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Nina Caldera
Nina Caldera,
Category: European Law
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I bought an item online for £417 pounds and it arrived

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Hi. I bought an item online for £417 pounds and it arrived looking a bit different from the pictures and was faulty. I tried resolving the issue and requested the seller to take it back the next day but the seller was able to send me a spare part and asked even after receiving the spare part if I am not happy I can return the item but since the item falls under the health and beauty category and the item was used once the seller denied return and would not refund. I asked my bank to dispute the charge and sent evidence of the conversations and the bank did a chargeback for the entire amount. I received a call from the seller that he will be taking me to court as this goes against the Terms and Conditions mentioned on the website which states "None of our products are provided with any warranty". I am poor on Universal Credit and disabled. I need advice on what to do as I cannot afford legal fees. I need to know can the seller take me to court for this as I have tried to return the item but he would not accept the return.
Nina Caldera

Hello! My name is***** am specialized in international legal advice and today I am going to help you with your inquiry.

Dear client, your case is a bit complicated. I have to investigate several details before giving you an advice. As soon as I have a clear answer, I will be happy to respond to your query.

In the meantime, if you have any other important information to tell me, it would be very helpful.

Thank you for trusting JustAnswer!

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Customer: replied 11 days ago.
It's a bit embarrassing for me but the item I bought was a doll from an online adult shop hence they say you cannot return it due to health and safety. But the item was faulty and of cheaper quality than what I paid for. I can link all the email convos and pictures If that would help.

Dear customer, when buying online you should always take into account the conditions of return or refund. It is true that for this type of products the most advisable is that they can not be returned. If the ad specified this, and you agreed to buy there you must respect the conditions.

Unfortunately, if the seller wishes to take legal action against you, he will be able to do so. My recommendation is that you try to reach an agreement with the seller, either by returning part of the money or if you are still interested in the product I do not believe. But try to negotiate before going to legal action because it can be detrimental to you.

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Customer: replied 11 days ago.
thank you for the reply. since I am on benefits would I be eligible for a free solicitor to take on my case or would I need to pay on this occasion? Thanks

Yes, dear client, you may opt for a court-appointed attorney to help you with your case. To receive free legal assistance you must go to the Official Public Defender's Offices before the Federal Courts of First Instance of the jurisdiction of your domicile.

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Customer: replied 11 days ago.
thanks. is there anyone I can call who can help me negotiate with the seller? every time he calls he keeps mentioning Distance Selling Regulations which I am unable to understand what this is and many other jargons.

Dear client, ideally, you should be able to call the lawyer who will guide your case once you have already assigned him/her to your case. However, this platform offers the call service and any of our experts will be able to help you with this.

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Customer: replied 11 days ago.
how much would you charge to negotiate with the seller after I have sent you all the evidence and what would it cost me in total? Thanks

Dear customer, unfortunately we are not authorized to legally represent clients or handle any personal information. To do so, you will need to hire a lawyer or request a court-appointed one.

Lawyers' fees are very variable, some work by the hour and others by completed cases so I would not be able to tell you a price.

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Customer: replied 11 days ago.
thanks for your help

I hope this information has been useful to you. If you have any other questions feel free to contact me and I will be happy to help you.

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