Rights when purchasing online from non-UK company?

Naf

As a general rule MSE has taught me my consumer rights quite well; but I'm unsure what is different and what laws apply when dealing with non-UK businesses.

My wife bought an ebook from Kobo who are based in Canada. She paid online via. the PayPal express checkout, downloaded their app and then the ebook, read it & then deleted the lot. This was August 2012; last week she attempted to download it all again and it didn't work. Kobo looked into it, confirmed that its an error (although tried to pass the buck claiming its not their error, but a problem with the ebook itself that the publisher is responsible for) and offered a refund/store credit. We don't usually do ebooks (this was available only in ebook format) so asked for a refund; but after even more hassle they said that they can't refund as it was over a year ago, but are still offering store credit.

What rights do we have?

Fosterdog

Well as she has already downloaded and read the book so doesn't have the right to a refund. She probably doesn't even have the right to credit so they are being very good to offer that.

wealdroam

I believe you will need to pursue then in the Canadian courts.

Having said that, are you saying that you bought an ebook, read that ebook, and now want a refund?

I don't pretend to understand this ebook stuff, but surely if you wanted to keep the book to read again it was perhaps a bit premature to delete it.

Fosterdog

Usually with ebooks once read you can delete them from the device but they remain linked to your account via the cloud to be downloaded again in the future. Sometimes the author or publisher has the book removed from sale for whatever reason and it is then also removed from the cloud and linked accounts.

tomwakefield

If you get full store credit, you can buy it again and you'll be in the same position as you would be if nothing had gone wrong.

bris

You have no rights in the UK so take what ever they are prepared to give you, because if they change their mind there is nothing you can do about it.

Poppie68

Naf wrote: »

As a general rule MSE has taught me my consumer rights quite well; but I'm unsure what is different and what laws apply when dealing with non-UK businesses.

My wife bought an ebook from Kobo who are based in Canada. She paid online via. the PayPal express checkout, downloaded their app and then the ebook, read it & then deleted the lot. This was August 2012; last week she attempted to download it all again and it didn't work. Kobo looked into it, confirmed that its an error (although tried to pass the buck claiming its not their error, but a problem with the ebook itself that the publisher is responsible for) and offered a refund/store credit. We don't usually do ebooks (this was available only in ebook format) so asked for a refund; but after even more hassle they said that they can't refund as it was over a year ago, but are still offering store credit.

What rights do we have?

As others have pointed out you are in exactly the same position as before, by giving you the credit they are giving your wife the opportunity to downoad the book again...i don't think they even had to offer the credit.

agrinnall

Whether she will be put into the same position depends on whether the publisher error with the ebook means that is is now available to purchase or not - if it isn't then she won't be in the same position. But I'd agree with the general feeling that an offer of credit is more generous than they need to be anyway.

Poppie68

agrinnall wrote: »

Whether she will be put into the same position depends on whether the publisher error with the ebook means that is is now available to purchase or not - if it isn't then she won't be in the same position. But I'd agree with the general feeling that an offer of credit is more generous than they need to be anyway.

If it's not available now, i'm presuming from what Fosterdog has said above with regards to removal by publisher or author it would of been removed from the 'memory' anyway, so the OP wouldn't of had access to the book anyway so is now in a better position as she has credit to purchase a new book.

Naf

Fosterdog wrote: »

Usually with ebooks once read you can delete them from the device but they remain linked to your account via the cloud to be downloaded again in the future. Sometimes the author or publisher has the book removed from sale for whatever reason and it is then also removed from the cloud and linked accounts.

tomwakefield wrote: »

If you get full store credit, you can buy it again and you'll be in the same position as you would be if nothing had gone wrong.

agrinnall wrote: »

Whether she will be put into the same position depends on whether the publisher error with the ebook means that is is now available to purchase or not - if it isn't then she won't be in the same position. But I'd agree with the general feeling that an offer of credit is more generous than they need to be anyway.

The book has not been removed - it is still available to purchase, albeit at a lower price. Kobo have confirmed that there is an issue with the book itself so that re-downloading is not possible.
Actually she didn't delete it directly, she's got a new phone since so was forced to try & re-download it.

InsideInsurance

Naf wrote: »

The book has not been removed - it is still available to purchase, albeit at a lower price. Kobo have confirmed that there is an issue with the book itself so that re-downloading is not possible.
Actually she didn't delete it directly, she's got a new phone since so was forced to try & re-download it.

Whats the problem then? You can get it again at the lower price and still have some spare credit to use towards something else!

Their website states the sales is governed by the laws of Province of Ontario. If you wanted to take them to court over being put into a better position then you'd need to do it in a court under their jurisdiction.