Have consumer rights been ended by Chinese online retailers ?

Robert7578

It seems like a large proportion of consumer goods in the UK are now coming direct from China through online sites such as Temu, Aliexpress, Wish, BangGood ect, and thethey do not comply with safety standards or any standards, the CE marks are fake and the specs of electrical items are false , many items have been examined and found to have dangerous wiring , li-on batteries with no BMS or fuses bridged with wire .

These retailers are not registered in the UK so no one has any chance of enforcing their consumer rights .

Are consumer rights now a thing of the past for much of what we buy ?

user1977

We have the same (lack of) rights as we always had, the difference that people seem to be oblivious to the fact that if they're buying "off the internet" that could be from anywhere on the globe. Whereas in the past they might have thought twice before posting an international money order to Shanghai.

Westin

https://forums.moneysavingexpert.com/discussion/6671761/have-consumer-rights-been-ended-by-chinese-online-retailers

Simply don't buy this cheap tatt from Temu, Aliexpress etc.

Aylesbury_Duck

No. People are eroding or giving up their rights by continually chasing price or by making impulse purchases via social media. It's no different from days gone by when people would buy new, boxed stuff from the back of a van, a bloke in the pub, from a trestle table at a car boot, and so on. With rights come responsibilities, and if you shirk the latter, you'll lose the former.

Grumpy_chap

Robert7578 

Today at 12:14PM

It seems like a large proportion of consumer goods in the UK are now coming direct from China through online sites such as Temu, Aliexpress, Wish, BangGood ect, and thethey do not comply with safety standards or any standards, the CE marks are fake and the specs of electrical items are false , many items have been examined and found to have dangerous wiring , li-on batteries with no BMS or fuses bridged with wire .

These retailers are not registered in the UK so no one has any chance of enforcing their consumer rights .

Are consumer rights now a thing of the past for much of what we buy ?

There has been no change to your consumer rights for such a purchase.

If you go on a plane (perhaps you are travelling on holiday) and buy something in China, then you make that purchase under Chinese law and have whatever consumer rights that confers upon you. When you bring that item home with you, as the importer, you have duties around declaring and pay any applicable import duties / VAT and also responsibilities for the compliance with safety legislation such as CE marking (UKCA marking now).

Similarly, if you go online and make a purchase from a Chinese web site, the same Chinese consumer laws apply and you carry the same responsibilities, as the importer, for declaring and paying resultant taxes and for compliance with safety laws. You can enforce your rights as afforded to you under Chinese law by pursuing the company based in China through the Chinese courts.

If you do not wish to go to the lengths of ensuring compliance with the necessary safety laws and / or meeting the necessary taxes that apply, then you can choose to purchase the item or an equivalent from the local High Street. The initial price might be higher but you have the surety of legal compliance and routes to enforce the normal consumer rights that apply within UK.

born_again

Moral of story. Always check for a UK address for UK consumer rights.

Emmia

https://forums.moneysavingexpert.com/discussion/comment/82028685#Comment_82028685

This is the solution - don't shop on the likes of Temu, AE etc

Ergates

Are consumer rights now a thing of the past for much of what we buy ?

No.

You can choose to divest yourself of your consumer rights, if you like, by buying from places that are not covered by UK laws. But that is totally optional (and not something I'd recommend).

MattMattMattUK

They never applied to junk you buy abroad, the internet has just make that easier and who is this "we", most people do not buy junk from Temu/AliExpress/TikTokShop etc. it is just a small minority who buy a lot of rubbish from them.

daveyjp

Its a modern version of those who used to sell leather jackets or laptops from the back of a van in a service station. No consumer protection there either, but price rules and to many that is all that matters.

You can add to the list any number of flight, hotel, holiday sites, many based abroad, They take your money, then fail to acknowledge you exist when a problem occurs.

Caveat Emptor is more valid now than it ever was.

A_Geordie

It is a common recurring theme that I see on this forum where posters suggest your consumer rights do not apply simply because you purchased from a retailer overseas. For decades, it has been well established that your consumer rights are not extinguished if the retailer is based overseas. The key legal test is whether the retailer directs their activities towards UK consumers and if they do, then consumer rights laws apply.

In the case of s.75 claims, those rights have been established since 2007 in the OFT v Lloyds Bank case which confirmed purchases apply to foreign transactions.

The main issue that the majority of consumers have is enforcing their rights against overseas retailers, which is a whole lot different to saying consumer rights laws don't apply. Some companies such as Temu or Banggood may already have a presence in the UK already with warehouses of stored goods.

In light of Brexit and the increase in overseas retailers offering goods or services to UK consumers, it's all about being smart wherever possible (but admittedly not always possible):

(1) If the retailer has a presence in the UK such as warehouses and you have an address for it, then you could have a good chance of securing your money back by issuing a claim. The Civil Procedure Rules allows you to serve the claim form at any place within the UK where that (foreign) company carries on its activities. Assuming you are successful and obtain a judgment, instruct bailiffs to seize goods.

(2) As mentioned above, rely on s75 claims if the purchase (or line item if multiple item purchase) is above £100.

(3) Consider requesting a chargeback via your card provider if s75 isn't possible. It's a bit beyond the scope of this forum but if the card provider unreasonably denies or fails to take into account crucial evidence to support your chargeback claim, you could sue the card provider in lieu.

(4) Consider other modes of protection, albeit limited protection, such as Klarna's Buyer Protection or PayPal's Purchase Protection that could assist in getting your money back. Again, if Klarna or Paypal have acted unreasonably when considering your claim, there could be a direct claim against them.

(5) Some overseas companies will offer you a partial refund instead of sending back the purchase. You should really consider this as more often than not I see and hear people sending back the goods and have no refund. You could accept the refund as partial payment and consider other available methods to recover the remaining. At least you won't be fully out of pocket.

(6) Worst case, if the retailer refuses a refund unless you send it back to them, whether or not it is at your own cost or expense, seriously consider not sending it back and flogging it here at a cut price. The moment those goods leave your hands, you are more than likely going to end up with nothing back.