US purchase - copyright issue

sanova76

Hi,


Need some advise please.

I purchased a bundle cd + digital download for my relative in USA from a US website. I've paid using my UK credit card and provided the UK billing address. Payment went through ok.

She received the physical cd and not the digital download because according to the company website, due to copyright issue, items only available to US residents which she is.

I contacted the company because I think it's not fair she only received part/half of the bundle but the company adamant because I'm the one who paid and I'm not a US citizen, they won't send the digital download. All sales are final and no refund will be given even though she only received part of it.

Is there any way to claim my money back from the credit card company? Or am I in the wrong because it did say available in the US only?

I'm aware it's only available for US customers only but I did purchase it for my relative in the US. And the payment went through and they (the company) didn't even say anything or reject the transaction.


Many thanks.

San

shaun_from_Africa

sanova76 wrote: »

I'm aware it's only available for US customers only but I did purchase it for my relative in the US. And the payment went through and they (the company) didn't even say anything or reject the transaction.

It doesn't matter that you purchased it for a US resident. You are the customer so provided their T&C's made it clear that the digital download was only available to US resident customers, I doubt that your credit card company will intervene on your behalf.

eddddy

I guess you need to read the precise wording of the terms and conditions (the contract) to see if the US website have breached the contract in any way.

(i.e. does it say "non-US customers cannot download" or "the download is not available outside the US" etc)

If the website breached the contract, you might have some recourse via the credit card company.


FWIW, if the T&Cs aren't explicit about download terms, UK law would look at "the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties".

But your contract was almost certainly made under US law, which may be different.

sanova76

This is what it says on their website:

I LIVE OUTSIDE THE US. WHY CAN’T I BUY OR ACCESS DIGITAL DOWNLOADS?

UNFORTUNATELY, DUE TO COPYRIGHT RESTRICTIONS, DIGITAL DOWNLOADS ARE NOT AVAILABLE OUTSIDE OF THE US UNLESS OTHERWISE SPECIFIED ON THE STORE.


But, I've provided my relative's email address which they can check/verified she lives in the US.

davidmcn

sanova76 wrote: »

I've provided my relative's email address which they can check/verified she lives in the US.

How would they do that?

born_again

sanova76 wrote: »

Is there any way to claim my money back from the credit card company?
San

You would only be able to claim if you have a invoice that gives a breakdown of the cost for physical & Digital parts.

I

Ectophile

born_again wrote: »

You would only be able to claim if you have a invoice that gives a breakdown of the cost for physical & Digital parts.

I

Why? Just go to the credit card company and claim the whole lot back, on the basis that you didn't get what you ordered.

DCFC79

A non issue for me, if your friend wants a digital version why not just make your own and upload it to Google music or another alternative.

stragglebod

Ectophile wrote: »

Why? Just go to the credit card company and claim the whole lot back, on the basis that you didn't get what you ordered.

Yes they did. They didn't get what they thought they ordered, but that's not the same thing.

born_again

Ectophile wrote: »

Why? Just go to the credit card company and claim the whole lot back, on the basis that you didn't get what you ordered.

Now that would be fraud. :eek:
Given that the OP stated that they got the physical copy delivered to the address it should have been.

Add in that the retailer could simply reject the chargeback on the basis they can prove delivery....

Ectophile

born_again wrote: »

Now that would be fraud. :eek:
Given that the OP stated that they got the physical copy delivered to the address it should have been.

Add in that the retailer could simply reject the chargeback on the basis they can prove delivery....

If I order something that comes in two parts, and the retailer only sends me one of them, then it's not up to me to try to work out what part of the order is worth. I didn't get what I ordered, so I want a full refund. No fraud there. If they want the part of the order they sent back, then they can have it.