Consumer issues with online purchase in Germany

homewardbound11

Hi ,
I recently purchased a hydraulic pump online from a company in Germany .

- the company confirmed the part was corrrect that I specified . I asked if it was the correct part for my machine and the confirmed . The part was shipped and received . I opened the box and removed the plugs on the pump ready to fit . Plugs are on the inlet and outlet of the pump and keep shipping oil in .
- I found when removing the old pump that it was slightly different and contacted the company straight away . I confirmed I had not installed the pump at that time and asked what should be done. They asked for a return and would ship the correct part .
- I received and email yesterday that they inspected the pump and it was damaged with metal filings and I used the pump . They confirmed they would not accept it and would not ship a replacement . This was untrue as the pump was never fitted or connected to anything .
- several email have passed now and they say I fitted this pump and damaged it . i could not have used this pump as it was not compatible . I did remove the plugs on the pump to make it ready to fit . But they say I have damaged it
- after some email correspondence and telephone calls where they hung up the phone or refused to answer . They will return the pump that they say is damaged .

I am so angry as I have done nothing wrong . I did not fit it to anything . I did remove plugs to fit it but was unable to do so . I did as they asked and now all evidence is with them to do what they want .

Where can I pursue this further in Europe . I feel I have nothing to go on other than emails .

L1011

Did you actually buy this as a consumer? Consumer protections do not apply to B2B transactions.

The European Small Claims Procedure is your next step if under 2k - http://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html

homewardbound11

Hi ,
I recently purchased a hydraulic pump online from a company in Germany .

- the company confirmed the part was corrrect that I specified . I asked if it was the correct part for my machine and the confirmed . The part was shipped and received . I opened the box and removed the plugs on the pump ready to fit . Plugs are on the inlet and outlet of the pump and keep shipping oil in .
- I found when removing the old pump that it was slightly different and contacted the company straight away . I confirmed I had not installed the pump at that time and asked what should be done. They asked for a return and would ship the correct part .
- I received and email yesterday that they inspected the pump and it was damaged with metal filings and I used the pump . They confirmed they would not accept it and would not ship a replacement . This was untrue as the pump was never fitted or connected to anything .
- several email have passed now and they say I fitted this pump and damaged it . i could not have used this pump as it was not compatible . I did remove the plugs on the pump to make it ready to fit . But they say I have damaged it
- after some email correspondence and telephone calls where they hung up the phone or refused to answer . They will return the pump that they say is damaged .

I am so angry as I have done nothing wrong . I did not fit it to anything . I did remove plugs to fit it but was unable to do so . I did as they asked and now all evidence is with them to do what they want .

Where can I pursue this further in Europe . I feel I have nothing to go on other than emails .

L1011

Merged threads in to the one with the non-autocorrect destroyed titled.

homewardbound11

Apologies , I had to start the thread again as predictive test corrrected the original thread .so it looked poor .

L1011 wrote: »

Did you actually buy this as a consumer? Consumer protections do not apply to B2B transactions.

The European Small Claims Procedure is your next step if under 2k - http://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html

Spocker

The European Consumer Centre might be able to help you with this, give them a call http://www.eccireland.ie/

homewardbound11

Thanks for the update info .

What are my chances . Foolishly I returned the item in good faith and they have all evidence in their hands . I have only my emails and the fact the part was incorrect .
Apart from that the only proof or wording are in my emails . To confirm the part I think is incorrect and it was not fitted.
Would I have a chance and what other legal costs would I have in addition to translation fees and 25 Euro .
The part was 250 Euro including shipping costs .

dudara

Again, did you buy this as a consumer (private individual) or as a business or for business use?

The response you get will be different depending on the case.

homewardbound11

dudara wrote: »

Again, did you buy this as a consumer (private individual) or as a business or for business use?

The response you get will be different depending on the case.

Hi apologies for the late reply . I bought this as a private individual on their website and via email .

Joseph

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

magentis

Can you not send them pictures of the old pump and the machine you planned on installing it in to prove that the new pump was the wrong part?And point out to them that you can get an engineer to confirm this is the case?

homewardbound11

Thanks agin
They are in correspondence via email and are very exact in saying I used the pump and it is damaged . They say they only take back new pumps and won't accept it as it is now used .

The frustration t is so maddening as I know I have been taken for a mug with these people in Germany . I have done nothing wrong and am hiding nothing here.
. I received their pictures of the pump this after noon . There was no oil on it or any evidence of it being installed on my tractor . Believe me if it was on my tractor it would have had oil on it as it connects directly to the engine through a gear shaft. It would be in direct contact with oil .

They showed close ups of scratches near the inlet and outlet parts . The only thing I did was remove the plastic plugs by hand to check these threads. As it was unused I didn't pay attention to its condition but repackaged it .
and in hind sight I should have taken photos on receipt of the item and also on return .

I think what has happened is they shipped a part that may have had a poor life in storage and on receipt would not accept it . Blaming the buyer firstly .

I am currently going through the eu pages of the link sent earlier . To raise a case is straight forward but I don't understand what I am actually getting into so. I'll have to take time to read it .
I am sure if I have a case it will be on the grounds of an incorrect part shipped and failure to provide a refund or replacement .

magentis

If you paid by credit card you may be able to get a charge back if you contact your bank.It sounds like they are being dishonest regarding its return.

GreenFolder2

You should get onto the European Consumer Centre ... They will put you in touch with a similar centre in Germany.

L1011

homewardbound11 wrote: »

Hi apologies for the late reply . I bought this as a private individual on their website and via email .

Are you using the tractor as a private individual, though? Did you pay VAT on the transaction?

I have a strong suspicion this will not be considered a consumer transaction.

homewardbound11

GreenFolder2 wrote: »

You should get onto the European Consumer Centre ... They will put you in touch with a similar centre in Germany.

Yes did that and informed the trader in Germany .
Was moving through the proces and the trader finally opted to replace the pump . They accepted no liability. Amicable resolution and many thanks to all here . I appreciate all comments , it really helped .,