Illegal t&c s
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Discussion

Drawweight

Original Poster:

3,389 posts

134 months

Thursday
quotequote all

My wife ordered fitted mats for her car (against my advice)

Well they arrived, from China and as I suspected didn’t fit properly. I’ve contacted them and their first solution according to the t&c’s is to send another set, which is fair enough.

But burrowing further down amongst the highlights are classics like :- Return costs are the responsibility of the customer even if them product is faulty. And Refunds are only issued after an attempt to resolve with a free replacement. If a second replacement is declined or not possible, a 50% craftmanship and restocking fee will be deducted from the refund.

I mean these are obviously illegal under the Consumer Rights Act but what’s my course of action in the case of the replacement still not fitting? The mats are custom made which allows them to circumvent some of the conditions obviously but not them all.

Not paid by credit card unfortunately.

AB

18,851 posts

213 months

Thursday
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You're pissing in the wind trying to argue with a bloke in China.

Ezra

849 posts

45 months

Thursday
quotequote all
Chalk it up and move on...it'll be an exercise in futility trying to get a full refund.

48k

15,639 posts

166 months

Thursday
quotequote all
Drawweight said:
I mean these are obviously illegal under the Consumer Rights Act
Best of luck trying to enforce UK legislation against a Chinese based company. Yes, the legislation says even if the company is based abroad, if they are targeting UK consumers then the legislation applies, but what the legislation says and what you can practically enforce are two different things.

Drawweight said:
what s my course of action in the case of the replacement still not fitting?
If the mats are custom made and they don't fit the best course of action is to bin them and source better mats from somewhere else.

Jamescrs

5,589 posts

83 months

Thursday
quotequote all
I've ordered things from China before that have been sub standard and inevitably its cheaper and easier just to write it off rather than trying to return faulty items for a refund and the person in China knows that too.......

Drawweight

Original Poster:

3,389 posts

134 months

Thursday
quotequote all

It’s a registered company in the UK.

E-bmw

11,521 posts

170 months

Jamescrs said:
I've ordered things from China before that have been sub standard and inevitably its cheaper and easier just to write it off rather than trying to return faulty items for a refund and the person in China knows that too.......
The thing is whether you "order from China" or from the UK, the product is highly likely to be made in China anyway.

Mrs E was recently googling a top the likes of which she wanted so rather than go through all websites looking at all tops she googled a phrase something like "sparkly silver ladies top".

One came up on one of the "high street" retailers websites & she thought it might do so "saved" it, then carried on & came across the same top using the same pictures & the same description from temu.

The one from temu was something like £6.37, the one from the high street was something like £36.67.

Over the years I have bought millions of things & I'll bet well over 50% has been made in China.

In the last 20 years I'll bet that is more like 75%.

Drawweight

Original Poster:

3,389 posts

134 months


So does the fact that it’s a UK registered company give me more rights.

Wacky Racer

40,139 posts

265 months

Drawweight said:
So does the fact that it s a UK registered company give me more rights.
Why don't you wait to see if the replacement mats fit? ((if they turn up)

How much were they?

If around £20 forget it and move on.

Opapayer

103 posts

3 months

Drawweight said:
So does the fact that it s a UK registered company give me more rights.
I doubt you’ll have more rights. You might have a better chance of enforcing the ones you’ve had all along. Whether that’s worth it for what will probably be a small amount of money is your call.

sospan

2,744 posts

240 months

How did she pay for them?
Bank/credit card company may be an option under charge back rules.

OutInTheShed

12,484 posts

44 months

If paid for by credit card, then talk to your card company.

It's normal for your rights to be less when ordering a 'made to measure' product though.

Durzel

12,853 posts

186 months

E-bmw said:
Jamescrs said:
I've ordered things from China before that have been sub standard and inevitably its cheaper and easier just to write it off rather than trying to return faulty items for a refund and the person in China knows that too.......
The thing is whether you "order from China" or from the UK, the product is highly likely to be made in China anyway.

