American supplier of faulty goods into the EU

[sonflowerinwales]

Hi there folks

I'm taking an unashamed advantage and advice of the wide American audience on here.

I supported a Kickstarter project for a powerful battery pack for running equipment when out in the wilds. After the usual new product delays and problems, it was delivered August 2022. When I used it in November, it fried my cell phone. After a bit off investigation, the USB data lines were live at +5v!
After many emails, their customer support acknowledged the fault and agreed to replace the battery pack, free postage etc...
I have reminded them every month since then for return shipping details, but first it was Covid staff shortages, then Christmas, then Chinese New Year, and now nothing other than "we know there is a problem, please wait".

So, my question to people living Stateside:
-> Is there a formal process or claim I can make against them to try and get either my money back or a new pack?
Thank you people
Paul

 

[Randy]

Is there a formal process or claim I can make against them to try and get either my money back or a new pack?

Real American world? Nope probably nothing other than what you've done...........Caveat Emptor

Probably wasn't made in the US anyway, just manufactured for and supplied by type of deal

 

[sonflowerinwales]

Randy, you are quite correct.
It was made in the far East and shipped from The Netherlands.
But my contract/order is with an American concern so that's where I have to start...
Cheers
Paul

 

[Colleen Cox]

Yes, there is a formal process for making a claim against a company in the United States. You can start by filing a complaint with the Better Business Bureau (BBB), which is a nonprofit organization that helps consumers resolve disputes with businesses. The BBB will review your complaint and try to mediate a resolution between you and the company.
You can also file a complaint with your state's attorney general or consumer protection agency. These agencies are responsible for enforcing consumer protection laws and can help you get a resolution to your issue.
Another option is to file a small claims lawsuit against the company. This is a legal action that allows you to seek compensation for damages or losses of up to a certain amount (which varies by state). You may want to consult with a lawyer before pursuing this option to determine if it's the best course of action for your specific situation.
Regardless of which option you choose, it's important to keep detailed records of your interactions with the company, including emails, phone calls, and any other correspondence. This will help support your case and increase your chances of getting a resolution to your issue.

 

[sonflowerinwales]

Thank you very much Colleen.
This is exactly the information and help I needed.
Tomorrow I will send them yet another email asking for an update, if their reply is not good, then it's off to the BBB.
Have a truly great weekend
Paul

 

[Randy]

Doubt that it will even make a ripple in the water, this is a Business To Business/contractural and not a consumer issue. I'd lay odds the barristers. and litigators, lawyers and their henchmen will get involved unless resolution happens before then. You'd better get someone to really read into the fine/small print.

Things are very different on this side of the pond, not quite as gentlemanly and your "supplier" will cry "We're just the middleman and had assurances of the manufacturer based on their Quality Certificate and their promisses".

 

[Colleen Cox]

Thank you very much Colleen.
This is exactly the information and help I needed.
Tomorrow I will send them yet another email asking for an update, if their reply is not good, then it's off to the BBB.
Have a truly great weekend
Paul

Happy to hear it, good luck and have a great day!