HELP: Capital One Potentially Reversing Refund After Kickstarter Scam - Botnono Project

dataworf

born_again said:

If you are purchasing form a company outside UK. You do not have any UK consumer rights. Any consumer rights are where the company is based.
Aside from that Chargebacks are over & above your consumer rights. 

Would not hold out much hope on S75 either, as Debtor Creditor link is not there. Given KickStarter have already provided their T/C

Refunds are part & parcel of the chargeback process. 


I will be actively disengaging from American companies and eliminating them from my life everywhere possible.

Has to wonder what OP is using to post?
Apple device, Computer using Microsoft or phone using Android 🤷‍♀️

Sorry but you are wrong in saying "If you are purchasing form a company outside UK. You do not have any UK consumer rights. Any consumer rights are where the company is based.".

- I do not lose my UK consumer rights when buying from a company based outside the UK, provided that company was directing its activities to the UK market - which Kickstarter do.

- I am a UK Consumer. The project creator (Melyu CHEN) is a "trader" (a person or company acting for commercial purposes). The contract is for a product, not a personal project. Therefore, the Consumer Contracts Regulations 2013 apply.

- Kickstarter undeniably directs activates to the UK. They have a UK presence, price in GBP, and actively market to UK consumers. This is the hook that brings the US-based platform and any non-UK creator under the jurisdiction of UK consumer law.

- Kickstarter's Terms and Conditions vs. My Statutory Rights: a company's terms and conditions cannot override my statutory rights. The Consumer Rights Act 2015 explicitly states that any term in a contract which is "unfair" is not binding on the consumer. A term that attempts to absolve a platform of all responsibility while it profits from a transaction is a prime example of an unfair term. This is 100% correct.

Thank you for this clarification. It has significantly improved my understanding of my legal rights and provided invaluable insight into additional specific legislation that protects me.

In response to your question - what am I using to post?
A product of global cooperation and innovation - something you might want to look into. The chip is Taiwanese, the design is Californian, the assembly was in China, and the rights I'm enjoying are British.

Regards,

Simple dignity and respect.

Brie

"I do not live in America, I am not American, I have not made this purchase in America - Simply put, American laws do not apply to me in this situation."

Ok but when you buy something from the US (or China or lots of other countries) UK consumer rights don't normally apply either.  Because you haven't purchased something from a UK company.

dataworf

Alderbank said:

I had assumed he must use Linux. 

However I don't know what browser he uses - most are based on Chrome or Firefox (both US companies).

His chosen bank is Capital One.
Sadly, Capital One is a US company. It's one of the largest banks in the United States and is headquartered in Tyson, Virginia.

Sorry but your comparison doesn't hold up. The fact that some browsers are American has no bearing on international law.

Chrome is a global product built by a multinational corporation that happens to be headquartered in the United States. Its operations, legal obligations, and user base are international.

Firefox is a global public resource stewarded by a non-profit foundation. It is built by a global community and is philosophically opposed to nationalistic claims on the internet. Its American legal registration is a formality, not a reflection of its character.

My negative experiences with a few American companies should not be a reflection on all of them. I simply expect a basic level of dignity and respect.

The world is not built of America, America is built of the world. This is why America is great and what a lot of its own population have forgotten.

eskbanker

dataworf said:
Sorry but your comparison doesn't hold up. The fact that some browsers are American has no bearing on international law.

Unfortunately, you're not in any position to try to educate others in international law if you're still under the impression that UK consumer legislation applies to a transaction under US legal jurisdiction, while failing to provide any support for your assertions!

dataworf

Brie said:

"I do not live in America, I am not American, I have not made this purchase in America - Simply put, American laws do not apply to me in this situation."

Ok but when you buy something from the US (or China or lots of other countries) UK consumer rights don't normally apply either.  Because you haven't purchased something from a UK company.

