Customs invoice on replacement item?

[tinymouse]

Bought a product from the UK and Ireland site of a well known electronics company. They didn't charge VAT on the initial order, and I had to then pay customs on the original order, which I was fine with.

However, the product arrived faulty. After much back and forth, they agreed that I could send it back for repair and replacement, and they'd reimburse me the shipping costs, which to their credit, they did.

I returned it to them. They said they couldn't repair it, and the only replacement model is in a different model (The only difference is the colour). I said that's fine.

Now I've got a invoice from An Post, for customs charges for the replacement item. For whatever reason the declared value is 3 times what the original item cost. (Far in excess of what any reasonable shipping cost could be), and now I'm expected to pay 2/3 of what I initially paid for the item again.

I contacted the company, they said that I am liable for any customs charges that the Irish government applies on my order. It's nothing to do with them. I argued that it's a replacement for a faulty item i sent back, and therefore no customs is due.

Their response was that the replacement item is a different model, so it's not a like for like replacement, and as such customs is due.

Is this actually true. What are my rights in such an instance?

 

[Leo]

You can apply for a refund of the duties paid on the item you returned. That application goes to the body that you paid the initial duties to, they'll need proof the item was returned.

Given that the replacement offered is a different model, you could refuse that and request a refund. They do not have to oblige you there though. Even under EU law the vendor gets to choose whether to replace, repair, or refund a faulty item, buying from the UK you now have less rights. Note also that the the value used for calculation of customs is the value of the item plus shipping costs.