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German Supplier, refused to repair under warranty. What to do?


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Hi everyone.

This is the letter I have sent to one of my suppliers. What do to when a supplier from abroad refuses to refund for a manufacturing issues on the item bought.

 

05 October 2015

 

Dear Mr. X,

Request full refund Order N 6513 dated May 2015 23rd + invoice 29617 + 30 EUR for storing.

I am writing to you to make official request of full refund for the purchase of the Scooter model H300 I have bought for my customer Mr. X X.

As you were previously made aware of, the scooter was received by the customer with manufacturing issues such brakes not perfectly working, speedometer not set for showing the speed as described in the scooter specifications and the main issue, the handlebar broken in two pieces.

After making request for repairing the scooter, I was charged for the repairs despite the scooter had arrived already broken to the UK. I was also charged for the delivery from London to the warehouse in Germany and from the warehouse to London. As a third charge, it was added an extra 10 EUR for each week the scooter was kept in the warehouse after repairs were done. In regards to this last charge, I have never received the invoice, which complicates the situation as no payments can be requested without the invoice being issued.

 

Please, find below the steps which have brought me here:

• May 23rd: - I bought the SXT H300 from the website sxt scooters. Within the first 14 days you were made aware of the issues shown on the new scooter once the parcel was opened.

 

• June 29th - The scooter was collected by Parcel Force from the X Ltd office in London for being delivered to your warehouse in Germany.

 

• July 6th - The scooter was received by you and the paperwork signed by X.

 

• August 13th - 39 days after you have received the scooter in your warehouse, I was informed by email that your mechanic had finished the check of the scooter stating that they had not found the issues described be me (I have all the pictures about the broken handlebar. After checking the scooter, you have stated that the parameters of the speedometer were wrong, that the brakes needed some fixes and that the wheels needed to be inflated. All this means that the scooter was not checked before the delivery and it was received by the customer in not acceptable conditions)

 

• August 13th - This same day you have invoiced me for repairing all these issues were shown once the scooter was received by the customer.

 

• August 19th - You have informed me that I will be charged extra 10 EUR for each week the scooter is kept by you in your warehouse.

 

• September 7th - The invoices 29617 (delivery plus repairing) and the non-invoice never issued (storage for the scooter) were paid to your bank account as requested in order you to re-deliver the scooter back to London.

 

• September 16th - 73 days after delivering it to you for the scooter being repaired, the scooter was received in London and the delivery was signed by Mrs X X which has opened the parcel in front of me and noticed that the handlebar is mounted upside-down and that the speedometer is broken. (I have sent you the pictures of it)

 

• September 17th - I personally sent you an email making you aware of the receipt of the scooter with the handlebar mounted upside-down and the speedometer broken (the picture were attached to this email). No answer was received by you.

 

• September 20th - I sent you the second email advising you again of the fact the scooter was received with some broken parts (speedometer) but unfortunately no answer was received by you.

 

• September 30th - I sent the third email to the same email address we have had in the last 2 years our correspondence and for the third time I have not got any reply. I have asked your assistance for a scooter that was received for the second time with manufacturing issues. After 125 days still the scooter is there on a side in the office and it is not possible using it.

 

During this time more than one consumer and businesses defense center and departments - German Patent and Trade Mark Office, HM Revenue & Customs and UK Trade & Investment, UK European Consumer Centre, The German-British Chamber of Industry & Commerce, Verbraucherzentrale, German Federal Ministry of Justice and Consumer Protection - were informed of your behaviour, about your conduct, about your threats for having published a correct review of the issues happened with the scooter sold by you.

No international laws prevent a consumer or a business by publishing on internet the behavior of another business which they have a cooperation with as long as all the statements correspond to real facts. This will be considered as a threat and valuated as such.

With this letter, I would like to ask you to issue a refund for the money spend for buying the scooter which, after 4 months and 4 days after its purchase, is still not possible riding on the road (private) because of the issues mentioned above.

The total amount to be refunded is: 1151,43 EUR

• 873,84 EUR for the purchase of the scooter.

• 157,59 EUR for the delivery UK-Germany and Germany-UK and repairing of the scooter under warranty.

• 30,00 EUR extra charge for storing the scooter within your premises (invoice illegally not issued)

• 90,00 EUR as anticipation for delivering back a scooter that since the beginning was not possible to ride because of its issues.

 

As a matter of the facts, the departments mentioned above will be receiving copy of this correspondence with you in order to be updated with the development of the facts. They will be also authorized of proceeding with further investigations about this report in order to make more clear the reasons which have brought you to behave against the rules.

Nonetheless they will be requested to make public this report as we strongly believe that users and potential buyers must be made aware of your conduct as a Company.

 

 

 

I have never got an answer.

I have the item broken in my house and cannot use it.

 

What to do?

Does anyone have a clue?

 

Regards.

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Is this the company? http://sxt-scooters.de/

 

Do I gather that they are threatening you because you have published your complaint on the internet?

 

I was going to suggest the European Small Claims service - but that is for claims less than £2000. https://www.gov.uk/recover-debt-from-elsewhere-in-european-union

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Hi,

thanks for commenting here.

 

Yes they have told me that they have already brought other people to court and that they were going to bring me to curt too because as a business, I cannot talk about them. Cannot a business refer to another business if something wrong has happened? I am just telling a true story, a personal experience that my customer could tell everyone.

 

The fact is that they have sent me back the scooter with the handle bar mounted upside down and the speedometer broken.

 

i have all the pics.

 

By the way, the value of the scooter, an electric one is less than £1000.

