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US Consumer Law - What's the deal with DOA faults?


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#1 Brian M.

Brian M.

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Posted 10 September 2013 - 21:16

Hi All,

 

Just in a bit of a pickle and since I'm in the UK I have no idea what my rights are - and I'd rather go down this route before I just ask Amex to do a chargeback.

 

I bought a Pebble watch, and it arrived with horrible yellow blobs on the screen - however they're refusing to do anything about it, since apparently "all LCDs are prone to developing a yellow tinge" (yeah, I thought the same thing) and they couldn't guarantee that any replacement watch wouldn't have the same (all the ones in their photos don't seem to have it!).

 

I was just wondering if anyone in the US knows of any consumer law I can use against them? Over here in the UK there's loads I can throw at them, but since they're a US company I'm not really sure what I can do.

 

Thanks!

 

 




#2 xendrome

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Posted 10 September 2013 - 21:18

Who is the vendor? And yeah I'd probably call Amex's warranty/service line and explain the situation to them.



#3 OP Brian M.

Brian M.

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Posted 10 September 2013 - 21:21

Who is the vendor? And yeah I'd probably call Amex's warranty/service line and explain the situation to them.

 

It was bought straight from Pebble (they're the guys who were famous last year from Kickstarter):

 

http://getpebble.com



#4 ILikeTobacco

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Posted 10 September 2013 - 21:22

Hi All,

 

Just in a bit of a pickle and since I'm in the UK I have no idea what my rights are - and I'd rather go down this route before I just ask Amex to do a chargeback.

 

I bought a Pebble watch, and it arrived with horrible yellow blobs on the screen - however they're refusing to do anything about it, since apparently "all LCDs are prone to developing a yellow tinge" (yeah, I thought the same thing) and they couldn't guarantee that any replacement watch wouldn't have the same (all the ones in their photos don't seem to have it!).

 

I was just wondering if anyone in the US knows of any consumer law I can use against them? Over here in the UK there's loads I can throw at them, but since they're a US company I'm not really sure what I can do.

 

Thanks!

Not sure if this has the answer you are looking for but some links that may help.

 

http://www.consumerr...urn-gotchas.htm

http://www.consumerr...umer-rights.htm



#5 ILikeTobacco

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Posted 10 September 2013 - 21:23

Also, straight from their site, highlighted the important part.

 

We will, at our option, refund the purchase price of the product. 

This warranty does not apply: (i) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (ii) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (iii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, use in an unapproved device or if the serial number has been removed; (iv) to damage caused by operating the product outside the permitted or intended uses described by Pebble; (v) to damage caused by use with non-Pebble products; (vi) to any non-Pebble hardware products or any software, even if packaged or sold with Pebble hardware.