Webshop fails do deliver towel dryer

[Citybird]

I purchased a towel dryer (£1000) from a webshop in the UK (Staffordshire) from Belgium. The webshop doesn’t deliver anything, is very hard to contact by phone. Emails are invariably replied to with excuses and bogus answers. Credit card claims this is a commercial dispute, not fraud and doesn't want to assist whatsoever. 
 

Can someone advise me how I go about here to get my money back? 
 

 

[unclebulgaria67]

So you bought the item as a commercial transaction for your business and you are not a domestic consumer.

 

What web shop based in in Staffordshire ? Name them, so we can check the website.

[Citybird]

No, I am a private party, not a business and yes I am not a domestic customer. The item was purchased and paid for before the Brexit. I don’t know if UK law allows me post the name of that business here, in Belgium that can get you into trouble. Your advice on that is appreciated. 

[unclebulgaria67]

So as a private domestic consumer, why can your Bank not help you ?

 

You should be able to claim under section 75 ( or similar section of your countries consumer credit protections)  with your Credit Card provider.  So get back onto your Credit Card provider and make a complaint.

 

This forum is based in the UK, so no problem naming the company you are having problems with.   If you are based in mainland Europe, you need to obtain advice in the country you are resident.

[Manxman in exile]

13 hours ago, Citybird said:

... and yes I am not a domestic customer. ...

 

Is that "not" a typo?

[Citybird]

I wasn’t really familiar with this terminology and searched it on the internet. To clarify again

- I am NOT residing in the UK 

- I purchased the product on the internet with a business located in the UK, charged in £ 

- I do NOT own/represent any business, transaction is as a private individual

 

http://www.warmerideas.com

 

 

 

 

 

Edited February 16, 2021 by Citybird

[unclebulgaria67]

Issue a letter before action by post recorded delivery  to the companies official UK address threatening to issue a County Court claim against them. 

 

When you purchased the item online, there should have been terms and conditions about performance I.e. how quickly the item would be delivered.  Suggest that you refer to the terms and conditions when you write to them. State how they have failed to comply with contract and what they must now do I.e. issue a full refund.

 

[Citybird]

Thank you very much. 
 

It’s not all that different then from things at this side of the Channel. 
 

[Manxman in exile]

I assume that because you say that your credit card company argues it is a commercial transaction, that in your country you have similar consumer protection to that which we have in the UK that makes credit card companies equally as liable as suppliers in respect of breaches of contract.  (Section 75, Consumer Credit Act).

 

I ask because in the UK, our Court of Appeal has decided that this law covers purchases made outside the UK as well as inside the UK. 

 

If the same is true in your country as in the UK (that credit card protection extends to purchases made outside your country) then you may be better off trying to convince your credit card company it is a consumer purchase rather than trying to sue the UK supplier in the UK while you are resident outside the UK.

 

Just something to consider before suing in England.

 

(Hope I've explained that well enough for you to understand if English is not your first language).

Edited February 16, 2021 by Manxman in exile