Section 75 or chrge back?

Gillingham

I purchased a Kindle Fire HD 8.9" when on holiday in the Florida. The Kindle was bought at Best Buy (a major retailer). I was actually looking at the Apple iPad mini when I was shown the Kindle. I now suspect that there weren't any minis in stock as the sales associate went out of his way to get me interested in the Kindle. He assured me that there were over 40,000 apps I could download and that it would work perfectly well in the UK and was fully supported by Amazon.com

Well on setting it up I found that I can't download/purchase apps, music, video and the news stand is non existant. After contacting Best Buy via their Facebook page I was told that the associate had given me the wrong information and the Kindle I had purchased was not supported in the UK. They gave an email address to send all the information to ie. store, cost, purchase date etc. I have not had a reply and that was over two weeks ago.

I also emailed Amazon.co.uk for advice as I thought there may be some kind of 'setting' I could alter or download to make the thing work properly. They couldn't help so they suggested Amazon.com. I had an hour on 'chat' with one of their customer support staff who eventually found out that the Kindle would only work in the US and for someone who had a US credit card and billing address.

I now feel that I have done everything I can reasonably do to sort out the situation. My Kindle books (I have an ordinary 6" kindle) were delivered as soon as I registered the Fire. I can't get anythng else on it. The cost of this was $320.99 (approx. £202) so it is a very expensive e-reader only. Obviously I was misled by Best Buy, but where do I stand in relation to making a Section 75 refund claim from my credit card comapny?

Any information/advice would be much appreciated.

Thanks in advance :j

dalesrider

Not sure on this.

Best advice talk to your card provider and see what they say.

Gillingham

I was hoping someone might be able to advise me of my legal rights before I speak any further to the bank.

I have actually emailed Nationwide via their secure message service giving a brief outline of the matter. Obviously I am anticipating they will try to fob me off (banks/building societies) tend to do this. I was just hoping for a little bit of information to come back at them with if they start playing silly s*ds!

jonesMUFCforever

You appear to have purchased a product that works.
You were told it was suitable for use in UK.
According to you it is not.

In my mind to do a chargeback you would need to send the product back by trackable mail and see if the retailer refunds you ($amount you will lose out on exchange rate).
I cant see a section 75 here.

dalesrider

remember seeing this in consumer forum.

No chargeback as it works.
Fact you bought in person rules out pretty much most of chargebacks.

Not sure you will get anywhere on S75 either on the basis that there is nothing wrong.
No breech of contract as you bought in USA and this is deigned to work in that country.
Yes I know you asked the staff if it would work in the UK. And it will work. Just you cannot use Amazon.co.uk.
Is in a way the staff were telling the truth.

I would talk to your card provider. But do not hold out much hope.

Will this work.
When you login into your amazon acc. In kindle settings there is "Country settings".
Can you change that to a UK address?

chattychappy

S75 makes the CC jointly liable for breach of contract or misrepresentation. NB misrepresentation in law includes implied representations and you do not have to show any fraudulent or dishonest intent.

It was clear in the shop that you intended to use the machine in the UK. You told the shop this and they reassured you it would work. Based on the reassurance you purchased the machine. You now find that it is crippled - ie not working in the way you were led to believe from what they said. It might be working in some kind of technical sense, but it is not as any reasonable person would have expected.

So on that basis you have a claim. But I do see some problems:
1) Evidence. It seems you have something from the shop admitting you were wrongly informed. This is great....
2) Jurisdiction issues. S75 does apply to overseas transactions, but the law is a little grey. For breach of contract claims, you probably get local contract law rather than UK consumer protection implied terms. For misrep, I'm guessing US law is similar (enough) to UK law.
3) CCs resist S75 claims because often they have to foot the bill. You have to be prepared for a struggle.

But I think you do have a claim. Do not delay, else you could be deemed to have accepted the machine.

Gillingham

I have been trying to get help from the company I purchased it from and also from Amazon since the middle of January. I now have definitive information from Amazon that it will not work in the UK. They company I purchaed it from have not replied to my emails, but did answer me via Facebook saying that I was given the wrong information (I have got this printed out). The 7" version is on sale in the UK and I fail to see why the one I purchased (just a bigger version) will not work, but it won't. What is the point of having protection that doesn't protect you? I have an ordinary Kindle reading device so I obviously didn't just want it as an e-reader! Apps, games, videos, music, magazines, newspapers should all be available to purchase and they are not, therefore it is not fit for the purpose for which it was intended. It was bought as a multi function tablet, and it is not.

I will let you know when I have got a reply from the credit card company. Thank you to those who have replied.

meer53

But it is fit for purpose. Just not in the UK.

Your claim will depend on whether your card issuer will accept your Facebook evidence, and that you were told in the shop that it would work here.

dalesrider

Gillingham wrote: »

The 7" version is on sale in the UK and I fail to see why the one I purchased (just a bigger version) will not work, but it won't. .

If you bought a UK kindle it will not work in the US in the same way as here. Unless you can still purchase apps etc from the UK site.
They are country specific (see #5). This is very clear on the amazon site. And had you checked their forums it is also a very common issue. People trying to get something not avaiable in the UK or get one before they were.

All apps mags etc are avaiable to purchase. You just need to register on the .com site for this access.

gglaze

Sounds like a frustrating ordeal. But no surprise really - Best Buy cross sells kindle to loads of people coming in to get an iPad (my mom for example)... and the typical Best Buy customer seems to just eat that up. But I'm sure there are loads of people in the US who get home with their kindle and after a bit of time realise it is not in fact anything like an iPad, and then go back to Best Buy complaining and manage to easily get a return for refund/exchange.

Best Buy is a bricks and mortar, and it sounds like you just aren't finding the right channel to communicate with them to arrange a refund. I really doubt you would have any trouble actually getting them to agree to a return, if you could communicate with them properly (i.e. typically with Best Buy you just have to go into the store). It's basically the same as if you had bought something at Tesco here in the UK.

I understand that's not a feasable option for you, being back in the UK now. But before jumping the gun because they "haven't replied to your emails" or whatever - and going straight to chargeback/s75 - it sounds like you really should try to find a good means of communcating with them, and follow the proper procedure for arranging a return. The argument of "Best Buy isn't responding to me" doesn't really seem like a great one, since it is obviously a massive chain (like Tesco) and you could easily walk into the store and talk to them if you were there. Make your life easier, and try to find a number to call them at - for example if you bought it at a local store in Florida, search on google maps and get the actual phone number for that store, and call them. Most likely you can arrange a return directly with the store.

chattychappy

gglaze wrote: »

Best Buy is a bricks and mortar, and it sounds like you just aren't finding the right channel to communicate with them to arrange a refund.

I don't disagree with your post. The only snag is that if the OP is ultimately to rely on a misrep claim against the CC, then s/he cannot delay. If you delay rejection (and in particular use the stuff) then you lose your right to get a refund (technically you are rescinding the contract). You might still be entitled to damages, if these can be ascertained.