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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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Hi. We are based in Southern Ireland which is outside of

Resolved Question:

Hi.
We are based in Southern Ireland which is outside of UK. I recently sold an item to a customer in Scotland over the phone. I had previously quoted him a price inc. shipping in Sterling but then processed his card in Euro. a couple of days later he contact me saying he wanted to cancel the order due to the fact that he was charged a further £11.24 cross border transaction fee by his card company.
He then said he would open a dispute with his card company and wanted us to arrange collection of the goods with 14 days or he would dispose of them.
Where do we stand? is he being unreasonable???
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The answer to this question depends on whether the additional charge was caused by processing the transaction in the Euros, or whether it was the card company making a charge because the purchase was made from Southern Ireland.
If the former is the case, and you did not tell the customer that you were going to process the transaction in the Euros and the charge was incurred as a result, you are in breach of contract and the customer is entitled to cancel the order as you didn'tcharge in accordance with the agreement.
Alternatively, if this is a matter between him and his credit card company arising from his use of the card, he has no recourse against you.
I hope this helps. Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Yes I believe that this is just an extra charge than cannot be avoided. As a good will gesture I refunded the card charge, but he is still insiting on returning the item.
Do we have to cover the cost of returning the item, as I assumed this was his responsibilty under distance selling act 2000.?
If refunding him do you suffer the loss of the initial delivery charge?
Can you please investigate the finer details of this as we need to make a decision on this tomorrow.
Thanks.
Expert:  JGM replied 2 years ago.
He can't argue about the extra charge if you refunded it so unless the item is faulty he can only return it under distance selling rules. In the UK this is no longer under the distance selling legislation to which you refer.
See here: http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
The seller would have to bear the original and return delivery charges under UK law. If your contract with the customer is under the law of Eire then your laws will apply.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for your help. Have left you feedback.
Finally, the fact that we are in Southern Ireland and he in Scotland are we both under the same distance selling rules?
From what you say it appears he is being totally unreasonable and really doesnt apoear to have grounds for a refund.
Thanks again
Expert:  JGM replied 2 years ago.
If Eire has implemented the same EU directive, then it should be the same as the law in Scotland.
I agree with your view. He has no grounds for a refund unless he is within the regulations which is 14 days.
Thanks for your rating.