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Legal matters

Outraged by Amazon return policy

12 replies

brassick · 24/12/2010 16:26

Dh bought me a coffee machine from Amazon for my birthday (in October). About 3 days ago it stopped working - can't work out why, power is still going into the unit, but when you switch it on, nothing happens.

I went onto Amazon to find out what I need to do to get a repair / replacement, and was shocked to find that after 30 days is up, they tell you to deal directly with the manufacturer.

I am not a legal expert, but my understanding of the Sale of Goods act is that my contract is with the retailer, NOT the manufacturer, and it is therefore up to them to deal with my problem. Also if something becomes faulty within 6 months, it is their responsibility to prove that the item wasn't faulty when I received it, and to repair or replace it as necessary.

Their whole website is geared up to returns only within 30 days, and it has taken me at least 30 minutes to work out how to send them an email to ask them to sort this out.

Anyone else had a similar problem? What was the outcome?

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PrincessScrumpy · 24/12/2010 16:41

TBH you'll probably have more luck dealing with the manufacturer. If you by a Dyson vacuume cleaner you always deal with Dyson no-matter where you get it from. My experience was that the manufacturer was fab and really helpful.

I'm not a legal expert but I would have thought Amazon would be covered legally and not be breaking the law. Good luck.

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ILoveItWhenYouCallMeBoo · 24/12/2010 16:43

sounds standard to me. i think it is up to individual retailers on whetehr they deal with repairs afetr a certain time frame (30 days seems to be the case).

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Fayrazzled · 24/12/2010 17:06

brassick, I agree with your reasoning- I think legally speaking within the first 6 months following purchase, it is up to the retailer to put it right. I'd chase amazon about it.

From a pragmatic (as opposed to legal) point of view, it might be worth contacting the manufacturer though as I'd expect they may be more helpful and quicker at dealing with the issue. I'd definitely complain to amazon too though.

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brassick · 24/12/2010 17:17

It definitely is up to the retailer in the first instance, but I may well try the manufacturer as well. See who responds first...

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RustyBear · 24/12/2010 17:18

It's not up to individual retailers 'to decide whether they deal with repairs after a certain time', (though they may have a policy on what is a 'reasonable time' for you to reject the item and get a refund, as 'reasonable time' is not legally defined) it is the responsibility of the retailer to deal with it, though they do have the right to choose to repair rather than replace the item.

If you paid by credit card you may also be able to claim against the credit card company.

This page on the which website shows what you need to do.

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brassick · 24/12/2010 18:05

My understanding is that the "reasonable time" to reject the item is 30 days, which ties in with Amazon's policy. However, I am still astounded that Amazon think they can fob people off and refer them straight to the manufacturers.

People without an understanding of their rights will naturally assume that Amazon would act within the law on these things.

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jasper · 24/12/2010 18:13

I have been told exactly the same thing from two major retailers about appliances that broke after 30 days.

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RustyBear · 24/12/2010 19:26

Yes, the right to reject goods and get a refund may be 30 days (though a small claims court could still rule that a different period is 'reasonable')

But that doesn't mean that the retailer's liability ends at that point, if your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were fit for purpose ? or 'as described' ? when it sold them, and if they can't it's still the retailer, not the manufacturer, who is responsible for repairing or replacing them.

The fact that so many people don't know this is why many retailers try to fob purchasers off with the '30 days' rule - it doesn't matter what their terms and conditions say, they can't take precedence over the law.

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TheManWhoSoldtheWorld · 24/12/2010 20:03

Did you actually get a reply from Amazon?

I have found them to be really helpful. Arranged collection and replacement for my Magimix, well over 30 days after I had bought it.

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brassick · 24/12/2010 20:09

Haven't had a reply yet, but am not expecting anything in the next couple of days, for obvious reasons! Xmas Wink.

I am hoping that all of my previous good experiences with Amazon will be repeated in this case...

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frgr · 27/12/2010 18:14

if you don't get any joy from the email you sent, look online for a telephone number for them (i had it written down but have lost it, just google "say no to 0845" or some similar website and i'm sure they have a free number yu can use)

i had to return a toaster to amazon about 2 months after i bought it, it was a nightmare trying to get it returned (although they didn't try and fob me off wrt Sale of Goods act, they just sent template reply emails which didn't answer my really basic query "how do i arrange a refund outside of 30 days")... BUT the moment i got to speak to a "real" person on the phone it was sorted that day. in future i plant to just go via the telephone route now, since they can't avoid the enquiry so easily verbally! good luck!

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brassick · 30/12/2010 21:37

Well Amazon have come up trumps, they are sending me another machine & paying for the old one to be returned by DHL.

So they haven't let me down...which is pleasing.

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