consumer rights !!!

[nineking]

hi does any one know what the limitations and rights one has when purchasing products abroad especially the from the United States. I once ordered a dvd from an American outlet off Ebay but it never arrived after over 2 months and i was reimbursed. I want to purchase a very rare cd from the U.S. but the company issued a statement to the effect of:

We are not responsible for lost or damaged international orders. Please be sure of your local customs laws as we are not responsible for packages detained by your local Customs officials. We are also not responsible for any additional customs fees assessed.

How do we know what items can be confiscated, seized or any extra levied or taxed upon? Please help!!

[Catso]

Seems like a standard disclaimer.

As regards customs, unless your CD is of dodgy/banned material (EG XXXX rated), it is very unlikely to be confiscated. It may be subject to import taxes and VAT. I believe the threshold for these is �18 - or it used to be. If the declared value is below this, it won't be taxed. If above, you'll have to pay in order to receive it. Typically, the extra costs amount to about 20% of the declared value.

As regards loss, I have some sympathy for the company's stance; it isn't their fault if the carrier loses it. For valuable goods, can you not get them shipped with insurance? And/or use a tracked delivery service?

[Catso]

Oh, and I'd say that the rights you have are those you'd have in the country you're purchasing in. IE you'd be covered by and subject to US consumer laws.

[Buenchico]

(2-part post):

Although your question relates specifically to purchases from the USA, I'll try to provide a complete answer by explaining the differences which appy to EU and non-EU countries:

When purchasing goods from within the EU, you have the same rights as when purchasing from UK suppliers. (However, enforcing those rights might prove to be more difficult when dealing with overseas suppliers).

Most items, purchased from within the EU, don't attract Import Duty or VAT when they're imported into the UK.

Items purchased from countries outside of the EU are subject to the consumer protection laws for the country where the vendor is located. (Once again, potential purchasers need to consider the problems which might arise in seeking to enforce those rights).

Imports from outside of the EU are subject to Import Duty and/or VAT. However, Import Duty is waived if the amount payable would be under �7. VAT is waived if the value of the goods is under �18.

[Buenchico]

The rate of Import Duty varies for different types of goods but, if you're purchasing CDs from outside of the EU, the following will apply:

Value of purchase up to �17.99: Nothing to pay.

Value of purchase from �18.00 to �199.99: Duty is waived but the postman will collect VAT from you, calculated at 17.5% of the purchase price. He will also demand a further �8 as a Customs Inspection Fee.

Value of purchase �200 and over: 3.5% Import Duty is charged and then 17.5% VAT is charged on the total. This means that the postman will demand a fee of 21.61% of the purchase price plus an additional �8 Customs Inspection Fee.

The statement you refer to in your question is, as Catso suggests, just a standard disclaimer. The company may receive orders from countries where the postal system is unreliable or where, for example, customs officials confiscate 'non-Islamic' goods. It would be unreasonable to expect the vendor to be responsible for these problems. Similarly, every country has its own rules about import duties and sales taxes. Once again, the company can't be expected to pay the charges imposed by foreign governments.

Chris

[nineking]

thankyou!! if a person is buying a cd from a seller on ebay residing in the US will he have to some how provide or make visible documentation to indicate how much was paid for the item. Assuming the customs officers are going to open the pakage if not are the customs officers going to use their own discretion on the value of the cd?

[Buenchico]

Thanks for the acknowledgement.

I think that I've given the 'official' answer to your question with your other post. I'll just add that, in my opinion, the only 'safe' way to avoid the imposition of charges by HMRC would be to persuade the vendor to state the 'value' of the rare CD as the original purchase price rather than the figure which you've paid for it. Obviously, this isn't legal but (unless the person inspecting the package happens to recognise the rarity of the CD) it would achieve your aim.

Chris