[Iccz]

Hi folks,

Need a little help here, I just got a figure from Play-Asia.com with interchangeable parts, the problem is one of the parts of the one of the sets of the hair is missing (just so happens to be the set of hair I was planning on using for my display (sigh ), anyway I emailed them and got the following in response:

We are very sorry to hear about your situation. This should be a manufacturing defects and we have no control over it. We are regret the we don't have any spare parts can be shipped to you as replacement.

After discussion with our supervisor, we can offer you $10 store credit for the compensation of the defects.

Am I entitled to ask for a refund or replacement item to the same value?
As it happens I have about £300 worth of pre-orders with them at the moment and I'm considering cancelling these and going to someone else (who has is seeing if they get them for me).
I'm quite shocked that they have no way of sourcing the part from the manufacturer, I understand they can't replace the product as it sold out (their stock at least).

I'm left disappointed and $10 isn't really enough in my view. Baring in mind they are located in Hong Kong what are my rights and what do you think I should ask for?

Thanks in advance.

[kj23]

can the manufacturer of whatever it is you have not help you?

[Iccz]

Originally Posted by kj23

can the manufacturer of whatever it is you have not help you?

Are you suggesting I contact the manufacturer direct?
My contract of sale is with Play-Asia, they hold more power with the manufacturer than me I would have assumed it was their responsibility to sort it with the manufacturer?


Edit: Just looked at the manufacturer's site and it states:

Regarding inquires bellow, please contact your local distributor.
・Where to buy and stores near you
・Replacement parts

I'll get back to Play-Asia with this and see what they say.

[kj23]

yeah, you could just say you bought whatever it is and had a part missing and could they help. worst they'll say is no. the place you got it from would presumably have to get it from the supplier anyway.

[Iccz]

Yeah I'll try going through them after dealing with Play-Asia first. However, do you know where I stand on getting a replacement item of the same value or a refund if this problem can't be sorted?

[kj23]

i wouldn't know. i'd maybe see if you could get the missing thing then if not, ask for a refund or replacement but like you say, different country, different consumer rights, if they care anyways.

[Iccz]

Originally Posted by kj23

i wouldn't know. i'd maybe see if you could get the missing thing then if not, ask for a refund or replacement but like you say, different country, different consumer rights, if they care anyways.

With my account history and current pre-orders, I would hope they value me as a customer.
I understand the different country/different rights but I don't want to let time pass too much that I might miss the boat on a refund/swap etc.
I asked in my mail if they are able to try source the part if not could I get a refund or store credit to the value of that item + shipping.

I'll keep this thread updated with what goes on anyway, thanks for the advice

[Iccz]

Have been offered credit with play-asia to the value of the item if I return it, which will leave me out of pocket for shipping it back to Hong Kong.

I have emailed the manufacturer to see if the can help me before I return the item, thinking about cancelling my pre-orders with play-asia now and using a supplier in this country, might cost me a little more for some of the figures but I know I wont have the hassle or extra cost in the long run if things go wrong

[Dpp1978]

This is tricky because of the cross jurisdiction element.

The general rule is if you want to do business with UK consumers you have to comply with UK and EU consumer protection law. it doesn't matter if you are in a different country.

Under UK law you have the right to a refund, repair or replacement if the item delivered does not match it's description under the Sale of Goods Act. You can reject the goods as the item is not complete.

Under the Act (section 48B (2) (b) to be precise) the seller has to bear the costs of this, unless it would be disproportionate to do so.

The contract cannot exclude this right under the Unfair Contract Terms Act.

As long as you haven't waived these rights you can insist on a replacement item or a full refund (in cash not credit). If you have accepted their offer you will probably be deemed to have waived your rights.

In practice how a foreign company reacts to this will vary. Trying to enforce your rights cross borders is expensive, and may well not succeed. In which case it is probably best to put it down to experience.

Hopefully this will not be the case, and it is worth a try to assert your rights and hope they fulfil their obligations. If they don't cancel your orders, and don't use them again. Then post everywhere you can think of how you have been treated. If they try to fob you off threaten this first, it may be enough to sway things.

Hope this helps, and best of luck.

[Iccz]

Originally Posted by Dpp1978

This is tricky because of the cross jurisdiction element.

The general rule is if you want to do business with UK consumers you have to comply with UK and EU consumer protection law. it doesn't matter if you are in a different country.

Under UK law you have the right to a refund, repair or replacement if the item delivered does not match it's description under the Sale of Goods Act. You can reject the goods as the item is not complete.

Under the Act (section 48B (2) (b) to be precise) the seller has to bear the costs of this, unless it would be disproportionate to do so.

The contract cannot exclude this right under the Unfair Contract Terms Act.

As long as you haven't waived these rights you can insist on a replacement item or a full refund (in cash not credit). If you have accepted their offer you will probably be deemed to have waived your rights.

In practice how a foreign company reacts to this will vary. Trying to enforce your rights cross borders is expensive, and may well not succeed. In which case it is probably best to put it down to experience.

Hopefully this will not be the case, and it is worth a try to assert your rights and hope they fulfil their obligations. If they don't cancel your orders, and don't use them again. Then post everywhere you can think of how you have been treated. If they try to fob you off threaten this first, it may be enough to sway things.

Hope this helps, and best of luck.

Great post, thanks for this.

As it happens my UK supplier has just told me he is going to be able to source the figures I had on pre-order and they're actually going to work out cheaper than me getting them from Play-Asia (after shipping costs etc). So I have cancelled my Play-Asia pre-orders and have emailed GoodSmile (the company who manufacture the product) asking if they are able to assist with the replacement part.

When/if I get a reply from them, I'll chase Play-Asia up again as you recommended and see where this gets me.

[Viperj2k]

Originally Posted by Iccz

As it happens my UK supplier has just told me he is going to be able to source the figures I had on pre-order and they're actually going to work out cheaper than me getting them from Play-Asia (after shipping costs etc)

Does your supplier have an online website?

Good luck in your quest for replacement parts , I'm currently doing the same thing with a figure of mine, different company though.

[Iccz]

Originally Posted by Viperj2k

Does your supplier have an online website?

Good luck in your quest for replacement parts , I'm currently doing the same thing with a figure of mine, different company though.

Havn't used them yet but willl be picking up some figures soon if all goes well but it's: kamikaz.co.uk

Will be doing pickup/cash on delivery because I'm weary of UK sellers of anime figures having fakes, but this chap seems pretty genuine.

Never had any issues with missing parts before, nor have I ever really seen many people have similar problems, hopefully the manufacturer will be able to help me out on this as it doesn't seem Play-Asia want to try.

[Iccz]

Well I just got an email and am now satisfied!

We are very sorry to hear that your extension parts set had a missing part.
Please forward us an address where you would like us to send the missing part to. We will process this as soon as we hear back from you.

We truly apologize for any inconvenience that might has caused you.

The manufacturer are sorting the issue without me even having to return the product or specify any details other than those in my original email with pictures attached.
I don't think Play-Asia had any interest in trying to get the part from the manufacturer, even though on the manufacturer says on their site to contact the supplier direct they gladly helped!