Comsumer Rights on Faulty Goods

gossfam1
gossfam1 Posts: 32 Forumite
in Consumer rights
Hello hope you can all help,

It's a small purchase, but I want to know where I stand.

I bought an aluminum brush handle from Amazon - It was described as such and I used it as intended.
The order was placed on 16th July and this was received on the 27th July. I used it for the first time last weekend and it snapped after 5 minutes of use (also injuring my hand in the process!)
I contacted the vendor on the 16th August and asked for a refund.
They won't, as I'm one day outside of the 30-day period the order was placed - despite not receiving it until the 27th)

I have quoted statutory rights that the item is not of satisfactory quality and has not lasted a reasonable length of time.
They will only replace for me - question is can I ask for a refund?

Also, should I accept a replacement, and this is no better quality also breaks quickly - what then?
Many thanks,
Andy

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    30 days start from receipt of goods, NOT from date of order. These are the two bits of legislation that apply:

    Consumer Rights Act 2015
    Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    Was it direct from amazon themselves or a marketplace seller? If its a marketplace seller, are they a UK company?

    Amazon aren't a UK company but because they're in the EU (which gives us our consumer rights), you more or less have the same rights with them as you would buying from a UK company (some differences but being able to reject the goods up to 30 days after the goods are delivered will be the same).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • macman
    macman Posts: 53,088 Forumite
    Name Dropper First Post First Anniversary
    Since the OP refers to 'contacting the vendor', then I think this was purchased on Amazon Marketplace, not Amazon UK. Contract is therefore with the vendor, not Amazon (who would have replaced it or refunded without question). Inform the vendor of their obligations under CRA.
    No free lunch, and no free laptop ;)
  • gossfam1
    gossfam1 Posts: 32 Forumite
    Thank you all..will quote the bit of legistation that states it's 30days from reciept of delivery, not as the Amazon (marketplace) vendor is quoting, 30 days from Amazon order placement!
  • arsty
    arsty Posts: 15 Forumite
    according to the consumer rights act you can reject goods that re of unsatisfied quality based on early right, but it's based only within 30 days after the purchase was made
  • Le_Kirk
    Le_Kirk Posts: 22,284 Forumite
    First Anniversary First Post Photogenic Name Dropper
    arsty wrote: »
    according to the consumer rights act you can reject goods that re of unsatisfied quality based on early right, but it's based only within 30 days after the purchase was made
    Difficult to understand what you meant but this directly contradicts what was posted earlier by DoaM taken from the Consumer Rights Act.
    DoaM wrote: »
    30 days start from receipt of goods, NOT from date of order. These are the two bits of legislation that apply:

    Consumer Rights Act 2015
    Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
    Name Dropper Photogenic First Post First Anniversary
    arsty wrote: »
    according to the consumer rights act you can reject goods that re of unsatisfied quality based on early right, but it's based only within 30 days after the purchase was made

    To expand on the excellent advice above....

    From the CRA
    The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—
    (a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,
    (b)the goods have been delivered, and
    (c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.
  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    edited 18 August 2017 at 3:29PM
    The post you quoted was slightly misguided ... the part you highlight from the CRA had already been clarified. :)

    Edit: unless that's what you meant by your comment about "excellent advice". :o
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards