Distance selling and faulty goods

frenchjaguar · 31 October 2014 at 5:16PM

[FONT=&quot]Hi[/FONT]

[FONT=&quot]I am having a problem with in Amazon marketplace seller, guess what Amazon don’t want to know about my problem …it’s all between the buyer and the seller[/FONT]

[FONT=&quot]I bought an electrical item in March this year which has now failed[/FONT]

[FONT=&quot]I contacted the seller for a return address as the item is guaranteed for 5 years, I presumed I had protection from sale of goods, there response is:[/FONT]

[FONT=&quot]We accept exchanges within the first 30 days of purchase. The liability to the retailer is 6 months from the date of the transaction. Its now month 7 from the original transaction. We're actually going by the law dictating a in person Retail sale. Goods bought online is subject to Distant Selling Regulations not Sales of Goods.[/FONT]

[FONT=&quot]Are they correct to quote liability to return to seller is only 6 months under distance seller regulations? (after 6 months the buyer must return to manufacturer)[/FONT]

[FONT=&quot]The law changed in June this rear when distance selling regulation was replaced by Consumer rights directive, which I think give the same rights as sale of goods[/FONT]

[FONT=&quot]So if you bought in March which regulations cover return of defective goods[/FONT]

[FONT=&quot]The old distance seller regulations or new Consumer rights directive?[/FONT]

[FONT=&quot]Thanks for reading and any advise much appreciated[/FONT]

bris · 31 October 2014 at 5:31PM

No, they are incorrect. This is SOGA issue and nothing to do with the old DSR or todays equivalent. SOGA still applies to internet goods, its a consumers right.

Although after 6 months they can insist you prove it's inherently faulty at time of purchase, you need an independent expert to verify this, not just that it's faulty but why it failed.

To skip this it's often easier to just go straight to the manufacturer to quickly sort the problem, this does not effect your rights for future problems.

neilmcl · 31 October 2014 at 5:32PM

frenchjaguar wrote: »

[FONT=&quot]Hi[/FONT]

[FONT=&quot]I am having a problem with in Amazon marketplace seller, guess what Amazon don’t want to know about my problem …it’s all between the buyer and the seller[/FONT]

As it should be.

As already stated, this ins't a distance selling issue, it's a SOGA one. The seller is wrong.

BTW, if there's a 5 yr guarantee one would assume this is a manufacturer's warranty, have you considered going straight to the manufacturer?

wealdroam · 31 October 2014 at 5:47PM

frenchjaguar wrote: »

Hi
I am having a problem with in Amazon marketplace seller, guess what Amazon don’t want to know about my problem …it’s all between the buyer and the seller

Amazon are right. Your statutory rights are with the seller.

frenchjaguar wrote: »

I bought an electrical item in March this year which has now failed

I contacted the seller for a return address as the item is guaranteed for 5 years,

Who is the five year guarantee with?
The seller or the manufacturer?
May be easier going direct to the manufacturer.

frenchjaguar wrote: »

I presumed I had protection from sale of goods, there response is:

We accept exchanges within the first 30 days of purchase. The liability to the retailer is 6 months from the date of the transaction. Its now month 7 from the original transaction. We're actually going by the law dictating a in person Retail sale. Goods bought online is subject to Distant Selling Regulations not Sales of Goods.

That is terrible.

Assuming this is a business seller, he is responsible for up to six years from the date of the sale.
Those responsibilities are defined in The Sale of Goods Act.

frenchjaguar wrote: »

Are they correct to quote liability to return to seller is only 6 months under distance seller regulations? (after 6 months the buyer must return to manufacturer)

The only six months thing is that after six months it is for you to prove that the goods are inherently faulty. Before that time, them the goods are assumed to be faulty at the time of sale.

frenchjaguar wrote: »

The law changed in June this rear when distance selling regulation was replaced by Consumer rights directive, which I think give the same rights as sale of goods

Your understanding is not quite right.
You need to concentrate on your rights under The Sale of Goods Act.

frenchjaguar wrote: »

So if you bought in March which regulations cover return of defective goods

The old distance seller regulations or new Consumer rights directive?[

The old DSRs... but that doesn't matter because any rights you may've had under them almost certainly no longer apply.

frenchjaguar · 31 October 2014 at 9:25PM

Many thanks for the helpful advice and fast response. It's a small, low value item that's faulty, and I'll have to return it to the manufacturer.

It's been a good learning experience. The 6 month rule will make me think twice about buying large, high value items from Amazon sellers in future, because these items are probably manufactured outside the UK. I didn't feel that Amazon really wanted to help, and paying for return shipping could be prohibitively expensive ..Perhaps I'll go back to shopping on the High Street while they still exist???

wealdroam · 31 October 2014 at 9:59PM

frenchjaguar wrote: »

Many thanks for the helpful advice and fast response. It's a small, low value item that's faulty, and I'll have to return it to the manufacturer.

It's been a good learning experience. The 6 month rule will make me think twice about buying large, high value items from Amazon sellers in future, because these items are probably manufactured outside the UK. I didn't feel that Amazon really wanted to help, and paying for return shipping could be prohibitively expensive ..Perhaps I'll go back to shopping on the High Street while they still exist???

That six month rule applies whether you purchased online or on the high street, or indeed anywhere else in the UK.

When buying online I would suggest that you perhaps have more rights than when buying in a shop.
MSE's Consumer Rights article says:

Buying on the web, mail order or from home

On top of all the other protections described above, there are major advantages to buying on the web, mail order, or simply from home. In most cases this means you have the right to cancel your order and get a refund, even if you've just changed your mind.

You are of course right to consider return costs, and it's always a good idea to consider that when making any decision to buy overseas.

Distance selling and faulty goods

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