Order lost during shipping, Gearbest wants to refund 50% only! Isn't this illegal?!

genkai211 · 2018-08-22T20:00:44.000Z

I have ordered a Roborock S50 for 474.5$, paid the order 2018-06-23 01:00:06 , the item got shipped at Jun 26, 2018 12:23:39

Opened a ticket at 7th July as the item didnt arrive within the promised timeframe. After shitload of messages of Gearbest trying to avoid doing anything, telling bunch of lies, we came to a point when they recognized, the item is truly lost and they told me their solution which is either that I buy another one for 230$ and not get any money back, or just get back 230$ and they keep 50+% of my money, just cause why not. Also they are not responding to any of my messages since their offer within the ticket.

What I have found online is the following:

Missing deliveryIf you don’t receive the goods within 30 days, or within the mutually agreed period, you must remind the trader giving an additional, reasonable time limit to deliver. For example, if the trader has informed you that delivery is delayed by a week because of problems with his suppliers you should consider giving him an extra week.

If the trader still does not deliver within the extended deadline you’re entitled to terminate the contract and be reimbursed as soon as possible. You do not have to give the trader an extension if he refuses to deliver or when an agreed delivery period is essential, for example, if the goods in question are needed for a specific event, for example a wedding dress.

References:r/Shipping and delivery - Your Europe

Any recommendations before proceeding to the court with the case?

sp5it · 2018-08-22T20:25:44.000Z

2 options.

They sent it by railway to Germany, than to you. Parcel is on a train between China and Germany.
They will repack it in Germany. It gonna take more than 2 months.
It was stolen by DHL. Full refund.
Mike

ChrisGarrett · 2018-08-22T20:26:34.000Z

First post on BLF. check

Post bitching about GearBest. check

Spends $456 with GearBest. check

Doesn’t receive package. check

Only offered 1/2 his money back. check

Popcorn and beer. check

Am I misstating anything?

Chris

vt2nv · 2018-08-22T20:27:34.000Z

Here’s what I did when Minolta screwed me in a similar fashion. I have learned that fear is a powerful motivator. Do what you’re doing. Trash GB anywhere and everywhere you can, including the name of the contact person. CC GB at every step. Go rambo on them. Then, once you’ve shared your tale of woe, send them a personal email informing them that you will never, ever go away. That you will be there forever, and that you will end up costing them more in sales than that will be so much more than what they’ve screwed you out of. Then do what you said you’d do. Tell then that it will be your your mission in life to hurt their bottom line.

All of this will be a bunch of work for you, but when they start believing that you’re serious, and that you really never go away, they’ll cut you a check just to make you go away. Persistence is the key. Stick to your guns.

To them, trashing their reputation is much more effective and threatening than attempting to scare them with legal action.

Trust me. I’m a New Your Jew and I know how to play this game. Always remember, fear is the most powerful motivator. Fear circumvents the brain’s logical, thought processing regions. Fear goes directly to the brain-stem.

Having said that, if you’ve entered into a transaction where GB doesn’t assume responsibility for delivery, then you’re screwed.

However this plays out, good luck.

lexvegas · 2018-08-22T20:28:06.000Z

I’d personally just initiate a chargeback with my CC at this point.

BrySig228 · 2018-08-22T20:32:58.000Z

dispute with whatever credit card you used.

Enderman · 2018-08-22T20:46:48.000Z

You’ll probably get it in a few more weeks or months.
Shipping can sometimes be very slow.
It’s unlikely that it got lost, especially something that size.

jch10400 · 2018-08-22T20:48:54.000Z

ChrisGarrett:

First post on BLF. check

Post bitching about GearBest. check

Spends $456 with GearBest. check

Doesn’t receive package. check

Only offered 1/2 his money back. check

Popcorn and beer. check

Am I misstating anything?

Chris

Order was for a vacuum cleaner, but complaint was posted to a flashlight forum. check

This topic will be the only time we hear from the poster. Predicted check.

Lightbringer · 2018-08-22T21:10:16.000Z

vt2nv · 2018-08-22T21:12:07.000Z

Where’s the fun in that?

lexvegas:

I’d personally just initiate a chargeback with my CC at this point.

ChrisGarrett · 2018-08-22T21:22:15.000Z

jch10400:

Order was for a vacuum cleaner, but complaint was posted to a flashlight forum. check

This topic will be the only time we hear from the poster. Predicted check.

Yep.

I moderate the digital boards over on AudioAsylum and we had the same thing happen last month.

A fellow had just signed up to bitch because he bought a DAC that was hiccuping with his digital transport (a not uncommon quirk.) Somebody noticed it was his first post and surmised that he might have given the service rep a hard time and they told him to FOAD, not sending him a new unit ASAP.

Well, this fellow flipped a gasket and wanted me to permanently ban the long time member for his ‘calling out post,’ which frankly, was benign and we all thought the same thing.

I told the guy I wasn’t going to do anything and the company is well regarded and has good C.S…

Last words from him were: ‘I’m deleting my account and kiss my ass!’ LOL

I’m always leery of first posts.

Chris

RobertB · 2018-08-22T22:13:06.000Z

genkai211:

If the trader still does not deliver within the extended deadline you’re entitled to terminate the contract and be reimbursed as soon as possible. You do not have to give the trader an extension if he refuses to deliver or when an agreed delivery period is essential, for example, if the goods in question are needed for a specific event, for example a wedding dress.

