Defective Product from america no return or refund policy what are my rights?

MANICX100

I ordered a cubify sense 3d scanner from cubify.com


Unfortunately the item arrived non functional and keeps looking connection to the PC. Even when connected scanning is impossible due to lost tracking.

I have been in contact with support for weeks how updating graphics drivers sending videos and diagnostic data to them.

No luck fixing.

When I asked for a return address I was told:

"Unfortunately, there is a strict no-return policy on all Cubify printers, devices and softwares once shipped, therefore I'm afraid we won't be able to offer a refund or other credit. This has been imposed by 3D Systems and as I am merely a technical engineer, I cannot change this. This policy is shown on both the Cubify invoice and on the shopping cart page during the purchase process on our website.

Now I did a mock re-purchasing and could not see this policy but I assume it is there. (Note the site is completely different on my tablet vs my PC)

Is there statement legal? What are my rights in returning?

I was even hit with a £92.35 FedEx customs charge AFTER I received the item which I was not made aware of when buying. But I accept that money has gone!

bris

You bought it from the USA you have no rights.

Blackbeard_of_Perranporth

MANICX100 wrote: »

I ordered a cubify sense 3d scanner from cubify.com


Unfortunately the item arrived non functional and keeps looking connection to the PC. Even when connected scanning is impossible due to lost tracking.

I have been in contact with support for weeks how updating graphics drivers sending videos and diagnostic data to them.

No luck fixing.

When I asked for a return address I was told:

"Unfortunately, there is a strict no-return policy on all Cubify printers, devices and softwares once shipped, therefore I'm afraid we won't be able to offer a refund or other credit. This has been imposed by 3D Systems and as I am merely a technical engineer, I cannot change this. This policy is shown on both the Cubify invoice and on the shopping cart page during the purchase process on our website.

Now I did a mock re-purchasing and could not see this policy but I assume it is there. (Note the site is completely different on my tablet vs my PC)

Is there statement legal? What are my rights in returning?

I was even hit with a £92.35 FedEx customs charge AFTER I received the item which I was not made aware of when buying. But I accept that money has gone!

I assume it is similar to this item

http://cubify.com/en/Products/SenseOrder?utm_source=Bing&utm_medium=cpc&utm_campaign=Brand_England

As you purchased the item in the USA, then you negated your UK consumer rights by buying it what you thought cheaper. You can of course, use the laws applicable to the USA to claim recompense.

Further to that, I am afraid, an expensive lesson, even when you add on the customs charges.

George_Michael

bris wrote: »

You bought it from the USA you have no rights.

It's incorrect to state that the OP has no rights.
They may well have rights, but those rights will be whatever they are afforded under US laws.

Ectophile

How did you pay? If it was by a UK credit card, you may still have rights against the credit card company under Section 75 of the Consumer Credit Act.

Otherwise, you're looking at hiring a US lawyer to sue them in a US court.

shaun_from_Africa

Have you tried contacting customer services in the UK, making sure that they are aware of the fact that you wish to return for a repair or replacement under their warranty.

Customer support - Europe
+44 1442 279 839 (UK)
8AM-4:30PM GMT, Monday to Friday

as you should have a 1 year warranty:

The warranty for Cube, CubeX, CubePro and EKOCYCLE™ Cube® 3D printers is 90 days from the date of purchase, and the warranty for the Sense, iSense 3D scanners and Touch 3D stylus is 1 year from the date of purchase.
For consumers who are covered by consumer protection laws or regulations in their country of purchase, or if different, their country of residence, the benefits conferred by our warranty are in addition to, and operate concurrently with, all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to these additional rights.

Once shipped, the Cube, CubeX , CubePro, Sense, iSense, EKOCYCLE™ Cube®, Touch 3D stylus cannot be returned for a refund or other form of credit. Please contact 3D Systems’ warranty hotline for any return to repair or replace a defective Cube, CubeX , CubePro, Sense or iSense, EKOCYCLE™ Cube®, Touch 3D stylus during the applicable warranty period.

Money-Saving-King

George_Michael wrote: »

They may well have rights, but those rights will be whatever they are afforded under US laws.

But they'd then have to use a US court to enforce them which will be a pretty expensive air fair away!

InsideInsurance

Ectophile wrote: »

How did you pay? If it was by a UK credit card, you may still have rights against the credit card company under Section 75 of the Consumer Credit Act.

But still the rights would only be those that the OP has with the retailer and that is still based on the state laws of the seller. US consumer law does vary considerably by state but all are significantly lower than UK protections.

Avoid the issues of having to go to court in the US but you still need to get legal advice on what your rights are in the applicable state.