07-30-13 01:24 AM
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  1. Asdic Ping's Avatar
    "The OP could not avail himself of the relief provided by EU/German law".

    There is an EU Directive that gives a statutory 2 year warranty on goods purchased in EU member countries. The only exception to this is in the UK.. Under UK law, buyers in England and Wales can get a partial refund or full repair up to six years after the purchase was made (five years from discovery in Scotland). The refund should take into account how much use the customer has already had of a product. Ultimately, a county court would decide this. However, the likelihood of getting such a refund is dramatically reduced after just six months. The reason is that for six months after the purchase, it is up to the retailer to show that a fault on an item is down to the actions or misuse of the buyer, rather than an inherent fault in the product. After six months, the burden of proof switches to the buyer and it is they who must then show a fault is due to some inherent problem, something that can be almost impossible in all but the most straightforward cases. It should be noted that most manufacturers provide a 12 month warranty on their products.

    The EU Directive has been used successfully in the UK but retailers in a lot of cases will refer to UK consumer law which is meant to provide better protection.

    I'll leave it to others to decide whether you could successfully get a refund in the UK on your Playbook because Blackberry have now decided not to release BB10 for the PB.
    sbndrf likes this.
    07-02-13 04:14 AM
  2. sbndrf's Avatar
    There is an EU Directive that gives a statutory 2 year warranty on goods purchased in EU member countries. The only exception to this is in the UK.. Under UK law, buyers in England and Wales can get a partial refund or full repair up to six years after the purchase was made (five years from discovery in Scotland). The refund should take into account how much use the customer has already had of a product. Ultimately, a county court would decide this. However, the likelihood of getting such a refund is dramatically reduced after just six months. The reason is that for six months after the purchase, it is up to the retailer to show that a fault on an item is down to the actions or misuse of the buyer, rather than an inherent fault in the product. After six months, the burden of proof switches to the buyer and it is they who must then show a fault is due to some inherent problem, something that can be almost impossible in all but the most straightforward cases. It should be noted that most manufacturers provide a 12 month warranty on their products.
    Thanks for pointing out that the German warranty law is an incarnation of an EU Directive. I could also have claimed a partial refund for the PlayBook, however, I don't know how to quantify the impact of the lack of BB10. I chose to go the way most likely to prevent involving a court. I think Amazon's goodwill is also playing a big role in this.

    The 6 months mark changing the burden of proof is another good point customers should know. Luckily, BBRY's statements are well documented.

    About the 12 month "warranty" given by manufacturers: I think that's not a warranty but rather a guarantee, i.e, it holds unconditionally. If I remember right warranties are given by law and thus are mandatory whereas guarantees are an optional addition given be manufacturers / retailers / your credit card issuer / ...
    07-02-13 04:34 AM
  3. Thie rry's Avatar
    Thank you for your informations to people lives in UK, but what about in France ?

    I think it will be nice to create a new topic to know what possibilitis people have by country.

    I.e
    " the how-to kit of refund "
    Date of buy :
    Country :
    Place of buy :
    Garantie sentens to aply :
    Law in the country to aply :
    The direct contact/service to reach :

    Maybe it will be a precious help guide.

    What do you think ?
    07-02-13 04:59 AM
  4. Asdic Ping's Avatar
    About the 12 month "warranty" given by manufacturers: I think that's not a warranty but rather a guarantee, i.e, it holds unconditionally. If I remember right warranties are given by law and thus are mandatory whereas guarantees are an optional addition given be manufacturers / retailers / your credit card issuer / ...
    Not sure about the difference between warranty and guarantee, but the fact that you mention credit card in your reply brings up another option for PB owners to pursue a refund in the UK if they wish. When you use your credit card to pay for goods or services between 100 and 30,000, Section 75 of the Consumer Credit Act 1974 holds your credit card provider ‘jointly and severally’ responsible for your purchase. This means that you have the right to claim a refund from your credit card provider if there is a problem with the goods or services you ordered. There is no time limit for making a Section 75 claim, however if you're unhappy with how the claim is handled you have just 6 years in which to pursue your credit card provider through the courts.
    07-02-13 05:09 AM
  5. ABitterman's Avatar
    I purchased my Playbook from Currys in the UK. When I purchased it the description next to the Playbook was that it would be upgraded to BB10 in the near future. Does this not constitute a breach of contract if it is no longer going to be upgraded and therefore a full refund should be given?
    07-02-13 10:51 AM
  6. FF22's Avatar
    I purchased my Playbook from Currys in the UK. When I purchased it the description next to the Playbook was that it would be upgraded to BB10 in the near future. Does this not constitute a breach of contract if it is no longer going to be upgraded and therefore a full refund should be given?
    It would depend on UK laws. Did they really have that sign? Very interesting!!!!
    07-02-13 11:42 AM
  7. BBThemes's Avatar
    I purchased my Playbook from Currys in the UK. When I purchased it the description next to the Playbook was that it would be upgraded to BB10 in the near future. Does this not constitute a breach of contract if it is no longer going to be upgraded and therefore a full refund should be given?
    I'd imagine if u can prove the sign said that then u probably are able to get some sort of recompense although it's always weird with rip off Britain laws. Worst case u could go on watchdog haha

    Posted via CB10
    07-02-13 11:55 AM
  8. Wongsky's Avatar
    I purchased my Playbook from Currys in the UK. When I purchased it the description next to the Playbook was that it would be upgraded to BB10 in the near future. Does this not constitute a breach of contract if it is no longer going to be upgraded and therefore a full refund should be given?
    Have you still got proof of the sign / description used in store to advertise the PlayBook? Because if so, sounds reasonable grounds for those that bought under those conditions, and now no longer want it, to return for refund - but proof would probably be key, plus I'm sure retailers would quibble quite a bit and you'd need to be rather forthright and insistent (maybe small claims or CAB assistance) to get anywhere.

    I am not a lawyer, though, nor have I ever played one on TV, but if there definitely was some sign in-store on the display where you bought it from, sounds like you may have a smoking gun.

    I also bought from Currys - albeit from their website, and am not interested in returning mine, my parents bought in store, though - but again, they wouldn't have the slightest interest in returning theirs, either.
    Last edited by Wongsky; 07-30-13 at 05:05 AM.
    07-02-13 12:09 PM
  9. ABitterman's Avatar
    There certainly was a little card at the side of the tablet in the shop which displayed the price and info including that it would be upgradable to BB10, I doubt it's still there though and I have no proof of it now. Might call into a shop tomorrow and see if its still on display!!
    07-02-13 12:13 PM
  10. WeAreNotAlone's Avatar
    I purchased my Playbook from Currys in the UK. When I purchased it the description next to the Playbook was that it would be upgraded to BB10 in the near future. Does this not constitute a breach of contract if it is no longer going to be upgraded and therefore a full refund should be given?
    There certainly was a little card at the side of the tablet in the shop which displayed the price and info including that it would be upgradable to BB10, I doubt it's still there though and I have no proof of it now. Might call into a shop tomorrow and see if its still on display!!
    RE: purchased my Playbook from Currys in the UK. When I purchased it the description next to the Playbook was that it would be upgraded to BB10 in the near future

    Would you happen to have made a pic, or have a SCAN of what you are referring to?


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    07-30-13 01:24 AM
35 12

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