References:r/https://europa.eu/youreurope/citizens/consumers/shopping/shipping-delive…

Any recommendations before proceeding to the court with the case?

Too bad for OP that China doesn’t give two sh.ts about Euro law. They’ll give the Euro court case the middle finger

gravelmonkey · 2018-08-22T23:05:53.000Z

Im just surprised there are people out there who actually buy robo-vacuum cleaners!

ChrisGarrett:

jch10400:

Order was for a vacuum cleaner, but complaint was posted to a flashlight forum. check

This topic will be the only time we hear from the poster. Predicted check.

Yep.

I moderate the digital boards over on AudioAsylum and we had the same thing happen last month.

A fellow had just signed up to bitch because he bought a DAC that was hiccuping with his digital transport (a not uncommon quirk.) Somebody noticed it was his first post and surmised that he might have given the service rep a hard time and they told him to FOAD, not sending him a new unit ASAP.

Well, this fellow flipped a gasket and wanted me to permanently ban the long time member for his ‘calling out post,’ which frankly, was benign and we all thought the same thing.

I told the guy I wasn’t going to do anything and the company is well regarded and has good C.S…

Last words from him were: ‘I’m deleting my account and kiss my ass!’ LOL

I’m always leery of first posts.

Chris

As someone looking at getting a DAC or DAP, is this not a valid complaint? I’m not sure what hiccuping exactly means, skipping music? If I dropped $400 on some audio gear, I’d expect it to work damn well. Likewise I wouldn’t expect a $400 flashlight to flicker because of crappy battery contacts……

BlancoFire · 2018-08-22T23:15:27.000Z

Or you could move on, flashlight battles? Not high on my list, as Chinese have been hustling far longer than anyone from NY.

ChrisGarrett · 2018-08-22T23:45:18.000Z

gravelmonkey:

Im just surprised there are people out there who actually buy robo-vacuum cleaners.

As someone looking at getting a DAC or DAP, is this not a valid complaint? I’m not sure what hiccuping exactly means, skipping music? If I dropped $400 on some audio gear, I’d expect it to work damn well. Likewise I wouldn’t expect a $400 flashlight to flicker because of crappy battery contacts……

He wasn’t a member at all. He bought something without consulting the community. It wasn’t working to his satisfaction and he complained, with little satisfaction (entirely his POV.) He then signs up to the site for the sole purpose of bitching about the company.

If I was not a member here and bought a light that didn’t work to my expectation, I’d doubt that I’d complain in my first post on this board and certainly not about something entirely not related to the forum’s subject focus, like OP. here

Take care of you business, on your own, I guess?

Chris

RobertB · 2018-08-23T00:59:50.000Z

OP doesn’t care about flashlights, he just wants his complaint to be high up on the google search results with GB complaints. If I were sb, I’d delete the thread, and his single post account.

BlueSwordM · 2018-08-23T01:05:28.000Z

And he hasn’t responded yet. If I had this type of issue, I would respond to the thread almost instantly.

jch10400 · 2018-08-23T01:27:46.000Z

RobertB:

genkai211:

If the trader still does not deliver within the extended deadline you’re entitled to terminate the contract and be reimbursed as soon as possible. You do not have to give the trader an extension if he refuses to deliver or when an agreed delivery period is essential, for example, if the goods in question are needed for a specific event, for example a wedding dress.

References:r/https://europa.eu/youreurope/citizens/consumers/shopping/shipping-delive…

Any recommendations before proceeding to the court with the case?

Too bad for OP that China doesn’t give two sh.ts about Euro law. They’ll give the Euro court case the middle finger

From the reference link the OP gave in their first post:

“Buying from non-EU online traders
Your consumer rights under EU rules normally also apply to purchases from non-EU online traders targeting consumers in the EU. However, you may have difficulties in asserting your rights with traders based outside the EU.

It’s always good to check where the trader is registered. An internet address ending “.eu”, “.ie”, or “.co.uk”, etc. does NOT guarantee that the trader is based – and registered – in the EU.”

gravelmonkey · 2018-08-23T01:43:31.000Z

ChrisGarrett:

gravelmonkey:

Im just surprised there are people out there who actually buy robo-vacuum cleaners.

As someone looking at getting a DAC or DAP, is this not a valid complaint? I’m not sure what hiccuping exactly means, skipping music? If I dropped $400 on some audio gear, I’d expect it to work damn well. Likewise I wouldn’t expect a $400 flashlight to flicker because of crappy battery contacts……

He wasn’t a member at all. He bought something without consulting the community. It wasn’t working to his satisfaction and he complained, with little satisfaction (entirely his POV.) He then signs up to the site for the sole purpose of bitching about the company.

If I was not a member here and bought a light that didn’t work to my expectation, I’d doubt that I’d complain in my first post on this board and certainly not about something entirely not related to the forum’s subject focus, like OP. here

Take care of you business, on your own, I guess?

Chris

Ahh I see what your getting at, agreed a flashlight forum isn’t the best place to complain about a robot vacuum cleaner…

ChrisGarrett · 2018-08-23T02:26:09.000Z

gravelmonkey:

Ahh I see what your getting at, agreed a flashlight forum isn’t the best place to complain about a robot vacuum cleaner…

It’s like inviting the new neighbors over to dinner and the first thing that they do, once inside the door, is to start ripping farts.

At come over a few times and get to know us before dropping the depth charges.

Then, we’re at least friends.

Chris