

If the company isn't UK based, would I be right that the CCRs have no applicability at all, even though the website clearly indicates a UK business? Or could this be deemed a fraudulent or misleading transaction for the purposes of a card charge-back? We did initially try to raise a charge-back, but it was clear that the person we spoke to at Barclays wasn't even aware of the basics of the CCRs and the 14-day right to return.

Thanks for any advice.

Zinger549

Having a .co.uk domain doesn't automatically mean it's a UK website. 

mta999

Anyone in the world can hsve a co.uk domain - similarily anyone in UK can have a non-uk domain.

You can price on your website in any currency, including £.

So the website unfortunately does not 'clearly indicate a UK business'

There are many many Chinese companies using .co.uk and pricing in £. They rely on people assuming they are a UK company, they send out tat, and ask you to return it to China if you are dissatisfied.

So if you buy from China and the company does not have a UK presence then CCR does not apply - Chinese consumer law does

I would call it a scam, others may think I am being too harsh.

Ayr_Rage

Where is the company address and what do the Ts and Cs say as to applicable laws?

They should be on the website or invoice.

MyRealNameToo

NightFox said:

My daughter recently bought an item from a website with a .co.uk suffix. The item was priced in £, and there was nothing explicit to suggest that the website wasn't a UK-based trader or that her order wouldn't be fulfilled from the UK.

Her item was drop-shipped from China, and she now wishes to return it under the 14-day 'cooling off' period of the Consumer Contracts Regulations. The seller has repeatedly tried to stall, but has finally send her return instructions. However, they are saying she has to return the item, at her expense, to China, covering import fees and they will also deduct 15% from her refund.

So, a couple of questions. If this is a UK company (which I doubt), the transaction should be covered by the CCRs so they can't charge her the 15% fee. However, in terms of returning the item to China, can they do that? The CCR's just seem to mention "any address provided by the seller", but this seems open to abuse and I'm sure isn't within the spirit of the Regulations, especially when there was no indication of this at the point of sale.

If the company isn't UK based, would I be right that the CCRs have no applicability at all, even though the website clearly indicates a UK business? Or could this be deemed a fraudulent or misleading transaction for the purposes of a card charge-back? We did initially try to raise a charge-back, but it was clear that the person we spoke to at Barclays wasn't even aware of the basics of the CCRs and the 14-day right to return.

Thanks for any advice.

Its unlikely to be a UK company and even if it is its likely to be a shell with no assets in the UK so any action against them would just increase your losses 

It won't be considered fraudulent as you got the goods you paid for. You've made an assumption which has proven to be wrong, thats not illegal.  A chargeback would fail if you haven't returned the goods and as you have to return them under your own steam its only when the merchant has received the goods that your right to a refund crystallises. For those that have paid the high cost of return to China most report that tracking just stops and its never marked as delivered. 

Might be an idea to post the website then others can tell you the tell tale signs it had that it was not really a UK website. 

Anyone in the world can buy a .uk domain name in the same way anyone can buy a .com which was originally intended to be for the US. Anyone can add London into their name, for a start there are several Londons in the world. Anyone can buy the services of a mail forwarding company or virtual office in London or elsewhere.