Buying an item from an EU country - Protected under Irish laws?

Mario95

So using ebay, I bought a phone from Italy, I discovered that the screen had an area of higher brightness. I took some pictures of the screen and wrote to the guy who sold it, requesting a replacement. The person selling it has no intention of refunding me the shipping costs.

It turns out that in Italy, their implementation of the 1999/44/EC directive does not protect buyers from paying return shipping costs. Considering that the phone was very cheap, the return postage costs a lot compared to phone's price, and I would like to avoid paying it.

To the question: Am I under the protection the of Irish "S.I. No. 11/2003 - European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003" or the Italian "DECRETO LEGISLATIVO 2 febbraio 2002, n.24 Attuazione della direttiva 1999/44/CE su taluni aspetti della vendita e delle garanzie di consumo"?

The box in which the phone arrived was opened and contained a note of what seems to be a return number. This could imply that I have revived a used/returned phone.

What I should do in this situation?

delahuntv

your contract is in the country of supply of the goods - in this case Italy.

Mario95

delahuntv wrote: »

your contract is in the country of supply of the goods - in this case Italy.

Thank you for the reply.

The citizensinformation website says:
If you purchase goods or services from another EU Member State and they were advertised in your country, you are protected under consumer law of your home country.

Can anyone tell me in which case this applies and why this doesn't work for ebay.

dudara

Another question - was this a private sale between two individuals? Or does the seller operate as a trader?

Mario95

dudara wrote: »

Another question - was this a private sale between two individuals? Or does the seller operate as a trader?

His ebay profile says that he is registered as a business seller.

delahuntv

Mario95 wrote: »

Thank you for the reply.

The citizensinformation website says:
If you purchase goods or services from another EU Member State and they were advertised in your country, you are protected under consumer law of your home country.

Can anyone tell me in which case this applies and why this doesn't work for ebay.

You would have to show they were advertised here - I don't think an ebay listing would classify as advertising to a specific market.

slimjimmc

delahuntv wrote: »

You would have to show they were advertised here - I don't think an ebay listing would classify as advertising to a specific market.

It appears the ECJ has previously ruled that it is not necessary for the seller to aim an advertisement at a particular market in order for a consumer to take a case.
http://www.mondaq.com/x/276052/Consumer+Law/Court+of+Justice+of+European+Union+Rules+on+Jurisdiction+for+Disputes+Relating+to+Crossborder+Consumer+Contracts

OP, if you can't agree with the seller you may go through the European Small Claims Court procedure and you may win an enforcement order. The ruling will be enforced by the other state in accordance with their law.

The court will cost you €25 which you can't claim back. An Post will ship a package to Italy by Express Post International for much less than that. Is it worth the hassle?

delahuntv

why not return it without the battery and for the seller to send replacement without the battery.

This then would allow you send it back by normal post at a cost of about €3.60 (large envelope rate)

Make sure you show that there is no battery to the psot office clerk so that it can be posted.

Lux23

If you buy anything from another EU country you are covered by the Consumer Rights Directive. See more information here. http://www.consumerhelp.ie/your-rights-online

Although this isn't easily enforced using sites like eBay and Etsy.

Mario95

Thanks for all these replies! It does help a lot knowing what I am dealing with.

Update:
After giving him a negative feedback saying "DO NOT BUY SCAMMER! Sent damaged phone and wants me to pay for return BAD SELLER" (by ebay rules this is an acceptable feedback), he sent me a message which is basically blackmail "we are sorry but we saw your feedback and we can not help you until the feedback will be not delete.".

Later he offered me 20 euro partial refund (less than half of what I suggested before), threatening me that if I don't accept it and remove my negative feedback, he will take legal actions against me. "This is our last offer. After this our legal team will start a report again your public feedback on ebay.".

I am afraid that if I don't accept his offer, he will sue me, and I will have to spend a lot on legal expenses.
Can he do that? What do you do in my place?

L1011

Its very likely he is his "legal team", as well as CEO, CTO, CFO and bottle washer - most of the incompetent ebay sellers are single person operations.

Open a dispute with Paypal for defective goods, they're unlikely to accept any refusal to refund postage.