Distance Regulations apply to Germany?

[CheeseOnToast]

Hi,

 

I know in theory all member states of the EU should have a harmonised law applying to DS Regs, can anyone confirm if this it the case?

 

Problem is we (read my partner) bought a (reasonably pricey) pram for our newborn (born a week ago today!) on ebay from Germany, the thing has arrived but there are a number of problems with it. The main thing being the bloody thing is huge and the front wheels appear to be the non "swivel" type ! Which is not good for us as she will be going on the bus etc.

The ebayer is a business and does a returns policy but I am worried about getting shafted on the postage both ways. If DS applies then I am entitled to a refund on the postage too, and I believe the seller needs to arrange for their own collection of the item unless otherwise specified ?

 

Thanks for any help you guys can give me !

 

Other probs with it anyway including the car seat having "used" looking scuff marks and no manual, but still, the other points above stand.

 

Cheers,

 

Phil.

[raydetinu]

if bought at auction, rather than buy it now, auction rules apply, no comeback, unless seller agrees.

first you will need to check what returns policy they have and come to some arrangement. contact them.

if no success and goods are faulty or not as descirbed you start dispute procedure.

Forget court action! too costly to persue abroad.

[CheeseOnToast]

It was buy it now

 

I know how to take action, I just need to know before I start if the Distance Selling regs apply to a product sent from Germany -

 

Thanks for the reply though

 

Can anyone else shed any light ?

[Conniff]

I'm not sure if it has been implemented yet, but there was a proposal last year in Europe that cross border disputes would be enacted on the laws of the country in which the buyer resides. This also included the European directive on 'Distance Selling'.

 

The regulations 'state' that return postage is the purchasers responsibility 'if it says so in the paperwork supplied with the purchase'.

 

So if the cross border regulations have come into force and Germany comes under the DSR and they never told you that you would have to pay the return postage, then you don't.

Edited August 3, 2008 by Conniff