In dispute with hong kong company

GismoBaby

I bought a dress worth over €100 from a company i thought was in paris but when it landed it came from hong kong.

ok so dress doesnt suit me told them i wanted to return it 2 days after receiving it and they are refusing to accept it and refund me my money. I am still within the 7 days, they run out friday

I have kinda stood my ground based on the EU 7 day cooling off period which they insinuated they allow you on there website: this is taken from there terms and conditions
ARTICLE 8 : RETURN POLICY

You have 7 days after the goods are received to return the product you received, once it is approved by our Return Merchandise Department.
Please kindly request a Returns Authorisation Number before returning any items.

The goods must be returned to us in the condition they were dispatched, complete with all packaging and in a re-saleable state. The goods remain YOUR responsibility until they are received and signed for by us. A refund will be provided within 30 days of cancellation.
We also strongly recommend that returned goods are sent by special delivery with the appropriate insurance cover as they will only be deemed returned when signed for by us.
Please ensure the product is returned to us with all the original packaging. When we receive the item we will issue you with a refund or if you prefer we can offer an exchange.

- Tailor made articles, in terms of size and color, are not subjected to exchange or refund (except from our mistakes).
- In case of refund, delivery charges will be deducted from the total refundable amount.
- In case of exchange, an extra fee of 20 € for the supplementary delivery charge per article will be applied.
- A return including TWO or more items will be subject to a THIRTY PERCENT (30%) restocking fee on each item at retail value.

they replied to my first 2 emails and yesterday i heard nothing from them.

has anyone successfully received a refund from a hong kong company based on the 7 day thing or any ideas on what i should do next? im fully aware how to deal with companies in the EU but im at a loss since this company is based in hong kong!

jor el

There's nothing you can do here. EU law has no basis in Hong Kong, and if the company is refusing your refund, then you're not going to get one.

GismoBaby

jor el wrote: »

There's nothing you can do here. EU law has no basis in Hong Kong, and if the company is refusing your refund, then you're not going to get one.

Are you basing this on experience or off the top of your head? Im fully aware that EU law has no basis in hong kong but I was unaware that the company was based in Hong kong as all emails etc are coming with a paris address

Nody

GismoBaby wrote: »

Are you basing this on experience or off the top of your head? Im fully aware that EU law has no basis in hong kong but I was unaware that the company was based in Hong kong as all emails etc are coming with a paris address

You can probably win a case in court abuot it but you'll have no way to enforce it as the legal entity is in HK.

GismoBaby

Nody wrote: »

You can probably win a case in court abuot it but you'll have no way to enforce it as the legal entity is in HK.

dont want to go to court for the sake of 100e just raging about it! especially when they say you have the 7 days to return the dress.

jor el

GismoBaby wrote: »

I was unaware that the company was based in Hong kong as all emails etc are coming with a paris address

Doesn't matter if you knew it or not.. If the company refuses to accept a return, and refuses your refund, there is nothing you can do about it.

Even if you could take a small claims case, which I would say is doubtful since the company is based in HK and the court is unlikely to even accept your application, the court would be powerless too, as pointed out.

All you can do in this case is to go with whatever is in their terms. You missed the most important part of that in your quote on posts #1:
Fanny Crown reserves the right to refuse return of a product, to invoice additional fee on missing parts, and any repairing fees on all products returned.

As such, there's nothing you can do here.

Edit; the terms also state
ARTICLE 9 : DISPUTES

Any dispute relating in any way to your visit to Fanny Crown or to products you purchase through Fanny Crown shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate Fanny Crown intellectual property rights, Fanny Crown may seek injunctive or other appropriate relief.

Fanny Crown is based in Hong Kong UNIT 04 7/F, BRIGHT WAY TOWER, 33 MONG KOK RD, KL, Hong Kong. These Terms shall be governed by and construed in accordance with the laws of Hong Kong and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.

Qiqi88

Hi People!

Unfortunately I´ve fallen in to the same trap as you. I bought a dress at fanny crown as well. Actually I tried to cancel the order just 2 days after order confirmation. But they didn´t answer when the order was processing. They first answered when the order was shipped. Then I thought I could return as soon as I received the package.
It says on their webpage that it is easy to return - one can just request for a so-called "Return Number".

But when I requested for this number, they tell me that I am not entitled to return. I think they deliberately try to cheat their customers. All the emails and their information on the webside, including their Facebook indicates that they are located in France, and then people should believe they are entitled to withdraw from the contract and return the product within 7 days according to the EU-directive regarding E-commerce.
However they told me that they are based in Hong Kong and that any disputes are to settled by arbitration and that one submit to Hong Kong court.

I know that if one is a consumer, the case cannot be submitted to arbitration as their arbitration clause is not valid and legal. They cannot pre-contract arbitration before the potential dispute.

I hope future possible buyers will read this and be aware of that fanny crown is not trustworthy and that one shall be very careful with them!

Kind regards,

Qiqi88

Hi again people!

I forgot to ask if you also payed for the dress through PayPal? If so - you can request for a claim through PayPal who can probably help you get the money back or we can maybe contact paypal together as being aggrieved consumers. If the Fanny Crown store can be blacklisted by PayPal they will lose a lot of customers. I never purchased anything at Fanny Crown before the above mentioned dress and I only thought it was safe because they had PayPal as their payment method.
Right now PayPal has helped me to raise a claim and is has been escalated to a dispute.

Hope to hear from you

Kind regards,