Reporting an online retailer to Trading Standards

[AmpleLilacQuail]

Not really a legal Q but I’m not sure where else to put this.

I placed an order with an online retailer (CRZYoga) in June that was misdelivered. After a saga I have been refunded by PayPal, but from the correspondence I’ve had with the retailer it is clear that they do not have a grasp of UK consumer legislation. I have since looked at Trust Pilot and lots of other customers have had a terrible time with this retailer.

Could I report them to Trading Standards? My reasoning doesn’t really fit with any of the reasons on Citizens Advice but I do think it’s important to raise! Any suggestions/experience is appreciated.

www.citizensadvice.org.uk/scotland/consumer/get-more-help/report-to-trading-standards/

@AmpleLilacQuail You don't give details of the "saga" OP, but would it be covered by ”they tried to stop you using your legal rights"?
I once dealt with a hopeless company, whose website still referenced the Sale of Goods Act 1979 years after it had been superseded by the Consumer Rights Act 2015! I wrote them a firm email, not just about my issue with them, but also telling them to amend their outdated Ts&Cs under threat of reporting them to Trading Standards and they did, so it might be worth trying this first. However, I would report them to TS if they do nothing and are clearly in breach of the law.

Sorry, perhaps “saga” is over exaggerating it but it was just so drawn out!

Firstly, they kept saying to me that I had to provide proof of non-delivery. Lord knows how I would do that anyway but my understanding of the legislation is that it’s on the retailer to prove.

Then they would insist that it should be Amazon Logistics that should refund me and they were refusing, but that’s false too as I had no contract with Amazon Logistics.

An added complexity is that the company are based in Hong Kong 😬

I emailed Consumer Advice Scotland, so if I get a reply I’ll report back.

You should have mentioned the company is based in Hong Kong. They're not within UK legal jurisdiction so, unfortunately, reporting them to UK Trading Standards is a waste of time.

Yeah. Nothing you can do if not UK. I don’t buy anything other than very low value items from companies in other jurisdictions for that reason

Is that definite? I’m seeing mixed information online.

@AmpleLilacQuail What information are you seeing online that gives you the impression that UK Trading Standards can take action against an overseas company? Can you post a link to what you've read so I can read it please?

Various websites seem to say that purchases are protected by UK law if the seller is targeting UK customers. Lots of may/may not so I can’t find anything definitive either way. For example -
https://wise.com/gb/blog/consumer-rights-buying-from-abroad

But I don’t know the ins and outs, hence my asking!

That's a glorified advert. TS have no jurisdiction over traders not in this country.

Okeydoke thanks then.

Thanks for the link OP and I stand by what I previously posted - UK TS won't be able to help you here. However, the advice in the link isn't bad - have you done the following:

• If you paid for the order by credit card and the amount you paid was over £100, have you contacted your credit card issuer to make a Section 75 claim?
• If a S.75 claim isn't possible, have you checked the seller's Ts&Cs on their website to find out which country’s laws apply to your purchase? (If it's the law of England and Wales you can quote the Consumer Rights Act 2015 to explain your rights.)
• If UK law doesn't apply, have you contacted the UKICC for help to enforce your rights?

Yes I got my money back via PayPal dispute, was just concerned at their lack of UK consumer knowledge but that makes sense if it doesn’t apply to them!

Okay, PayPal came good in this case - hurray.

Occasionally a global credit firm might have your back but equally they can be entirely disinterested and are not bound by UK finance law: chargebacks are done in accordance with sections of domestic legislation generally, and they don’t apply worldwide.

Generally, your rights are very limited if the company isn’t trading out of the UK. All you have to rely on is company rules (PayPal in this case) or the threat of bad reviews.

@AmpleLilacQuail Indeed. Personally I wouldn't buy anything from China (which Hong Kong effectively is). Glad you were able to avail yourself of PayPal protection.

Overseas websites trading in the UK are required to comply with UK consumer law. It does apply to them. Whilst trading standards can only deal with UK-based sellers, the UK International Consumer Centre provides free support to anyone having trouble with an overseas seller.

Yeah I didn’t know it wasn’t a UK company when I bought! Thank goodness I use PayPal where I can but what a nuisance. I’d just love to know where my leggings ended up.

Hair product has Butylphenyl methylpropional which I think is a band ingredient, bought from an English company. Am I correct in thinking it is illegal ?

@BAJ12 Yes, Butylphenyl Methylpropional is illegal in the UK and has been banned here since December 2022 due to its association with harm to the reproductive system.