Nordace sent the wrong product

I ordered a beige set: backpack Nordace Siena, extra internal separator bag, anti-rain cover for my girlfriend with the hope to get it for 6th December. On 18th I left Zurich for holidays and the package arrived on 23rd. Luckily, I came back before 14 days waiting period finished (1 day earlier) to find out, that there are 44 CHF extra of customs duty for me to pay... I paid, because I still wanted to give it as a gift to my girlfriend and ... Voila... the backpack and the external separator were black instead of beige. Total disaster, unacceptable by my girlfriend, so I started contacting the Nordace company by their contact form and I even wrote them on Instagram. After three weeks they offered me to send a proper set to an EU address. I gave them one, and in the last email from them they wrote me among other info the following text: I ask myself a question..."Who will give me back the time spent on the contact with them and these 44 CHF spent for customs duty?". I'm waiting for the moment when the proper order reaches my EU address.

What would you do in such a case? I don't hide, that they spurred my ambition. I plan to go somewhere in Zurich where they would give me a certificate of the gift, so that I could send it to Nordace but in this solution I still lose 44 CHF.

You imported something into Switzerland, so you have to pay import duty, MwsT and an admin charge (44.00 is not just Zoll).

As for them asking you to donate that to charity, I would say that's very nice of them!

And this is why I don’t like online shopping

This is why I don't start an online shop...

Anyway, a thanks for the OP as I had a good laugh.

I don't get it - you started out ordering something to be shipped to CH, paid the fees due on it, and eventually received the item, in the meantime having another item completely free of charge. Am I missing something here?

Are you actually an agent for this company, as it certainly would make me more, not less, inclined to deal with them. Great customer service, I say.

In the end you get what you ordered and free and you get to keep the wrong one. You can sell it! What a winger you are!!

OP, if even a miserable wretch like omtstat, for whom complaining vehemently about nothing is a daily pastime, is calling you a whinger then you may as well just lie down and end it all now because you have failed at life.

On a more serious note, just sell the additional product that you were allowed to keep and get on with your life.

On a more positive note

The Modern Rule: Caveat Venditor

Caveat emptor was the rule for most purchases and land sales prior to the Industrial Revolution, although sellers assume much more responsibility for the integrity of their goods in the present day. People consumed far fewer goods and usually from local sources prior to the 18th Century, resulting in very few consumer protection laws (mostly limited to weights and measures). See "Product Liability: Background" for more historical information about the principle of caveat emptor.

Today, most sales in the U.S. fall under the principle of caveat venditor, which means "let the seller beware," by which goods are covered by an implied warranty of merchantability. Unless otherwise advertised (for example, "sold as is") or negotiated with the buyer, nearly all consumer products are guaranteed to work if used for their intended purpose.

For example, a consumer who purchases a coffee grinder that lacks the power to grind coffee beans may return the product for a full refund under an implied warranty of merchantability. But if the same buyer purchased a used coffee grinder at a thrift shop marked "sold as is," returning the product later may prove difficult. While caveat emptor is no longer the rule for consumer transactions, it's important to know when the exception applies.

PS. I gladly accept donations!!

The import tax/duties/VAT/fees are your responsibility. The TIME you wasted dealing with their customer service you can recoup. Sell the black backpack, keep what you think is fair for your 10min. spent dealing with them, and donate the rest of the sales proceeds to a charity. WIN/WIN.

Thank you all for interesting comments so far. To answer few questions

+ I find it not right to keep the whole black set for myself if I get the beige one, that I wanted.

+ I am not a Nordace agent. I just care about solving issues the right way and after I noticed this section on this forum it encouraged me to write about my case.

I think I might sell the backpack and a pocket in here after I have the beige set shipped and I reach 10 posts on this forum. For the moment, I feel, that the right solution would be to get 44 CHF back for me and give the rest to charity. In here I have to explain you, that on the Nordace webpage they put the info "FREE SHIPPING", which does not change when you proceed with the order online and the price does not change after providing the Swiss address in the form. I would expect the automated price change or some additional info provided, that the total cost will be higher. Certainly, I could dive into the webpage content and check the whole FAQ section to find the additional info saying : Definitely, after this experience, I will read all other extra infos on the webpage.

If Nordace sends me the right set, then they will prove they are a really nice company. After that, I will proceed with selling the black set.

better you donate it to donations@omtatsat

Oh come on. The shipping is free but you are responsible for importing goods into CH the same as any other country. The supplier cannot be responsible for that!

Thanks for making me realise shipping!=total cost of delivery. My fault. I thought, that if they mention "free shipping", then I will not pay any more money than for the product at the moment of ordering it online.

Maybe it's your lack of experience; just bear in mind: ALL purchases from outside CH with a total cost of product+shipping (free shipping doesn't impact this at all) above ca. CHF 65 are subject to VAT (7.7%) + various fees (e.g. customs clearance fee which varies depending the goods country of origin, from the EU it's CHF 11.5, CHF 16 from most other countries). So if your backpack cost CHF200, you'd have to pay CHF 15.5 in VAT + 11.5 in clearance fees, and potentially CHF 13 if the sender didn't provide enough information and the post had to open the package. In this scenario, your fees would be CHF 39.9. This bear no relation to whether you pay shipping or not.

It's actually stated on the website

Not sure if I would order from a site that mentions "unlucky packages".

Fyi, the "Warenwert" (basis for extra fees) was 125 CHF. Then, there were following parts:

1. Storing in the warehouse, explaining the value : 13.00 CHF

2. Customs duty for "Zone 2" + 3% of value : 16+0,03*125 CHF = 19.75 CHF

3. Einfuhrsteuer (7,7% of MWST value) : 0,12*157 CHF = 12.10 CHF

This is why the total extra cost for me was 44.85 CHF.

Makes sense to me. See Caleb's post above.

The costs you're paying are not "shipping" - they are administrative and customs fees as well as VAT. The seller isn't responsible for those costs. You (the buyer/importer) are.

You said you haven't received the new item yet. I wonder if you're going to get hit with another 44 Francs, as the value of the new item is also $125...

I provided them the EU address this time. They said there should not be any other extra cost this time.

Hi Everyone. The beige set arrived to my EU address. Nordace fulfilled their promise, so I'm selling the black set within this topic.

I post here, now, as I saw your other link, in which you're selling the black backpack.

As I understand it, you received the beige backback that you did want, paid for that and had no customs duties on that because you used and EU address. You also received (incorrectly on the part of the seller), the black backpack, for which the customs duties annoyed you on one hand because you didn't know how the system works and therefore hadn't anticipated those fees, and more so because black is the wrong colour. In the end, the supplier neither asked you to return black backpack nor did they charge you for it, but instead gave it to you for free, and suggested you donate it.

Now you want to sell the backpack and recoup for yourself only the customs duty you paid, and donate the rest of the money you get from selling the backpack. That, indeed, is your right.

I'm really curious, though: why not just donate the backpack (since on this thread there is someone who wrote he'd be happy to have it) altogether, or if you still really want to get back the customs duties, why not sell the backpack for 44,85 CHF?

No-one will give you your time back. The customs duty you could recoup by your proposed sale.

What would I do?

1. Thank Caleb for explaining how the system works.

2. Write off the 44 CHF as a learning experience.

2.1. Know that if the beige backpack had arrived correctly in the first place, the 44 CHF would have been due just the same.

3. Give the backpack to omtatsat, who has said he'd like to have it.

As I said, you own the backpack and can do as you please with it, I'm just trying to understand why you would choose this route, when giving it away would save you so much time and effort.