Cancelling a delive...
 

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[Closed] Cancelling a delivery from Europe ?

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I ordered some Mavic Crossmax wheels from Alltricks website in France. I no longer need them and they have not been dispatched yet, Alltricks have sent a generic reply saying they can not cancel the order, and I can return via a courier of my choice if needed. Can I now in the "Brexit apocalypse" just refuse the delivery from DHL and tell the courier to return to France, or will they insist on me paying the import, VAT and handling fees ? Anyone returned an item to Europe this year ?

(wheels were 220 Euro, so not huge bucks but don't really want to waste £60/£80 on import etc...).. might be better/quicker to just accept delivery and ebay ?


 
Posted : 23/04/2021 9:06 pm
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.


 
Posted : 23/04/2021 9:11 pm
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Anything ordered on-line in France can be returned within 14 days of reception, that's EU law. They'd be pretty daft to send it knowing it's coming straight back. Send an e-mail pointing this out.


 
Posted : 23/04/2021 9:36 pm
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This was their email:

Thank you for placing an order with Alltricks.com. As indicated in our terms and conditions, once an order is placed, we cannot cancel or modify the order in any way.

Bit frustrating as the order has not been dispatched from France and is still showing as "progressing".


 
Posted : 23/04/2021 9:41 pm
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Don't pay any vat/duty/fees and the parcel should be returned to sender after 20 days...


 
Posted : 23/04/2021 9:45 pm
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Thanks for the suggestion, but in their terms if you don't return within 14 days you get a credit note!


 
Posted : 23/04/2021 9:48 pm
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Pretty sure that in law (consumer contracts regs) that you have until 14 days after delivery the right to cancel any online purchase.

However, I'm not sure how UK law related to EU now Brexshit has muddied the waters.

Though I'd say they are potentially breaking the law in refusing your cancellation.

Just had a look, read this...
https://www.which.co.uk/consumer-rights/advice/how-do-i-cancel-an-online-order-ah8tt8e97qxi


 
Posted : 25/04/2021 8:22 am
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read this…

Why would that apply to a non-UK seller? We’ve taken given back control.

Anything ordered on-line in France can be returned within 14 days of reception, that’s EU law.

That’s domestic consumer protection. When buying from the EU, we’re no longer consumers, we’re importers, and the balance of protections and rights goes up in a puff of smoke. How would the buyer even begin to persue a case against the seller for a small value item? Which court would it end up in?

Retailers will have a choice to make… nearly all will soak up the costs of returns like this, for reputation reasons, and to keep selling to the UK. But what were once clear rights and protections are now opaque and impractical to apply. I’d now expect partial refunds where significant carriage costs have been incurred, and then only officially as a good will gesture, or implementation of the seller’s terms of the sale, not as a default right in law.


 
Posted : 25/04/2021 11:17 am
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On balance I think the best option is to pay the import and stick them on ebay, glad this is not a big ticket item. Wonder how this would apply if you purchaed a bike and needed to return it ? The risk is between the courier and ports the 14 days expires for the shop to receive the item back, they can then simply offer a voucher.


 
Posted : 25/04/2021 11:50 am
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If you bought a big ticket item, I’d hope any reputable seller would honour a refund or replacement policy, otherwise they’d loose their positive reputation and sales to the UK would likely stop/slow. It’s not unreasonable they they might now take deductions for courier costs. Legally, they could just tell you to swivel… but imagine the bad rep they’d get on forums etc.


 
Posted : 25/04/2021 11:53 am
 Drac
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Anything ordered on-line in France can be returned within 14 days of reception, that’s EU law.

Slight problem.


 
Posted : 25/04/2021 11:57 am
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It's EU law and UK law. If one doesn't apply then the other surely must.


 
Posted : 25/04/2021 12:44 pm
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And, which court would you appeal to in the case of a small value import? In reality, as an importer it’s contract law time in the legal system of the seller, not falling back on consumer rights in your home nation small claims court, as that now has no higher court with jurisdiction over both territories as a fall back.


 
Posted : 25/04/2021 12:54 pm
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that now has no higher court with jurisdiction over both territories as a fall back.

That's not the case though as far as I'm aware? The ECJ is nothing to do with the EU, we may have brexited but we're still in Europe.


 
Posted : 25/04/2021 2:04 pm
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Are you thinking of the ECHR?


 
Posted : 25/04/2021 2:30 pm
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This is in relatively plain English:

https://www.clarionsolicitors.com/articles/the-european-court-of-justice-and-the-european-court-of-human-rights

Consumer rights are not fundamental human rights.


 
Posted : 25/04/2021 2:37 pm
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Are you thinking of the ECHR?

Ah, I might be, yes.


 
Posted : 25/04/2021 3:02 pm
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I don't mind alltricks but some of their practices are a little odd.
I ordered a shock from them showing in stock, it had not shipped a couple of weeks later, I chased them they said they have cancelled the order, issued a credit note and not issued a refund. Odd!
I was about to ask them to issue a refund as in no way was the above situation my fault, I was still searching for the shock andthen appears in stock again so I order and it was with me 4 days later no issue.


 
Posted : 25/04/2021 3:22 pm
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I have a couple of ebike batteries on the way from Alltricks as none in the UK. Two and a half weeks so far, I have chased a few times as tracking not updated and just got nothing answers (be patient etc). When it did update it said they are being held by LaPoste due to a missing form. I had to phone LaPoste to establish that the invoice was missing, Alltricks tell me they have now sent it so will be back on the phone to LaPoste tomorrow.

Looked at Trustpilot customer services reviews for them too late, don't think I'll be in a rush to use them again. Just hoping they do get here so I don't have to chase a refund (and have no new battery...)


 
Posted : 25/04/2021 3:58 pm

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