Sale Of Goods Query

[bainbrig]

Bought something from Amazon (actually from an 'Amazon Seller'). Went wrong after some months. Seller says not his responsibility, as his 'returns policy' is limited to returned goods within 30 days. Amazon are helpful, up to a point, and are saying I could put in a claim to them for full reimbursement (not that they're saying it will succeed).

In law, is the original seller within his rights to deny responsibility? The manufacturer give a 12 month warranty with the item, but they redirect me to the seller.

What is the law on this, please?

Thanks.

Billy B.

[Flonska]

These links should help you understand your rights and what you can do in respect of the faulty goods and to whom you should make your claim.

http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

[gingejbee]

Your contract is with the seller and it's in his court. He seems to be confusing returning goods because you change your mind or they don't fit etc (in which case 30 days is the norm)...with goods that develop a fault. Quite different.

[Buenchico]

With faulty goods a seller is only obliged to provide a refund if you reject them within 30 days. (So the seller is, in part, correct).

However for six months after purchase he is still obliged to repair or replace such faulty items. (He can, of course, offer a refund instead but he's no longer obliged to).

Thereafter the seller remains obliged to repair or replace the goods if they fail due to an 'inherent fault' (i.e. something which was actually wrong with the goods at the time of purchase, such as the use of poor quality components or workmanship) but only if the purchaser can prove (e.g. by obtaining an independent report) that it was, indeed, an 'inherent fault' which caused the problem.

Any statement which tries to cut across your rights (such as "Nothing to do with me after 30 days, guv") contravenes the provisions of Schedule 2 of the Consumer Rights Act 2015 (as brought into effect under Section 62 of that Act) and is thus both unlawful and invalid.

As has been stated above, your contract is normally with the seller and not with the manufacturer. However under Section 30 of the Act you have an additional contract with a guarantor (in this case the manufacturer), who is obliged to meet the terms of the guarantee offered by him.

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

[bainbrig]

Thanks for the useful answers. It's often a problem with Amazon and their 'sellers' - too easy to blame someone else.

Finally spoke to the manufacturer (Sony) who were very helpful and have now taken delivery of the item for repair or replacement.

Billy

[hc4361]

Glad you've got it sorted, Billy

[trt]

What actually was it brig, and how much did u pay?

[bainbrig]

Sony Bluetooth Speaker, SRSX55, £109. (When it works, it's fine!)

[bainbrig]

Just to conclude the story, Sony couldn't fix the SRS, so sent me the next model up, the SRS ZR5, which is fine (although doesn't have batteries). All under warranty, so no complaints.