Bought something online, its faulty and I want to return it, but I'm getting charged?
yesman2012
Posts: 2,104 Forum Member
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I bought something from a website from a China/U.S based company (I think its based in the U.S). Anyway it's an electronic item, and I paid in UK pounds with a debit card.
I opened the box, and discovered that it doesn't work properly. Its wifi reception is weaker than it should be, because I bought an exact same item a few months ago which worked totally fine. So I have a good idea that its faulty.
I emailed the company's customer support, and I'm getting asked to pay a 'return processing' fee of $30 USD on top of postage costs. They mentioned this is all stated on their website's terms and conditions, which it is.
But under the Distance Selling regulation in this country, am I not entitled to a full refund completely free of charge if the item was faulty?
I opened the box, and discovered that it doesn't work properly. Its wifi reception is weaker than it should be, because I bought an exact same item a few months ago which worked totally fine. So I have a good idea that its faulty.
I emailed the company's customer support, and I'm getting asked to pay a 'return processing' fee of $30 USD on top of postage costs. They mentioned this is all stated on their website's terms and conditions, which it is.
But under the Distance Selling regulation in this country, am I not entitled to a full refund completely free of charge if the item was faulty?
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You can't go around imposing our laws on companies that operate in other countries. Especially when you knowingly purchased from another country, probably because it was cheaper than a UK supplier.
The OP has already said payment was by debit card. Also, for Section 75 of the CCA it's the item cost that is important (£100 - £30000) not the transaction value.
Additionally, the DSRs could be used to get a refund for faulty goods within the cancellation period if the seller was UK based. Cancellation of the contract can be for any reason - the buyer is not required to state why they wish to cancel the contract.
Firstly I'd check exactly where your payment was processed (your bank should be able to tell you this). If within Europe then consumer protection laws will apply. If outside Europe then you don't have those protections.
However, it may be more hassle than it's worth to pursue this.
I would contact their customer services again and emphasise that you believe the item to be faulty, and that you have not simply changed your mind about purchasing. You may get them to waive the returns fee by emphasising the faulty nature of the goods.
I didn't go into the Distance Selling regs in detail because the OP made it quite clear the seller was not UK based.
Fair enough, but playing devil's advocate, it works both ways surely. They chose do business in a country and so they should abide by the laws of that country.
So are you saying that where the company is based, is irrelevant, and it is location of the processing of the payment which matters?
Also, you mentioned that, 'Cancellation of the contract can be for any reason - the buyer is not required to state why they wish to cancel the contract.'.
So I get a refund without charges even if the item isn't faulty? Because to be honest, I'm not 100% of the item being faulty. All I know, is that its wifi reception is noticeably weaker than an identical model I bought earlier.
Just because they deliver to a particular country doesn't mean they are doing business in that country.
If a UK arm / subsidiary of the main company handled the payment for your order then the transaction will be deemed to have taken place in the UK. However, just because you paid in sterling doesn't mean this is the case. This could be for the buyer's convenience only and the payment was received abroad.
By that argument every company which delivers worldwide would have to comply with the laws of every country in the world. That's clearly impossible. Besides, just delivering an items somewhere doesn't really count as "doing business" there. I've sold thing on Ebay to people overseas but if they were unhappy with the item then I'd expect them to cover the return shipping costs.
do you still expect them to cover the return shipping costs even if the item was faulty?
I think a lot of people have confused the issue here. Their are 2 parts to this first is the shipping fee of returning the goods. I think that is only reasonable in this case if you buy from overseas you are subject to their laws and conditions it is part of the risk you take.
The second part is the return processing fee of 30 dollars which is on top of the shipping cost. If I am honest this taking the mickey. I have seen some companies make a small admin charge to re-stock the item but 30 dollars on a low cost item is a heck of a lot.
I would check the T&C normally this fee is in cases you change your mind. If you believe the goods to be fault and have requested a replacement then you should not be charged.
However in this case it appears the item does work the problem you are going to have is proving it is faulty. Unless the item states it works at a certain distance basically it would been seen as fit for purpose.
So legally you dont really have much going for you. However you should try to stand your ground in the hope they will relent on the fee and you just have to paying shipping costs.
The best course of action may be to argue that the goods were faulty so it is their fault you are having to return the item and it is unfair that you should pay this cost. If all else fails contact their complaints department and try via that channel.
How does it offer extra protection?
Also, I want to pay with my own money, not from borrowed money from the bank which incurs interests, which is why I used a debit card.
As mentioned previously, Section 75 of the Consumer Credit Act.
Put simply, with items costing between £100 and £30,000 that are partly or fully funded on a credit card the card issuer is jointly liable with the retailer for the condition and quality of the item.
More info here: http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act
Almost all credit cards offer an interest free period between statement periods. Provided you clear the balance in full and on time every month you won't incur any interest.
In fact, you can actually work credit cards to your advantage as many offer rewards programmes or cashback.
I do all my day to day spending on a credit card and then clear it in full every month, and I earn about £150 a year in rewards / cashback and incur no interest whatsoever.
The vast majority of debit card providers incorporate a charge-back clause in their terms and conditions. If the OP's card was a Visa or Mastercard he should be able to claim under that. The charge-back process has no minimum limit.
That worked very well for me with a duff computer - the threat of claiming against the credit card secured me a replacement in double-quick time (no doubt because they knew that the credit card company wouldn't give up in chasing the debt.
Simplicity itself if you set up a direct debit.
If Yesman has bought the product from an agent based in the UK, then the contract is with the agent, unless it is explicitly stated in the contract of sale that the agent is working on an agency only basis. .
Indeed, if you and I wanted to recover the debt, it would mean going to court, if the credit card company waned to recover the debt, all they would have to do is withhold payment, for current transactions, to the merchant, for the value of the refund.
Well, your cup is flowing over with the milk of human kindness.
The shipping costs are not separate to the cost of the goods, they form part of the contract with the seller.
If it costs me more than is what reasonable, then yes, I would expect to be compensated for my time and expense.
If you are buying from the UK then no you do not expect to have to pay the shipping on a faulty item, your analogy does not hold water. Obviously the OP's case is different as he bought overseas.