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Ah yes. I see that I mentally added a zero or a comma somewhere.

 

It is well below the European Small Claims limit so if I were you I would begin that process immediately. Give them seven days in writing and then issue the claim. Please let us know how you get on with this. We have no experience of this process and I expect it will be interesting for everyone.

 

As for the threats being made against you, we have heard of this kind of thing – by coincidence from another scooter supplier – although a different type of scooter.

 

Don't worry about it. As long as you're telling the truth – and you have all the evidence then you can but the story around and it will warn others.

 

We have found in the past that some suppliers around the Internet cleaning it up by putting pressure and threatening libel against forums or even the hosting companies.

 

We are very lucky. We have an excellent hosting company that isn't prepared to give in to pressure like this unless there is a good legal basis.

 

We are happy to carry the story here and to give you advice and to accompany you through your journey – as long as it is all verifiable.

 

I would be grateful if you would send me an email to our admin email address with some of the pictures and some of the email correspondence which is been passed between you so that I have it on file in case we get challenged. I would hold it confidentially of course.

 

Make sure you do everything in writing. If you have any telephone dealing with this company then first of all read our customer services guide and implement the advice there. Record everything.

 

Some suppliers seem to think that they can get away with anything and clean up the Internet after them. They need to understand that they have to behave reasonably towards everybody.

 

It would be very amusing if you posted the pictures of the upsidedown handlebars for us all to have a laugh at.

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Again thanks for your comment, much appreciated.

 

I have sent the email with the correspondence about the Facebook posts and all the pictures I have sent them by first class delivery to their office 3 days ago. I would like to wait for a while before going to court, which is what I am wiling to. It is not because of the money themselves, it is because I believe that this behavior harms the users and the internet buyers. Sellers like that should be heavily punished.

You are free to publish my pictures on your reply if you wish.

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Thanks. I've received it all.

 

I suggest that you put some of the pictures up on this forum.

 

Their letter to you is extremely funny because it includes

 

"Our lawyers will open a case against you and take you to court requesting penalty and compensation - please take this email serious you will

not be the first one we take to court and for sure you will not be the last one."

They obviously realise that they will have more trouble coming and this is why you won't be the last one. Hilarious stuff. You couldn't make it up. Maybe this is the way they do things in Germany.
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Here's an Amazon review by a customer who has also had problems with SXT-Scooters and by coincidence the problem was apparently with poor customer service

http://www.amazon.co.uk/gp/customer-reviews/R7R2IH1N8NI2E/ref=cm_cr_pr_rvw_ttl?ie=UTF8&ASIN=B007FB3WMU

 

The review was in 2013.

 

They seem to have an impeccable feedback rating on eBay http://feedback.ebay.co.uk/ws/eBayISAPI.dll?ViewFeedback2&userid=sxt-scooters&ftab=FeedbackAsSeller

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Thanks for pointing this review out, it is very helpful.

 

I will now wait one more week for their reply to my letter (the one published above) and I will call them since they have ignored my last 3 emails or maybe 4.

 

What has surprised me is that there are no centers which help citizens having troubles in the trading field.

 

The police clearly told me that I have to pay for defending my rights.

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Obviously you must play it the way you want. However, chasing them simply delays things and makes you look weak.

 

I suggest that you spend the next seven days reading up about how to start a European small claim and then send them a letter before action.

 

Don't bluff. If you're not prepared to go ahead with it then don't bother to send the letter. Give them 14 days and then on day 15 sue them. I'm afraid there's no other way to deal with companies like this whether they are in the UK or elsewhere in Europe – but especially elsewhere in Europe I suppose they feel rather immune from court actions started from another state.

 

However, very few people have heard of the European small claims process – and they will be surprised when they receive the court papers. That is likely to galvanise them into action I expect.

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If you want to give the ESCP procedure a go, we can help you with it. The forms you need are at https://e-justice.europa.eu/content_small_claims_forms-177-en.do.

 

You would have to decide whether to send the form to Germany (in which case the case would go through the German court system) or in England (in which case the case would go to your nearest county court and treated as a small claim). You can only file it in England if the scooter was delivered by this company to England.

 

The advantage of using the ESCP is that the judgment you get at the end, if the business still refuses to pay, should be enforced by courts anywhere in the EU without question. The disadvantage is that you would have to file the claim with in person or by post on a paper form. You cannot file it online, unlike a regular small claim filed online through 'moneyclaimonline'.

 

The police clearly told me that I have to pay for defending my rights.

You will have to pay a court fee to make a claim. If making an ESCP claim in the UK, the fee would be the same as for any other county court claim (the fees are listed at http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf).

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  • 1 month later...

Hello guys,

and thanks for the recent suggestions yuo have given me in regards to this matter.

 

I have now some updates. Once I have analysed again all the possiblitires I had to take down the SXT Scooter, I have decided to involve PayPal which I had used in that case for the purchase of the Scooter.

 

3 days ago, after a 1 an an half month dispute, PayPal has has granted my appeal and PayPal has decided to refund me at their own expense. The refund will not be coming from my seller. "

 

It is a small victory despite the seller has not lost any money and they may still be doing the same thing to other customers.

 

Again once I would like to remind that the German company, scooter manufacture has sold an item with manufacturing issues and have refused to repair the scooter. The scooter was actually sent back for repairs and they have charged me for it sending me back the scooter unpaired.

This was reported to PayPal which has granted in my favor. Unfortunately the SXT will be not paying for that. The only thing I can do now is sharing with everyone what they have done. Hopefully many potential buyers will be reading this and will decide not to buy from them.

 

Thanks,

Marco

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