purchase rights

May 03, 2022 Last reply: 4 years ago 12 Replies

One for the legal folk!



I was asked to examine a well used Pizza Oven belonging to my family. Outside any normal supplier guarantee period so not returnable.



Clamshell structure with top and bottom radiant electrical elements. Fuse blown and black smoke reported.



Bit of a struggle to get inside as the top/bottom electrical linkage prevents easy separation of the two halves.



In my view, the electrical connection arrangements were inadequate for their purpose. Plastic! connector strip. Single core sleeved wiring linking the top element to the controls.



Initial thinking was to repair using a ceramic junction strip and high temperature flexible cables. However, time costs and issues on repairing PET equipment made simple replacement more attractive!



Sadly, the identical replacement unit failed with the same symptoms after a few uses!



Beyond the 30 day return policy for Amazon supply. The supplier has provided a DPD return service slip but has not yet volunteered any return of funds for what I now consider to be unsafe domestic equipment.



What legal levers are available?



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Amazon are slippery fish when they say it's 'out of the returns period', because you aren't returning it because you didn't like the colour, you're returning it according to your statutory rights because it's faulty.

(In general there's an expectation of a two year warranty in the EU, which I assume still applies here)

If this is a marketplace sale from a third party seller as your listing, your contract is with the seller, not Amazon. Does Amazon provide you with a way to contact the seller?

It sounds like the seller has accepted the return, so what you need to make clear is you are returning it for a refund rather than a repair.

If it has been sold from Amazon themselves, contact them on chat and stand your ground and say that the Consumer Rights Act 2015 says that it must be of satisfactory quality and last for two years. I had to do this with a plugin RCD that cracked (not designed for being continuously powered, apparently) - they tried to give me the 'outside the returns period' runaround but I insisted my rights and they eventually accepted the return and refunded on receipt.

Theo

Watch our for return costs though! I bought something that turned out to be a cheaper copy of the advertised product from an Amazon trader. After much wrangling the seller offered a refund if I returned it. Return costs were higher than the cost of the item so not viable.

As the offer of a refund had been made, Amazon washed their hands of the affair.

Tim

Thanks for the above, Theo. Just what I need:-)

OK Tim.

A refund is not yet agreed and I am a bit twitchy about the Amazon

*solved not solved* tick boxes but we'll see how it goes!

Amazon are normally very good.

Also, if a Credit Card was used to pay for it, they should help.

Snip

CC was used. I'll send it back and see what they say. Ta.

I had a problem with a coat I bought from Amazon. It came with free return. Transpired it had to go back to China at a cost in excess of £35 which the supplier agreed to refund once he had the return. Being distrustful I appealed to Amazon and they organised a full refund and keep it. (As it was unsuitable, a charty shop got it) Whatever bad press Amazon get I would infinitely prefer to deal wih them rather than Ebay whose customer service seems to be in the Ryanair mould, (i.e) Customer non-service

I?ve found EBay very good. In countless transactions, I only had one where I lost money - under £2. Due being away I lost track of dates and didn?t chase it up it time. I?ve received refunds without any real hassle when items haven?t arrived, not been as advertised etc.

See below.

Please don't promulgate the Commission's deliberate mis-representation of the law. What the EU provided was a right to take action against a business seller for 2 years after you bought something. Since you already had 6 years in England it made no difference in law. It did /not/ mandate 2 year warranties as the term is usually understood in the UK.

It did lead some retailers to offer 2 year warranties simply to shut up the people who insisted the EU gave them the right but that's a different matter.

As for the Consumer Rights Act 2015, the right to insist on a refund rather than a repair at the first instance only applies if you are rejecting goods within 30 days of the sale. The OP is beyond that.

After that you must give the seller an opportunity to repair if they wish rather than replace.

After more than 6 months your rights change again as he burden of proof is on you to prove the product is faulty, and a refund may be partial.

Up to last month I would say *me too* for EBay. Very strange goings on over a £10.00 extractor fan non return valve.

4 Separate delivery dates promised and missed with no follow up/reason.

Supplier record appears impeccable. I have asked for a return of funds so I'll see what that brings. Evri Hermes are involved although they have been good here hitherto.

I had a wrong item, will 3 of them rather than 2 of the right one, arrive yesterday.

I Emailed the seller yesterday and again this morning. They are sending the correct items and told me to keep the others, 3 of those USB cables with magnetic ends for Micro USB, C and Apple. All in all, a good outcome. Mistakes happen and the seller has responded more than fairly.

I had a similar problem a few weeks back. I?d ordered one size of power jack and received another. The seller sent the correct ones without a fuss. They got good feedback, as will the USB cable seller assuming the cables arrive.

I rarely leave negative feedback - sellers have generally given good service. Some have been excellent, even on low value items.

In message snipped-for-privacy@marfordfarm.demon.co.uk>, Tim Lamb snipped-for-privacy@marfordfarm.demon.co.uk> writes

Hmm.. Full refunds from both E-Bay and Amazon!

>

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