Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi there. Apologies for the delay. How long ago did you buy them?
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.
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?
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
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?
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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.