Quote:
Originally Posted by tvuongpham
Interesting thank you for you input. And translation of Canadian law. :-)
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If it helps you, checking American law:
"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.