Legal advice on a faulty purchase from the EU

Discussion in 'Legal' started by mangoprint, Mar 7, 2018.

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  1. mangoprint

    mangoprint UKBF Regular Full Member

    441 49
    Hi all,

    I’m after some legal advice on how to proceed with a European transaction/return.

    I basically purchased a specialist piece of printing equipment from a company in Bulgaria called It’s similar to a laminator and basically enables you to spot foil printed sheets. I transferred a £2800 deposit for this machine (60%) of total payment with the remainder to be paid on receipt.

    I purchased it from Bulgaria because not many places in the UK sell this particular machine and those that do are a lot more expensive. The machine is actually Japanese.

    Anyhow, when the machine arrived it had a cracked cover and a few scratches. I informed the company of the cracked cover for a replacement but not the scratches which in hindsight I wish I did now.

    Anyhow the machine had a feed fault which made it unusable. The guys from the company I purchased said that they may be able to fly over to take a look at the fault.

    Anyhow after nearly a week and no given date for the visit I was forced to buy an alternative machine from the UK as I had a backlog of work that needed to be done and no reliable machine to process it on.

    The alternative machine purchased was twice as expensive as it’s more industrial.

    I explained to the Bulgarian company that due to time constraints and not letting customers down, I will be making a purchase elsewhere and asked to return it for a refund. We were still within the first 30 days after all.

    The company were adamant that they wanted to visit even though I was forced to purchase elsewhere to show me that they could fix the machine. I said that you are more than welcome to visit but I will be returning the machine as the time to visit/rectify the situation was still not clear and a week had passed.

    Anyhow they then said they had a conference in Germany the following week and that they would then fly over immediately after to resolve the situation despite my emphasis on a return.

    A week later the guy told me he had the flu and had to cancel the visit. I could then not get hold of him for over a week by phone or email.

    Then finally they called me and accepted the return request without visiting.

    I repackaged the machine and sent it back via DPD.

    They have now sent me pictures of the machine in the box with the packaging removed and highlighting scratches and a supposed bent roller bar which had come loose in the return shipment. The cracked plastic case that had been delivered had now also come apart.

    There is no visible damage to the roller bar In the pictures. Besides, even if this is true, maybe it was already bent hence why it had the feed issue in the first place!

    After the return and pictures (Tuesday), they asked if it is possible to put a claim in with DPD (no visible damage to the box so not sure how they expect me to do this) and that they would refund the money the following Monday after the bank holiday Friday/weekend and that the delay would also be because they want to wait for a new tax year - March.

    Also, that the office would be closed the few days prior to bank holiday due to snow.

    On the following Sunday I text them and said please don’t forget the refund in which case they replied “I told you Monday is a bank holiday, I will call Tuesday” with no mention or guarantee of the refund.

    Out of frustration, I then left them a negative review on Trust Pilot to try and get things moving and to emphasise my frustration (it had now been 6 weeks since delivery).

    They have now sent me an email saying that they are refunding minus €780 due to the scratches/damage on return shipment and that the machine was not faulty.

    Please see below video of the fault, which is the sole reason for the return to begin with.

    I’ve noticed they have relisted the machine on their website with a reduction of €567 euros here:

    It feels like they are taking my money to repair a machine that was already faulty on arrival. Maybe they’ve had it in stock a couple of years and can’t return it to Uchida, so they want me to pay for it!

    What is my best approach here to try and get the €780 returned? Is there a solicitor on here that can help me?

    Many thanks in advance.

    Posted: Mar 7, 2018 By: mangoprint Member since: Dec 17, 2008
  2. The Byre

    The Byre UKBF Ace Free Member

    8,070 3,137
    (OK, not a lawyer, but somebody who deals with foreign courts and foreign suppliers on a regular basis.)

    The conditions of sale will state which is the jurisdiction of the sale and that is almost invariably the country of origin, in this case Bulgaria. That means you have to commission a lawyer in Bulgaria and be able to prove to a Bulgarian court that the defendant company owe you €780.

    We have a German subsidiary and people on the ground in Germany and a German lawyer with whom we have been working since 1979 - and on top of that, I (or somebody else for me) am regularly in Germany, so we are very happy to deal with Germany. Bulgaria? Nah! Too far away, too many problems, so not even for something costing £50, never mind a couple of thousand!

    Now China is a different kettle-of-fish. They are (usually) much, much cheaper than here, they know what they are doing and you can get umpteen references for the various manufacturers. I often buy stuff from China and so far, every deal has been a good one! (Fingers crossed!)

    But Bulgaria?

    (Not very helpful, I know - but it looks to me as if you are €780 out of pocket.)
    Posted: Mar 7, 2018 By: The Byre Member since: Aug 13, 2013
  3. mangoprint

    mangoprint UKBF Regular Full Member

    441 49
    ah that's a shame. I was hoping that more could be done, being that they are in the EU! Ah well, buying from Bulgaria was a gamble. Sometimes you win, sometimes you lose :(
    Posted: Mar 7, 2018 By: mangoprint Member since: Dec 17, 2008
  4. The Byre

    The Byre UKBF Ace Free Member

    8,070 3,137
    Posted: Mar 7, 2018 By: The Byre Member since: Aug 13, 2013
  5. mangoprint

    mangoprint UKBF Regular Full Member

    441 49
    Great news, I shall fill it in! Thank you very much.
    Posted: Mar 7, 2018 By: mangoprint Member since: Dec 17, 2008
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