09-17-2015, 11:44 PM | #136 | |
Bibliophagist
Posts: 35,490
Karma: 145557716
Join Date: Jul 2010
Location: Vancouver
Device: Kobo Sage, Forma, Clara HD, Lenovo M8 FHD, Paperwhite 4, Tolino epos
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"A voluntary transfer of property or of a property interest from one individual to another, made gratuitously to the recipient. The individual who makes the gift is known as the donor, and the individual to whom the gift is made is called the donee." "Delivery can only occur when the donor surrenders control of the property." Both legal definitions seems to require two persons making impossible for you to give a gift to yourself under that definition. You can trace both Canadian and American definitions back to British Common Law if you want to take the trouble. So it would appear that by claiming you received the Kobo as a gift, you were playing fast and loose with the definition of "gift". Continuing on this pseudo-legalistic path, since you intentionally made an statement which was lacking in veracity in an attempt to receive warranty service to which you might not be entitled and looking at the California statutes on fraud, the phrase "by misleading another to his prejudice" rather springs to the eye (CA civil code 1573). That comment brought to you by my favourite law student. Looking over your statements, I've seen quite a few items that were repackaged to look as if they were factory sealed down to heatshrunk plastic wrap on the package so unless you are able to demonstrate that you were the first retail purchaser of the ereader, possibly by getting your eBay vendor to supply the required evidence, I can not blame Kobo for wanting you to supply some proof that the ereader is still within the warranty period and your purchase was the original retail sale. This discussion gave me something to do while waiting for a SAN to rebuild replaced hard drives. Just damn luck that I originally set up the SAN as RAID 6 since two drives had failed and the hot spare was being used while no one noticed the emails about the failures. "The IT gal left about 5 months ago and we haven't replaced her yet but my nephew has been looking after the systems" to quote the IT manager. I had to wonder what an IT manager with no IT staff does... Lends me his watch so I can tell him what time it is comes to mind. |
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09-18-2015, 12:07 AM | #137 | |
Grand Sorcerer
Posts: 24,907
Karma: 47303748
Join Date: Jul 2011
Location: Sydney, Australia
Device: Kobo:Touch,Glo, AuraH2O, GloHD,AuraONE, ClaraHD, Libra H2O; tolinoepos
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09-18-2015, 12:24 AM | #138 | ||
Banned
Posts: 183
Karma: 2826564
Join Date: Feb 2010
Device: Kobo Aura, Kindle Paperwhite 2nd gen, Kindle KB (dead) PRS-T1, PRS 350
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Interpretation of the statue is key. Vendor and consumer intention. Not to defraud is key. Warranted valid warranty would be up to the law of the land and support of the institution. Reference; http://www.consumerreports.org/cro/m...tion/index.htm Herein the rub.. definition of retail and gift. Quote:
R6 is good, but not perfect. A valid SAN would have "call home features" and multiple contact points. I had a customer with failed hot spares and failed parity drives as well... bad juju Don't mis-understand. I had more faith in the manufacture and higher expectations of the hw manufacture.... Case in point.. i have had not follow up discussion from the Kobo product manager. I don't really expect any resolution from that.... Level headed discussions in mobileread forums make this place worth visiting... Agreed not everyone will agree about everything./ old joke: There is an OLD story about the data center of the future. This data center runs 24/7 with only a man and a dog. The man's job is to feed the dog. The dog's job is to make sure the man does not touch the computer. Last edited by tvuongpham; 09-18-2015 at 12:26 AM. |
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09-18-2015, 02:07 AM | #139 | |
Apeist
Posts: 2,126
Karma: 381090
Join Date: Oct 2008
Location: The sunny part of California
Device: Generic virtual reality story-experiential device
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09-18-2015, 02:21 AM | #140 | |
Ex-Helpdesk Junkie
Posts: 19,422
Karma: 85397180
Join Date: Nov 2012
Location: The Beaten Path, USA, Roundworld, This Side of Infinity
Device: Kindle Touch fw5.3.7 (Wifi only)
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Or are you saying the sale of a known defective unit is fraud? That would be something difficult to prove to Paypal -- the "knowingly" bit. In this case, it *seems* the OP bought from a seller that knowingly sold a defective unit. So, is that Kobo's responsibility? You seem to agree it wouldn't be Amazon's responsibility. |
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09-18-2015, 08:42 AM | #141 |
Bah, humbug!
Posts: 39,073
Karma: 157049943
Join Date: Jun 2009
Location: Chesapeake, VA, USA
Device: Kindle Oasis, iPad Pro, & a Samsung Galaxy S9.
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Moderator Notice
This thread is going nowhere fast and is therefore being closed. SameerH has already offered his help as an official representative of Kobo, and we suggest tvuongpham accept it instead of creating ever more threads to deal with this issue. |
Tags |
customer service, kobo aura, kobo sucks |
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