Overseas purchases
What should you do if you have a problem with goods bought overseas? Read on to find out about the legal situation, who can help, and what you should do next.
Generally, when making a cross-border complaint, you should first complain to the person you bought from.
If you are still not happy after complaining to the trader, contact Consumer Direct for advice. Alternatively, there may be a trade association or other body you can turn to for help. Some trade associations have codes of practice, which act as a guide as to whether traders have broken the association's rules.
You can seek the advice of a solicitor. Some solicitors work in law centres or advice agencies which offer free advice. Other solicitors offer a low-cost initial interview - your local Citizens Advice Bureau can help find one. There is also the option of going to court.
Suing a supplier based overseas can be difficult, expensive and take a lot of time. It might not be clear from a website where in the world a supplier is based. Also, the contract may be governed by the laws of the country from where the goods were supplied rather than bought, or even by the laws of some third country.
Legal action can include having to start court proceedings in the supplier's country. And even if these proceedings can be started in the UK, it may still be necessary to enforce a judgement given by a UK court in the other country. In either case, you may be unlikely to recover all your legal costs from the supplier.
Where would I sue?
You should get legal advice on whether you can sue in the UK courts or will have to sue the supplier in their home country.
Whose law applies?
If, for example, a consumer in England buys goods on the internet from a French supplier, English law may still apply, unless another choice of law is expressed this should be in the terms and conditions of the contract (usually by a clause in the contract itself). Even if the contract does say that a particular country's law will apply, you may still have some normal statutory rights under UK law. You should get legal advice on whose law would apply in your particular case.
Problems with online purchases
See also Online shopping - Problems with overseas sellers if you bought the goods online.
