Post-Brexit ordering from the EU- a lesson learned?

[Bob Downer]

Hi SGL,

Perhaps this matter is well known to this forum? I have recently ordered items from a well known Germany based retailer as they weren't available from UK sellers. I was sent an incorrect item and when I queried the matter, the retailer attempted to take me on a dance about 'updated design' and 'same function'. The reality is that I ordered a part no longer made by the manufacturer and instead they sent me their existing product. At the time of ordering, the items ordered and received had different pages, images, descriptions and part numbers. A google images search will still show the item I expected to receive. Inevitably this has now been revised by the seller to a single page for reasons I'll get into. Due to their attempt to pass this off as a non-issue I chose to make use of their 14 day 'no quibble' return agreement for the entire order and was told that this was not available to UK residents post-Brexit. Fine. Pity no policy seems to exist on their site specifically for returns for customers outside of the EU. However when I then pursued recourse on the specific item that differed from that ordered I was met with silence. After forewarning the supplier I opened a dispute case in Paypal which the supplier continues to contest. 

So, summary, the return policy seen on many EU seller sites may not be valid for UK buyers. You may not get the opportunity for a no fault return that we are used to seeing. Paypal or credit card payment may offer some protection. Also, it seem that Brexit has affected customer service of one supplier at least, unless it has always been like this.

In case you are wondering what I'm fussing about, see the images attached. the first is actually from this site of someone who has previously owned the item I ordered and matches the listing; I hope they don't mind me using it. The other is the supplied item fitted to the same model of tripod. In my work, we define change as a difference to fit, form or function. I think we're covered for at least one.

[banjaxed]

Looks like they are using brexit as an excuse for not refunding you.

[Tiny Clanger]

As we are no longer a part of the  E.U. , E.U consumer rights, and E.U. company  warranties and return policies for goods they sell within the E.U.  no longer apply to the UK , it is that simple . Trading standards will not be interested either, it is outside their territory.

If you'd used a credit card rather than paypal, you would probably be able  to invoke the magic words "Section 75 of the Consumer Credit Act 1974" to get your money back, as it extends to purchases abroad (assuming the item cost over£100) , but personally I wouldn't touch paypal with the proverbial bargepole, so don't know if you have any chance of recourse there.

[Bob Downer]

Thanks Tiny. I have had success with Paypal before so will see how the case pans out.

Yes, the general advice on the net seems to be that the consumer is on their own in these matters.

Of course this sort of issue applies to any buyer from a country outside of the EU. To Banjaxed's point, our recent exit may be being used by the seller. 

[Zermelo]

I sympathize. Presumably your section 75 and chargeback chances are unaffected provided you are with a UK bank, irrespective of the seller location, because the contract is as much between you and them as it is with the seller. Though I don't know how the CC company stands now with trying to recover the cost from the seller; perhaps they just have to take the hit. I've been cautious about buying from the EU since we left. I'm sure there are sellers who will continue to treat UK customers in the same way as others, but they don't have to.

[johninderby]

PayPal has a pretty good buyer protection system and really easy to make a claim.

 

From the PayPal website

Refunds

If an order doesn't arrive or match the description, we'll reimburse the full cost of eligible purchases and paid delivery costs (where applicable).

Edited April 21, 2021 by johninderby

[Stuart1971]

19 minutes ago, johninderby said:

PayPal has a pretty good buyer protection system and really easy to make a claim.

 

From the PayPal website

Refunds

If an order doesn't arrive or match the description, we'll reimburse the full cost of eligible purchases and paid delivery costs (where applicable).

This is true, BUT the first thing the seller will say to PayPal is that you have to return the item and then they will refund, and that will be costly, good luck at getting that return postage cost back.. after you have returned and it’s proven to be returned PayPal will sort it...

Aslo from a sellers point of view PayPal now do not refund there fees anymore, so if the seller does refund then they also have to refund the origonal sellers PayPal fee, this is also putting sellers off refunding via PayPal...I fell found of this a few weeks ago, as I did not know about it..😮

[johninderby]

PayPal will only refund up to £15.00 return postage fees and it doesn’t matter where it is being shipped to.

[Steve Clay]

2 hours ago, johninderby said:

PayPal will only refund up to £15.00 return postage fees and it doesn’t matter where it is being shipped to.

My wife had to return a disputed item to China yesterday. Having scanned the postage receipt and sent it to PP she has received the postage from PP within 24 hrs.