Pixmania problems - a warning

superscaper

DrScotsman wrote: »

Is that definitely true?

S75: "If the debtor ... has ... any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor."

You said it yourself, Pixmania aren't liable under the British SOGA, only a French equivalent. By the wording of section 75, if you don't have a claim against Pixmania under UK SOGA then you won't have one against the credit card company.

Don't get me wrong, I really want you to be correct, and I know it doesn't make a wad of sense that a British credit card company could be held to French law in a British court, but that's how the section reads to me.

Yes it's definitely true, just look at the Q&As on this very site.

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

The only thing I was dubious about (but didn't mention) was the fact it was through paypal, and it seems that does scupper any claims with section 75. If the OP had paid directly with the credit card they'd be covered no matter where in the world it was purchased from. It goes beyond that to any form of credit facility (e.g. paid with overdraft on bank account).

DrScotsman

superscaper wrote: »

Yes it's definitely true, just look at the Q&As on this very site.

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

Um, help me out here. All MSE seems to say is that section 75 applies on overseas purchases, it doesn't say if the CC company can be held to a UK sale law for a foreign sale. I think the wording on that page reckons that most people in a situation to use section 75 on a foreign purchase will have an obvious breach of contract in any jurisdiction (like non-delivery or dead on arrival goods), hence why it's put so simply.

Will look at the Court of Appeal case Martin mentioned in a bit.

superscaper

DrScotsman wrote: »

Um, help me out here. All MSE seems to say is that section 75 applies on overseas purchases, it doesn't say if the CC company can be held to a UK sale law for a foreign sale. I think the wording on that page reckons that most people in a situation to use section 75 on a foreign purchase will have an obvious breach of contract in any jurisdiction (like non-delivery or dead on arrival goods), hence why it's put so simply.

Will look at the Court of Appeal case Martin mentioned in a bit.

All moot in this case anyway, but I remember the advice being that the UK credit card was liable under UK laws even if the goods paid with it were from overseas. Equivalent to buying something from a UK dropshipper who imports the items and holding the UK dropshipper liable under UK laws.

masai_2

superscaper wrote: »

There isn't an EU law as such, there's a directive which is implemented in each country. In UK it's implemented as the Sale of Goods Act. You'd basically need to find out France's equivalent and implementation of the directive.

From UK side of things I think you may have luck with the Credit Consumer Act (section 75) if it was more than £100 used on the credit card. Then you can pursue your credit card under the same conditions as the Sale of Goods Act as if they were the retailer since they're equally liable. Whether in practice it's a huge fight and struggle to pursue is another matter.

Thanks for the info mate, but OlliesDad doesnt think section 75 applies as I used paypal? Paypal took most of the money for the transaction from my Master Card credit card.

OlliesDad wrote: »

Section 75 won't cover you as the payment was done through PayPal.

You may have recourse under french law, but getting them to do anything may be difficult.

superscaper

masai wrote: »

Thanks for the info mate, but OlliesDad doesnt think section 75 applies as I used paypal? Paypal took most of the money for the transaction from my Master Card credit card.

See my post above:
"The only thing I was dubious about (but didn't mention) was the fact it was through paypal, and it seems that does scupper any claims with section 75. "

May be some useful contacts/jumping points here: http://www.consumerdirect.gov.uk/after_you_buy/online_shopping/overseas-problems/

masai_2

superscaper wrote: »

See my post above:
"The only thing I was dubious about (but didn't mention) was the fact it was through paypal, and it seems that does scupper any claims with section 75. "

May be some useful contacts/jumping points here: /QUOTE]

Thanks for the link, I'll contact European Consumer Centres Network (ECC-Net) if pixmania dont play ball. Will post back on Monday, after I hear back from pixmania hoefully.

Wasn't expecting such quick, helpful comments! Thanks guys, I'll be sticking around this helpful community. I hope I can one day return the favour.

masai_2

Just a quick update....

I called them yesterday and they received the TV on Tuesday and are waiting for an engineer to inspect it.
I asked again about the warranty situation and the guy I spoke to said YES IT HAS A 2 YEAR WARRANTY! and as long as it wasn't accidently damaged they will repair it free of charge. I asked for that in writing and I received an email from them saying, "This email is to confirm that your TV is covered by a 2 year warrenty."

Fingers crossed it all works out and we get out telly back in time for the world cup!

gradiant

Hi guys,
I have wrote an email to Pixmania to get details about an out of stock. I would like to post the message here and let's see what they are going to do. I am just another costumer like you with the same issue. Fingers crossed!

Dear Pixmania,

please check this order with this number: xxxxxxxxxxxx

It is my very first time that I am buying a item from you and I was quite pleased that I found a good and reasonable price of this item, but I have a few concerned if I will be able to get this item. I checked the status on your website to find out when is the date of dispatch and with a bad surprise I found that my item is out of stock. I am wondering why you are selling goods even with out having them in stock. What is the next step? I have made some research I found many complaints about your service and this freaks me not just a bit. I am a very good buyer, especially from Amazon and I have so many good track references about my purchases. I also enjoy write reviews on the service, products and professionalism from the seller. I hope not to be forces to write bad report about your service in every UK forums. So please reply to this message as soon as possible with a status of the order in details. I would like to know if this item is still due to arrive or if there is no possibility to get it. I would like feedback from you.

I believe to get a response from you soon.

Regards,

Joseph C.

ps: this message is also posted on this forum:



I will post their replay here, of course!

superscaper

gradiant wrote: »

Hi guys,
I have wrote an email to Pixmania to get details about an out of stock. I would like to post the message here and let's see what they are going to do. I am just another costumer like you with the same issue. Fingers crossed!

Dear Pixmania,

please check this order with this number: xxxxxxxxxxxx

It is my very first time that I am buying a item from you and I was quite pleased that I found a good and reasonable price of this item, but I have a few concerned if I will be able to get this item. I checked the status on your website to find out when is the date of dispatch and with a bad surprise I found that my item is out of stock. I am wondering why you are selling goods even with out having them in stock. What is the next step? I have made some research I found many complaints about your service and this freaks me not just a bit. I am a very good buyer, especially from Amazon and I have so many good track references about my purchases. I also enjoy write reviews on the service, products and professionalism from the seller. I hope not to be forces to write bad report about your service in every UK forums. So please reply to this message as soon as possible with a status of the order in details. I would like to know if this item is still due to arrive or if there is no possibility to get it. I would like feedback from you.

I believe to get a response from you soon.

Regards,

Joseph C.

ps: this message is also posted on this forum:



I will post their replay here, of course!

Trying not to sound too harsh but did you get someone to read the email before you sent it? Maybe I'm assuming a lot, but is English your first language? I only ask because your email is very hard to read with all the grammatical errors (missing words, sentence structure, misspellings etc) in it and I pretty much gave up halfway through and I imagine Pixmania's customer services are likely to do the same. If you send a professional/well crafted letter/email you're likely to get one back in my experience. It wouldn't surprise me if you just got some template/automated response at best as even I found it hard to understand what it was you're actually asking and expecting from them.

Pollycat

gradient, I agree with Superscaper about your letter.
It's unfortunate that you've already sent it to Pixmania.

I'm not sure what you expect to get out of telling Pixmania about research you've done on the company AFTER placing your order and threatening them with possible bad reviews.

Was the item out of stock when you placed the order?