Section 75 or chrge back?

Gillingham

I actually telphoned the store I puchased it from and was told that it definitely would work. When I insisted that it didn't, they said 'Sorry' but there's nothing we can do now as you are in the UK!

I have spoken to Aamzon.com who have confirmed that it will not work correctly in the UK.

As I was on holiday when I purchased this item, I did no go and do any internet research before purchase. I have already said that I actually went in to purchase an iPad mini but was swayed towards this item by a sales asscociate.

To the best of my knowledge I asked all the appropriate questions. 'Will it definitely work properly in the UK...yes Madam, there is worldwide support..clearly not true, are there plenty of apps that I can purchase, yes there are over 40,000 and counting, will I still be able to purchase music, videos etc. when I get home to England yes, without any problem'. Rubbish! Only if you have a US credit card and billing address, and you are physically present in the US. How many holidaying Brits could possibly meet that criteria?

dalesrider

chattychappy wrote: »

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.

You have 6 years on S75 to raise the issue. So timesclae is not a issue.
In fact. The OP trying to resolve themselves is actually something that will help.
Rather than simply turning to the CC and claiming under S75.

gglaze

Gillingham wrote: »

As I was on holiday when I purchased this item, I did no go and do any internet research before purchase. I have already said that I actually went in to purchase an iPad mini but was swayed towards this item by a sales asscociate.

Don't get me wrong - I'm not going to say you're to blame here. Like I said, they cross sell everyone there, like it's just common practice; and they are completely useless on certain things, especially when it comes to international questions (I would wager a majority of their staff have never traveled out of state, much less internationally).. They also cross-sell (and misrepresent to) gullibule nice old ladies such as my mom, so they are definitely not in my good book.

But that said, I really think there must be something more you can do to try and get a refund through the normal channels. Best Buy is generally quite good about taking returns. Drop the emotion out of this for a moment, forget the whole bit about misrepresentation, cross selling, etc. and just imagine you want to return a product for a refund. You should have good grounds for getting a return approved, since you were sold something you were told would work and it doesn't - simple as that. Then tell the store you want to ship the product in for the refund, since you are no longer in town. They must be able to deal with something like this I would imagine.

Just trying to think a bit more constructively here. If the situation was reversed, and I had bought something at Tesco, and now found myself back home in the US and having difficulting arranging the return - well, I wouldn't be going mental trying to accuse them of misrepresentation, etc. - I'd just be thinking constructively about the best way to get the product returned for a refund.

cooltt

Go to your account via amazon website, choose "Manage my Kindle" and change the country to the UK then you must enter a valid UK address. That's it.

Gillingham

@cooltt,
I already did that. The problem remains. It does not work in the UK. The Kindle application works but nothing else, no apps, music, video. I spent over an hour on 'chat' with an Amazon.com representative trying to solve the problem and the bottom line is that this model is not supported in the UK.

If I bought a fitted kitchen and half of it came and was installed then the other half came and it was damaged or a different colour shade, would I have accept it? Some how I don't think so.

I am still wating of the bank getting back to me and will post here when I do get a reply.

Thanks for all replies. It is good to get a different perspective on matters.

ILW

Why not just buy things in the UK, keeping people in jobs?

chattychappy

dalesrider wrote: »

You have 6 years on S75 to raise the issue. So timesclae is not a issue.

No. Timescale IS an issue if you want a refund because of misrep.

6 years is the normal limitation period for contractual claims. You can claim damages for misrep/breach during this time.

But for rescission (ie rejection and refund), you cannot delay. It is an "equitable remedy" and can be lost due to "laches" (lapse of time). No specific time limit is given but in a situation like this I would suggest days or a few weeks at most.

hillcats

Do you know someone visiting Florida who could return it for you ?
Any volunteers, sorry we are not going for ages (Mid 2014)

bris

You would have to prove it was misrepresented, they could fight a chargeback very easily on the basis of buyer remorse, not realising your own mistake. Don't expect them to just agree they said it would work. A S75 would be very difficult in a your word against theirs scenario.

gglaze

hillcats wrote: »

Do you know someone visiting Florida who could return it for you ?

See, now there's some constructive thinking

By the way, I'm pretty sure it could be *any* Best Buy in any state, not just Florida - although don't quote me on that. Best to call the store and ask just to be sure.

ILW wrote:

Why not just buy things in the UK, keeping people in jobs?

I'm not sure if this was the OP's reason, but guessing by the fact that they originally thought to buy an iPad... Products like Apple iPads/iPhones, or for example the MS Surface I bought myself when I was back in the US over Christmas, have markups of 20-30% in the UK. Unfortunate but true. For example, The current price for a Surface RT basic is £399 in the UK, vs. $499 in the US (a 24% markup at current FX rate). Apple products have been priced like this for years, and I always wait to go home to make these big purchases. This is Money Saving Expert afterall!