UPS My Choice fraudulent delivery - also waiver of rights?

WhizzKid

And GoPro have finally responded. "They couldn't possibly discuss it with UPS. Can I contact UPS please?"
I think I'll contact my card provider and ask for a chargeback on the basis that goods weren't delivered.
It would be nice to let the UPS Southampton depot know they have a criminal working there though. But I have seemingly no way to get any information to them. All cals to UPS are routed to the US and with a time delay on the call and often someone for whom English is still tricky it is a bit too much for my blood pressure.

Manxman_in_exile

WhizzKid said:

... It would be nice to let the UPS Southampton depot know they have a criminal working there though. But I have seemingly no way to get any information to them. All cals to UPS are routed to the US ...

Are you saying it is impossible to contact UPS in the UK and that you can only contact them in the US?

(Sorry - what you say might very well be correct but it seems very strange to me... )

=============================================

And just to add to what others have said:

(1) your complaint is with Go Pro and not UPS because it's Go Pro you bought from.  The problem you have is that your purchase seems to be subject to US consumer law (if such a thing even exists) and not any UK consumer protection legislation.

I doubt anybody here knows what obligations GoPro have to you under US contract law or how you would enforce them from the UK.

(2) as @NBLondon pointed out, the bit quoted by @born_again from the UPS T&Cs refers to the shipper (GoPro) waiving their rights against UPS, not the recipient (you).

(3) try a chargeback or a s75 claim.  You won't be eligible for a s75 claim if it was a business purchase unless you are a sole trader.  (Or at least that's my understanding - I may be wrong... )

WhizzKid

I have confirmed my suspicions. All customer service numbers for UPS in the UK route to the US. Again agents who struggle with English.
Again UPS have directed me to a claim form, via a variety of links from each agent, that immediately says that I have no rights to raise a claim as they are waived. Pointing out to them the details of the T&Cs that I am not the shipper, but the recipient falls on very deaf ears.

On a positive note, my card issuing bank, Cater Allen, have been wonderful, fully understand my issues and will be initiating a chargeback. I hope it completes.

The bottom line really has to be, don't ever, ever, ever, sign up for the perceived convenience of UPS's MyChoice product.

Farfetch1

WhizzKid said:

I have confirmed my suspicions. All customer service numbers for UPS in the UK route to the US. Again agents who struggle with English.
Again UPS have directed me to a claim form, via a variety of links from each agent, that immediately says that I have no rights to raise a claim as they are waived. Pointing out to them the details of the T&Cs that I am not the shipper, but the recipient falls on very deaf ears.

On a positive note, my card issuing bank, Cater Allen, have been wonderful, fully understand my issues and will be initiating a chargeback. I hope it completes.

The bottom line really has to be, don't ever, ever, ever, sign up for the perceived convenience of UPS's MyChoice product.

The issue isn't the MyChoice app, it's that you didn't force it with the entity that you have legal rights with, GoPro.

Manxman_in_exile

Farfetch1 said:

WhizzKid said:

I have confirmed my suspicions. All customer service numbers for UPS in the UK route to the US. Again agents who struggle with English.
Again UPS have directed me to a claim form, via a variety of links from each agent, that immediately says that I have no rights to raise a claim as they are waived. Pointing out to them the details of the T&Cs that I am not the shipper, but the recipient falls on very deaf ears.

On a positive note, my card issuing bank, Cater Allen, have been wonderful, fully understand my issues and will be initiating a chargeback. I hope it completes.

The bottom line really has to be, don't ever, ever, ever, sign up for the perceived convenience of UPS's MyChoice product.

The issue isn't the MyChoice app, it's that you didn't force it with the entity that you have legal rights with, GoPro.

I don't think it's either (a) an issue with MyChoice or (b) that the OP didn't pursue their legal rights against GoPro.

If you go back through the thread you'll see that the OP's legal rights are defined by the laws of the State of California because we are no longer a EU member state.

The OP's problem was caused by making a purchase that wasn't covered by UK consumer legislation. 

See article 16 here which @user1977 linked to in a post on 30 November.  Article 3 also transfers the risk of loss to the purchaser after GoPro deliver the goods to their carrier.  Terms of Use | GoPro

WhizzKid

CaterAllen bank were extremely supportive and have issued me a refund after requesting a chargeback.
Whilst I realise the retailer can dispute this, I am hoping this is the end of it.
I can certainly recommend Cater Allen for business banking. I have found them to be always extremely good.