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Mail order damaged goods problem... happy update

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I received an item through the post which was fairly pricey (£40) & postage was another £9 on top of that too.

It has arrived to me damaged. I have contacted the company who sent it, sending them photos on their request, & they have told me that they do not have another one in stock to replace it with :evil:

They have suggested that I accept a gift voucher, but this is a pretty specialist item & I am very unlikely to spend £40 with them again!

 

Am I correct in thinking that they should refund me in full, including the postage.

And how about if they want the item returned to them - do they cover the costs of that?

 

To make matters even more complex, they are based in France :roll:

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Consumer advice is that 'If the goods are damaged when they are delivered or are substantially different from their description on the website, you are entitled to ask for a full refund, including the cost of all postage and packaging'

I'm pretty certain that this applies in European law and therefore should give protection when buying goods between European countries.

They should also pay return postage costs, usually by sending prepaid packaging or emailing a return label.

Sometimes you just have to pressurise a bit as it is much easier for them if you accept vouchers.

Good luck!

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Under the distance selling regulations, you are entitled to a refund, including postage.

 

Which? produce a useful guide here: http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations/#link-1

 

And further advice from Citizens' Advice: http://www.adviceguide.org.uk/scotland/consumer_s/consumer_different_ways_of_buying_e/consumer_buying_abroad_e/buying_from_an_overseas_seller_in_europe.htm

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Consumer rights in the European Union:

 

The main rights that are given to every European consumer under the European Directive on certain aspects of the sale of consumer goods and associated guarantees (1999/44/EC) are set out below.

 

If you purchase goods or services from another EU Member State and they were advertised in your country, you are protected under consumer law of your home country.

If you purchased goods or services from a representative of the business in your home country, national consumer law of your home country protects you.

If you buy goods or services while you were visiting another EU Member State the laws of the country in which you bought the items apply.

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