- Kickstarter undeniably directs activates to the UK. They have a UK presence, price in GBP, and actively market to UK consumers. This is the hook that brings the US-based platform and any non-UK creator under the jurisdiction of UK consumer law.

dataworf

eskbanker said:

dataworf said:
Sorry but your comparison doesn't hold up. The fact that some browsers are American has no bearing on international law.

Unfortunately, you're not in any position to try to educate others in international law if you're still under the impression that UK consumer legislation applies to a transaction under US legal jurisdiction, while failing to provide any support for your assertions!

As already stated.

- Kickstarter undeniably directs activates to the UK. They have a UK presence, price in GBP, and actively market to UK consumers. This is the hook that brings the US-based platform and any non-UK creator under the jurisdiction of UK consumer law.

powerful_Rogue

dataworf said:

Brie said:

"I do not live in America, I am not American, I have not made this purchase in America - Simply put, American laws do not apply to me in this situation."

Ok but when you buy something from the US (or China or lots of other countries) UK consumer rights don't normally apply either.  Because you haven't purchased something from a UK company.

- Kickstarter undeniably directs activates to the UK. They have a UK presence, price in GBP, and actively market to UK consumers. This is the hook that brings the US-based platform and any non-UK creator under the jurisdiction of UK consumer law.

Nope,still wrong. 

That argument is almost as ludicrous as the UK Government thinking they can apply UK laws against a US company.

https://www.bbc.co.uk/news/articles/cq68j5g2nr1o

eskbanker

dataworf said:

eskbanker said:

dataworf said:
Sorry but your comparison doesn't hold up. The fact that some browsers are American has no bearing on international law.

Unfortunately, you're not in any position to try to educate others in international law if you're still under the impression that UK consumer legislation applies to a transaction under US legal jurisdiction, while failing to provide any support for your assertions!

As already stated.

- Kickstarter undeniably directs activates to the UK. They have a UK presence, price in GBP, and actively market to UK consumers. This is the hook that brings the US-based platform and any non-UK creator under the jurisdiction of UK consumer law.

Where's your support for this assertion?  Case law, etc, not just some fools on Reddit or the like....

To reiterate, the context here is that you knowingly and willingly signed up to an agreement which includes in its 'governing law' section:

We’re located in New York, and any disputes with us have to be handled in New York under New York State law.

GingerTim

eskbanker said:

dataworf said:

eskbanker said:

dataworf said:
Sorry but your comparison doesn't hold up. The fact that some browsers are American has no bearing on international law.

Unfortunately, you're not in any position to try to educate others in international law if you're still under the impression that UK consumer legislation applies to a transaction under US legal jurisdiction, while failing to provide any support for your assertions!

As already stated.

- Kickstarter undeniably directs activates to the UK. They have a UK presence, price in GBP, and actively market to UK consumers. This is the hook that brings the US-based platform and any non-UK creator under the jurisdiction of UK consumer law.

Where's your support for this assertion?  Case law, etc, not just some fools on Reddit or the like....

Spoiler alert for the OP: there isn't any, because claiming that the domestic UK CRA applies here is legally incoherent.

You could try writing to Kickstarter to assert your rights under the CRA. Let us know how you get on.

Besides, if you have suffered fraud you will want to raise this with the (US) criminal justice system.

dataworf

eskbanker said:

dataworf said:

eskbanker said:

dataworf said:
Sorry but your comparison doesn't hold up. The fact that some browsers are American has no bearing on international law.

Unfortunately, you're not in any position to try to educate others in international law if you're still under the impression that UK consumer legislation applies to a transaction under US legal jurisdiction, while failing to provide any support for your assertions!

As already stated.

- Kickstarter undeniably directs activates to the UK. They have a UK presence, price in GBP, and actively market to UK consumers. This is the hook that brings the US-based platform and any non-UK creator under the jurisdiction of UK consumer law.

Where's your support for this assertion?  Case law, etc, not just some fools on Reddit or the like....

To reiterate, the context here is that you knowingly and willingly signed up to an agreement which includes in its 'governing law' section:

We’re located in New York, and any disputes with us have to be handled in New York under New York State law.

Does this help?