Wrong incompatible online purchase damaged on return delivery and client unwilling to issue a refund

Hi there people,

not sure if the category is right for this post. I have an interesting query to make.

I bought some tail lights for my car from an online car parts store in Italy, and after lengthy correspondence between myself and the seller trying to ascertain whether or not the items would be compatible with my car, I was told by the seller that they would be 100% compatible. I ordered the items and they arrived without issue.
On trying to fit them to my car the taillights were indeed not 100% compatible which the seller guaranteed they would be, they were 100% incompatible as the shape was incorrect, they were for a three door model when my car is five doors and the wiring harness used to connect to the electrics was for an older version of the car. As these items were not as described by the seller I contacted them to start the return process which was accepted by the seller, although they gave me a return address that was for a warehouse in Germany.

I sent the items via courier service, and the first delivery attempt was unsuccessful due to the business address being closed during a lunch hour. The items were successfully delivered the next day but were damaged by the courier during transit. The warehouse that accepted the delivery took pictures of the items and the box which did indeed show that the box was deformed and damaged along with its contents. I returned the items in the same packaging that they were sent to me in originally but the German warehouse people continued to blame myself for not packing the items correctly!

The German warehouse have basically refused to issue me a refund because the items were damaged when they reached them and the original seller is not even taking any liability in offering a refund even though they sent me the items that were not as described by themselves to begin with. It seems very unfair that I should lose nearly £250 because the items were not as described and damaged through no fault of my own on return.  What rights do I have with purchases like this from EU online stores? Would this be a case for the chargeback scheme through my banks debit payments? Does any one have any advice on how I could possibly proceed with this case to get a satisfactory outcome?

Hoping some one has some experience with something similar to this case.
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Replies

  • noitsnotmenoitsnotme Forumite
    545 Posts
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    Claim on the insurance from the courier you used.  You did pay for insurance didn’t you?!
  • Emzmom88Emzmom88 Forumite
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    Get in contact with the courier asap and you will need to make a claim with them for the damages if you have insured the parcel for enough you should be able to get the money back as you have the cost of the item and the warehouse have sent you pictures.
    But contact the courier asap as some have a limited time for you to raise a claim.
  • brummieboy1980brummieboy1980 Forumite
    4 Posts
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    I have to be honest and say I skipped insurance for the full cost of the parcel as in my logic, I received the items undamaged and expected them to reach the destination in the same manner, and yes this is a very silly decision to make and have learned a lesson!

    I am currently attempting a chargeback claim with my debit card provider. Wish me luck.
  • brummieboy1980brummieboy1980 Forumite
    4 Posts
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    You'll need more than luck. 
    I managed to find some information about purchase protection with debit card payments online as part of a buyers rights in the UK. It seems that banks offer purchase protection on credit cards but chargeback is used with debit cards.

    If the items that are bought from a store or online and are not as described by the seller then there is a claim that can be made for reimbursement of the cost. It may take over a month to get the cash back as at the moment there is an influx of claims because of coronavirus and people having to cancel flights to holiday destinations. I was advised that you can even get a refund on purchases made to businesses that go into liquidation, I may need more than luck , who knows?

    Upon trying to get some money back from parcel compare site, they turned around and told me that the items were in the "non covered for damage" section of their terms, problem is when the items were declared there was no message to tell me that they were not covered, I paid for £50 cover. They have offered to pay me back for the sending of the items in the post and nothing else. How very nice of them!

    I will keep you all informed as the outcome, I am fairly confident it will be resolved, I have all the evidence to show it was the sellers misguidance that led me to buy goods that were not as described. 
  • societys_childsocietys_child Forumite
    7.1K Posts
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    I have all the evidence to show it was the sellers misguidance that led me to buy goods that were not as described.

    But they were in your care, and your responsibility to return them undamaged if you wanted a refund.

    I have to be honest and say I skipped insurance for the full cost of the parcel
    Oh dear . . .
  • SpreadableToastSpreadableToast Forumite
    196 Posts
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    How they were packaged originally is irrelevant, maybe the seller was willing to absorb any losses from damage.  You needed to pack them in a way that was acceptable to the courier you used, and make sure they were insurable and insured.

    I'm confident it will be resolved too.  By you not getting a penny from the courier or card company as you're at fault.
  • brettctabrettcta Forumite
    4.7K Posts
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite
    You’ll be lucky to get a 6 pack of stamps as compensation
    helpful tips
    it's spelt d-e-f-i-n-i-t-e-l-y
    there - 'in or at that place'
    their - 'owned by them'
    they're - 'they are'
    it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)
  • brummieboy1980brummieboy1980 Forumite
    4 Posts
    First Post
    Forumite
    Hi guys thanks very much for all of your inputs, I even thank those who were less than helpful with their comments, you gotta get your post numbers up, after all being part of the furniture must come with its responsibilities and trolling rights.
    I can confirm around three weeks ago when I contacted my bank about the problem, explaining every detail to them, I was issued a full refund including the none GBP funds conversion cost from English pounds to euros. Case closed !!
  • Hi guys thanks very much for all of your inputs, I even thank those who were less than helpful with their comments, you gotta get your post numbers up, after all being part of the furniture must come with its responsibilities and trolling rights.
    I can confirm around three weeks ago when I contacted my bank about the problem, explaining every detail to them, I was issued a full refund including the none GBP funds conversion cost from English pounds to euros. Case closed !!
    1 A poster with 4 posts going on about trolls LOL
    2 The bank has done a chargeback for you - the merchant has 45 days to contest this and for over £250 I would think that they will do this. Expect the transaction to be re-debited any time soon.
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