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Ben Jones
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45327
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I ordered a pair of kaiser blue sandals online, the order

Resolved Question:

I ordered a pair of Peter kaiser blue sandals online, the order has come from Shanghai, they are not blue sandals they are tan and black and I can't get my foot in them. They were ordered from a company called Linteriordesigns.co.uk. but there is no website and no phone number, what do I do?
Submitted: 6 months ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 6 months ago.
I bought a pair of Peter Kaiser Blue Sandals from a company called Linteriordesigns.co.uk. I got confirmation straight away, I have tried to get in touch with the company to no avail, the sandals have come from Shanghai, they are tan and black and far too small, I have the address in Shanghai but I think it is not reputable, what do I do, I paid for them on my credit card but they were under £100 they were £87plus
Customer: replied 6 months ago.
Ben have you got my message
Expert:  Ben Jones replied 6 months ago.

Hi there. Apologies for the delay. How long ago did you buy them?

Customer: replied 6 months ago.
It will be 2 weeks tomorrow that I ordered them
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 6 months ago.
Ok. Thank you
Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience and sorry I could not get back to you earlier, my main work just took over at the last minute.

Just before I can provide my response can you please clarify – did you actually buy them from the site, which now appears to be down? Also how did you pay – was it using a debit or credit card?

Customer: replied 6 months ago.
I bought them through linteriordesiger, I paid for them on my credit card and I paid £71.82, shipping £13:00, non sterling transaction fee of £2:41 which adds up to £87:23 but they charged my credit card with £87:76 and the account was in the name of Oreinverry (I have tried to find any information on this but can't), hope this information is ok. I do have the name of where they came from in Shanghai, Liz Metcalfe. Ps. I am going out now for the afternoon.
Expert:  Ben Jones replied 6 months ago.

Thanks for getting back to me. Whilst usually you would have rights in these circumstances under distance selling laws, they are unlikely to apply here because you did not buy from a UK company. Looking at the website registration information the owner’s details are in Germany so you won’t really be able to rely on UK consumer laws to try and resolve this. Had you bought from a UK retailer then you would have had legal rights to return these shoes for a refund or replacement, but in the circumstances you cannot force them to do this as they would not be covered by UK legislation. So you are going to be relying on their goodwill to accept a return and refund you or issue you with a replacement. However, if they refuse to do so then it would be very difficult to force them to do so or for them to resolve this. If they were in the UK then you could have considered the small claims court to get your money back but they won’t be bound by this so that won’t really be an option. Apart from this, your only other potential cover would have been using the credit card protection service but that only applies to transactions over £100 so again you will not be covered by it. So realistically all you can rely on here is their discretion on accepting a return.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 6 months ago.
Not happy that I can't do anything about the sandals as I had a contract with linteriordesigners.uk.com to supply me with the sandals I ordered and paid for so does that count for nothing, also I do not want to be paying monthly, I thought this was a one off. I await your reply.
Expert:  Ben Jones replied 6 months ago.

I cannot see that you have taken a monthly subscription but you can contact our customer services team on***@******.***. As to your situation, I completely understand that you there is not always a satisfactory solution. Yes you do have a contract and yes that is legally binding but t the same time you have to remember that you are dealing with parties located in a completely different country to you and applying your contractual rights is not going to be easy. It would be prohibitively expensive to try and pursue a breach of contract claim against someone located in China or in Germany so there is the legal position but there is also the realistic position. I is very easy for me to say that you should go and pursue a claim against them for breach of contract and send you away happy, but at the same time I am not here to mislead you and have a duty to be honest. Hope that clarifies?

Expert:  Ben Jones replied 6 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45327
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Fraud Examiner Specialists are ready to help you
Customer: replied 6 months ago.
Hi, sorry I didn't reply yesterday but we were out all day. I note your comments and gather there is nothing I can do, I am furious that retailers can get away with doing this, the sandals are no good to me at all so I am going to see how much it will cost to send them back. Thank you for your help, not the answer I was hoping for. If I had paid by debit card I would have stood a chance but I used to work for Nat. West and thought that the credit card was the best option. I do everything in a hurry but this has taught me a lesson the hard way. Bye
Expert:  Ben Jones replied 6 months ago.

Hi there, thanks for getting back to me. A debit card would not have helped that much because the Consumer Credit Act protection only applies to transactions under credit cards, the issue is that the transaction must be for over £100. There is the option to ask the credit card provider to make a chargeback, basically clawing back the funds, but usually that happens if there has been an unauthorised withdrawal, but try it anyway, you have nothing to lose by asking them to see if it is possible.

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