Purchased product does not meet expectations, refrain from internet purchase

Questioner

I bought a product of € 59.95 from https://XYZcom. After waiting for a few weeks, the product arrived directly from China. Now it does not work properly and I want to return it. Within 14 days, according to the right of withdrawal. Now I have to return it to China and I will receive the address there. I have to pay the shipping costs myself. After some emails back and forth and that I said that it is misleading sales, they say that everything is on the site. They act in such a way that everything goes directly from the factory to the buyer. Is it allowed to act like this? Is it still possible to get my money back and is there a way to stop this company with their misleading sales and return promises? I don't expect to get my money back if it even gets to China.

Lawyer

Under Dutch law, you may be entitled to a refund even if the store says it has to send the product to China. Under Dutch law, you have a 14-day right of withdrawal for an internet purchase, during which you can cancel the purchase without giving reasons. In this case, if the product does not function properly, this may also fall under consumer law, which states that a product you buy must be 'sound'. This means that the product must function as you as a consumer may reasonably expect. Regarding shipping costs, within the EU, if you exercise your right of withdrawal, you as a consumer must pay the direct costs of returning the product, unless the seller has indicated that you will bear these costs yourself or has not made it clear that you will bear these costs. However, the situation can become more complex if the product has to be returned to China and the costs of this are disproportionately high. In addition, it is debatable whether this is a case of misleading practices. If the website clearly communicates that the products come directly from the factory, it can be argued that the consumer was aware of this. However, if the seller has not clearly indicated that the products come from China and that the costs for return shipping are for the account of the consumer, then there could possibly be a case of misleading practices. In such cases it may be advisable to seek further legal advice, either from a consumer organisation or a specialised lawyer. Reporting to the Netherlands Authority for Consumers & Markets (ACM) may also be useful in addressing any misleading sales and returns practices. Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.