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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought curtains from a curtain making company called Ogotobuy.

Resolved Question:

I bought curtains from a curtain making company called Ogotobuy. The curtains have a large mismatched pattern and are not at all blackout. They are offering to replace the black out but not really explaining that they will match the misaligned section. I believe this company is in China and the postage costs will be huge. They are offering $49.99 as compensation. I really don't want the curtains because they are not fit for purpose and the company is not clearly stating if they are going to mathc the pattern.
I have on several emails requested a full refund which they refuse.
I live in London UK what are my rights ?
Thanks in advance
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How did you pay for the curtains?
Customer: replied 1 year ago.

I paid using my Santander Visa Debit card

Expert:  Ben Jones replied 1 year ago.
If the seller was not UK based then you will not be able to enjoy the usual consumer rights you would have received had you bought the item from a business seller in the UK. So legislation like the Sale of Goods Act or the Consumer Rights Act would not apply and you cannot rely on that to state that the curtains are not fit for purpose or of satisfactory quality and reject them for a refund. There is still a potential breach of contract issue here because you did not receive what you had paid for but if the seller is not willing to cooperate then the only way to pursue this would be by suing them for breach of contract and with you being here and them being in China, that will get rather expensive and complex – and a lot more than just paying for return postage to China. So you need to decide whether to accept that you may have to send these back to them and push for a refund or to continue negotiating for some other amicable resolution. Just remember that you cannot quite any laws to them because they would not apply here and that if no resolution is reached all you can do is sue them, which I would not recommend. One final option, which usually would exist with credit cards but still worth checking as some debit cards cover you too, is to see if you have any protection under that. Contact your card provider and explain what has happened, asking them to see if they can raise a dispute or issue a chargeback so you can get your money back. However, that is in the hands of the card company so only they will be able to tell you if you will be covered. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Are you there Ben ?

Expert:  Ben Jones replied 1 year ago.
Answer is above, can you not access it?

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