Mrs E was recently googling a top the likes of which she wanted so rather than go through all websites looking at all tops she googled a phrase something like "sparkly silver ladies top".

One came up on one of the "high street" retailers websites & she thought it might do so "saved" it, then carried on & came across the same top using the same pictures & the same description from temu.

The one from temu was something like £6.37, the one from the high street was something like £36.67.

Over the years I have bought millions of things & I'll bet well over 50% has been made in China.

In the last 20 years I'll bet that is more like 75%.
Aliexpress offers a "search by image" feature too, which makes it trivial to find quite a lot of things on eBay, etc purportedly from a UK seller that are just being dropshipped. Have saved a lot doing this.

48k

15,639 posts

166 months

Drawweight said:
So does the fact that it s a UK registered company give me more rights.
No, you have the same rights under the Consumer Contracts legislation whether the company is UK based or not, because they are targeting UK consumers, website in English, prices in GBP etc.

But having the rights and being able to enforce them are two different things.

And if the mats are custom made then custom made products are not covered by many of the CC rights. So then it's down to the T&C and how decent the customer service is.

As a counterpoint to your experience - 4 years ago I ordered a set of mats for my XC40 BEV. They arrived and the passenger side didn't fit. I contacted the company and after a couple of emails between us they admitted that they didn't have a template for the BEV as it was new (despite it being an option on their website), so they had sent mats for the hybrid. They offered a refund or I could send them my original Volvo mat using their returns process and they would use it as a template. A couple of weeks later my Volvo mat arrived back together with a complete set of replacement mats which fitted perfectly. That's decent service. It sounds like the company you are dealing with might be less decent but best of luck.

98elise

30,495 posts

179 months

AB said:
You're pissing in the wind trying to argue with a bloke in China.
This.

stemll

4,833 posts

218 months

I bought some for my son's golf from here and they fitted perfectly even down to the holes to go over the clips on the floor to hold the front ones in place

No affiliation, just a satisfied customer

https://carmats.co.uk

GasEngineer

1,657 posts

80 months

OutInTheShed said:
If paid for by credit card, then talk to your card company.
Drawweight said:
Not paid by credit card unfortunately.

2020vision

590 posts

14 months

You could try The Department for Business and Trade or The Foreign Office, however even those officials are likely to accept that the Chinese can do whatever they wish in terms of patent, copyright and customer rights are concerned. When the Chinese shut down the world s biggest companies I don t think your wife s car mats are going to figure large in World Trade.
If you resort to knock-off goods from those who are willing to supply copies then you need to accept that their suitability and quality will be 50/50 acceptable/5hit. Unfortunately your wife s car mats landed the wrong side of the odds.
By all means try to deploy the Foreign Office and subordinate government departments, but you will find the quality and observance of laws is not a priority for your supplier. They will send you the same 5hit as a replacement but do not give a damn about retaining you as a customer, there a millions upon millions who will come along attracted by prices that are 20-30% of the price of quality pucker goods.
Tell your wife she needs to get proper mats from a reasonable supplier. They ain’t connected to Chinese knock-off warehouses.

Drawweight

Original Poster:

3,389 posts

134 months

2020vision said:
If you resort to knock-off goods from those who are willing to supply copies then you need to accept that their suitability and quality will be 50/50 acceptable/5hit.

Tell your wife she needs to get proper mats from a reasonable supplier. They ain t connected to Chinese knock-off warehouses.
This is part of the About Us on their website.



Obviously you don’t expect Italian leather for 90 quid but they are very careful and there is not a single mention anywhere on the website at all where they originate from. They do however emphasise their Britishness.

Yes she was naive but I bet she’s not the first.

Anyway, communication has been excellent so far so we’ll see how they resolve it.

InitialDave

13,990 posts

137 months

Drawweight said:
My wife ordered fitted mats for her car (against my advice)
Is there a way out of this that doesn't end up being your fault anyway?

Assess that, and if not, just let her get on with it.