Need help/advice here about section 75

Reme86

We bought a laptop through the site ultraboooks.com a year and a half ago, that cost 2000 pounds, we paid on credit card to be safe, we recieved it promptly and were pleased until it completely broke, this is the second time we have had faults and decided to try and get our money back througha section 75 claim as the site had said: "we do not do warranties or refunds".

We contacted barclays and were told that if we payed through paypal they would not payup , There is no indication on the website or when you are paying that it is through paypal, and we did not go through or use paypal when buying the laptop, however upon looking through a bank statement it says the money was sent to:


Ultaboooks.com (paypal)


Does this this void our rights, and if so is it legal for ultraboooks.com to have done this without informing us as the customer that paypal would be used. because until after the sale you would have no idea that paypal was used.

Any help is appreciated thanks

dj1471

What does "completely broke" mean? You're not going to get all of your money back after 18 months.

I was going to suggest contacting the retailer and pursuing them under the Sale of Goods Act, however I then looked at their website... to say it looks dodgy is an understatement.

You really ordered from somewhere that has a mis-spelling in the name? They give a generic London address yet the T&Cs state that US law applies, their phone numbers are all "virtual" numbers that could be located anywhere in the world and their domain name is owned by an Australian company...

I think your best bet is to try and get the laptop repaired (and hope the manufacturer or repair shop doesn't identify it as counterfeit, stolen etc).

grumbler

Reme86 wrote: »

We bought a laptop through the site ultraboooks.com a year and a half ago, that cost 2000 pounds, we paid on credit card to be safe, we recieved it promptly and were pleased until it completely broke, this is the second time we have had faults and decided to try and get our money back througha section 75 claim as the site had said: "we do not do warranties or refunds".

It doesn't matter what they say. What matters is what their legal obligations are: Consumer Rights

And what about the manufacturer's warranty?

We contacted barclays and were told that if we payed through paypal they would not payup , There is no indication on the website or when you are paying that it is through paypal, and we did not go through or use paypal when buying the laptop, however upon looking through a bank statement it says the money was sent to:

Ultaboooks.com (paypal)

Does this this void our rights, and if so is it legal for ultraboooks.com to have done this without informing us as the customer that paypal would be used. because until after the sale you would have no idea that paypal was used.

Any help is appreciated thanks

Very often retailers use Paypal to process card payments. Usually Paypal logo next to the Visa/Mastercard logo indicates this. Impossible to check on this weird website as I managed to place a fictitious order without paying.

MSE article: Warning! Don’t use PayPal to pay on a credit card

Reme86

Sorry about the typing, I was in a rush at the time, basically we bought the laptop from them and there was no indication that paypal would ever be used, the only evidence of it used was on a receipt afterwards. Also we have had very light use out of it due to the issues we have had from about 6 months after purchase, the manufacturer being "razer" only has a 1 year warranty, and we have already had repairs in this time for a very dodgy screen. Ultraboooks.com however have a warranty disclaimer on their site, and say only manufacturers warranties apply. However 1 and a half years of minimal to light use isnt "reasonable" for a 2 thousand pound laptop.

DCFC79

What's exactly wrong with it now ?

As already mentioned the terms mention US law.

Your first step will be proving the fault was inherent which means you will have to get a report done but as US law is mentioned in the t&cs I'm not sure if your bound by the laws of america/ your bound by American rights.

But to be honest it might be easier to just get it repaired as dj1471 says but it's your choice at end of the day.

Reme86

To clarify When i say completely broken, I mean it went from having overheating issues and shutting down randomly to, not turning on or charging. we were advised by citizens advice to get a refund not a repair due to that model of laptop having consistent overheating issues

jonesMUFCforever

Not saying you don't have a claim but why spend two grand on a computer which you only used lightly?
My cheapo laptop costing £350 3 years ago is stil going strong.

bigadaj

Reme86 wrote: »

To clarify When i say completely broken, I mean it went from having overheating issues and shutting down randomly to, not turning on or charging. we were advised by citizens advice to get a refund not a repair due to that model of laptop having consistent overheating issues

Don't think cab were aware of the issues with buying this through a foreign website as well as the PayPal issue, looks problematic to me.

grumbler

bigadaj wrote: »

Don't think cab were aware of the issues with buying this through a foreign website ....

It's not very clear how 'foreign' this company is and whether UK law is or isn't applicable.
Apple is a 'foreign' company too.

Reme86

The issues and fear of it breaking were the reason for only usingf it lightly. it was constantly overheating, but that wasnt a valid reason for a refund. so we tried to be careful, but look where we are.

Reme86

when we payed it was to their london address, and it says their address is in london on their website, regardless of where stock is held, their london locastion is liable.