Online Returns policy if trader is outside the UK but in the EU....

[the_d_man]

So bought a wing mirror unit from this company buycarparts.co.uk.
The description when i bought doesn't state wether it is for a LHD or RHD car, they didn't even know themselves.

My problem is now that i have installed it is not fit for purpose, meaning the mirror doesn't rotate fully in and therefore useless.

Anyway the point is, where do i stand on returns if this company is based in Germany and has a German VAT and address, nothing here in the UK.

I have asked to return it, but they have gone quiet.

Any advice? who do i approach? i just want to return it i am within my 14 day money back, i also paid a little extra like £5 to be able to return it for whatever reason within 100 days.. they call it safe order.

Just wondering what the laws are around this.

[R0b]

Re: Online Returns policy if trader is outside the UK but in the EU....

Had a quick look on the website, nothing on the website indicates the jurisdiction in the event of a dispute so I cannot see any reason why you are not able to bring a claim via the small claims court here. You should be able to return it as you have extended cover.

If they have gone quiet you could suggest writing to them again outlining the fact that if they do not respond to you within the next 14 days, you will consider taking legal action against them.

In terms of enforcement, if a judgment is obtained in favour of you then you can enforce it in Germany by way of a European Enforcement Order. this essentially takes the cost out of suing them again over in Germany. You make an application to the court the court (in the UK) explaining the reasons why you believe it is enforceable and if granted it will issue an EEO certificate and a sealed copy of the judgment. All you need to do is just register it in Germany as because it has been certified it is recognised in other EU member states and is simply a formality. There does not need to be any declaration to be made by the the courts of Germany, you just need to register it and it will become enforceable. You then have the available methods of enforcement in that country such as bailiffs etc.

Of course if the cost is not so high then it might not be worth your while doing that but if it is a sufficient amount then it is worth considering. If the cost was over £100 did you pay by credit card, because you could make a s.75 claim and it would be up to the bank to recover their loss from the supplier instead of you.

If the value is quite low then rather than going through the hassle of courts then I would suggest writing it off.

[the_d_man]

Re: Online Returns policy if trader is outside the UK but in the EU....

Hi Rob, thanks that's great.

Well I paid with a CC Amex card, i think they come with extra protection on refunds hopefully.
I will take your advice and drop it if nothing happens after 2 weeks, it was only £70.

[des8]

Re: Online Returns policy if trader is outside the UK but in the EU....

If unsuccessful with the S75 claim you could use the European Small Claims Procedure
https://e-justice.europa.eu/content_...laims-42-en.do