Sold Unfit Product Aborad

Money_Learner_2

Hi all,

I'm a newbie to this site - a big hello from me!

I am hoping you can help me with a problem. I've just returned home from a holiday aboard in the Maldives (really great time!).

Whilst on the particular island which I stayed, I decided to purchase a pocket digital camera. It was for around 350 US Dollars.

The camera comes with a 3 year warranty.

Once I had a chance to look through the paperwork included in the box I soon realised that the warranty is valid in India only (and definitely not worldwide, let alone the Maldives!). At the time of purchase I did let the seller know that I was from the UK. It does not mention on the box that the warranty is valid in India only.

I returned to the place from which I purchased the camera requesting a UK valid warranty. He declined to provide one and I told him that I the camera I have purchased is not fit for purpose. I requested a refund and he declined. I complained both to him and the main management of the resort. Both refused to take my complaint into consideration.

Frustrated, I reported my complaint to the on-island rep of my tour agent. They fully understood my complaint and felt that I had a good reason for refund. However, even after attempts with rep to resolve the issue she could not get any progress.

I paid for the camera with my Credit Card. Am I correct in thinking that I am protected under Section 75? And that if I put the complaint to my Credit Card company then they are obliged to resolve the matter?

Regards,

Money_Learner

chattychappy

S75 does cover foreign purchases. So if there is a breach of contract, for example, then the CC would be jointly liable.

BUT, not providing an international warranty does not make a product unfit. From what you say you did not agree with the merchant that there would be warranty cover in the UK. So no breach of contract. You bought it in the Maldives so if it goes wrong, that's where you return it to.

Even if an international warranty was agreed with the retailer, you've not suffered a loss until the camera goes wrong and the manufacturer refuses to repair it in the UK. So still no s75 claim.

By the way, some years ago my other half bought an Aiwa "thing" in Japan. Local warranty, this product wasn't even sold in Europe. It went wrong in London. She phoned up Aiwa UK and they fixed it free of charge anyway.

thegoodman

Yes you are protected under Section 75.
Once you put a claim in you need to prove that information given to you was incorrect. Do you have anything in writing?

Money_Learner_2

Hi both,

Thank you for your replies.

chattychappy - I can completely see your reasoning here and I fully see your point of view. However, my thought is that the product I purchased is the camera and the warranty as one single entity. I bought the product with the view that both the camera and its warranty would be fit for my purpose. As the warranty isn't then I feel that the entity as a whole isn't fit for purpose (well not for my purpose anyway).

I think I can see why my argument would fail (based on chattychappy's reasoning); however I feel that my argument is also valid.

Interesting point you make about the item potentially being able to be serviced in the UK; I'd not considered this.

thegoodman - I have nothing in writing describing my need for a UK / International Warranty. As I purchased the item in store all discussions were verbal. I do have a receipt for the item, as well as the corresponding entry on my credit card billing.

I am considering emailing the resort describing my point of view. However, under S75 I don't *think* I even have to do this as it is for the Credit Card company to handle it on my behalf.

Thanks both for your help so far.

stephane_2

You are covered under s75 but the product is working correctly, there hasn't been a breach of contract, I don't think that the cc company should fork out a refund....

somethingcorporate

No proof, nothing outwardly wrong with the camera means you are going to have a hard time with this I think.

Do you intend to return the camera to the maldives too? or do you expect to be able to keep it. International shipping on a kg of camera may be quite expensive. I would probably chalk this one up to experience about not buying abroad when you do not really know what you are getting and keep your fingers crossed that it does not go wrong. If it does there are always repair places that will take a look at it for you.

I love the fact that when something goes wrong on these forums the language immediately turns you into the victim where you were "sold" the product and never "bought" it - like what happened in reality.

System

Money_Learner wrote: »

However, my thought is that the product I purchased is the camera and the warranty as one single entity. I bought the product with the view that both the camera and its warranty would be fit for my purpose.

Taking the line that it is a complete package then as YOU bought it (the sale wasn't forced on you), the responsibility for ensuring that the complete package met your requirements was in your hands. The fact that the warranty is only valid in India is a failing on your part and the seller has no responsibility unless you can prove that a worldwide or UK warranty was explicity asked for at point of sale.

somethingcorporate

!!!!!! wrote: »

Taking the line that it is a complete package then as YOU bought it (the sale wasn't forced on you), the responsibility for ensuring that the complete package met your requirements was in your hands. The fact that the warranty is only valid in India is a failing on your part and the seller has no responsibility unless you can prove that a worldwide or UK warranty was explicity asked for at point of sale.

^^ this.

And just knowing that you were from the UK is not sufficient. The onus is on you to identify whether a product is suitable not for the salesperson to.

chattychappy

Money_Learner wrote: »

However, my thought is that the product I purchased is the camera and the warranty as one single entity. I bought the product with the view that both the camera and its warranty would be fit for my purpose. As the warranty isn't then I feel that the entity as a whole isn't fit for purpose (well not for my purpose anyway).

...
I have nothing in writing describing my need for a UK / International Warranty.

In principle you do have an argument if it was agreed that the camera would come with a UK/international warranty. But you didn't say that in the first post.

But 1) you still have difficulty with evidence.
2) a breach of contract doesn't necessarily entitle you to a refund. It might only entitle you to damages. Until your camera fails, you haven't really suffered a loss. So nothing to pay out under s75.