Distance Selling Regulations

Ebe_Scrooge

Sorry if this is in the wrong section, but hopefully someone can answer my question.

It's simply, what are the distance selling regulations regarding customer rights ?

OK, bit of background. I bought a mobile phone from Amazon in October last year, though it was from one of their "marketplace" sellers rather than Amazon themselves.

The phone developed a fault, I emailed the seller, and was told I need to send it to the authorised repair centre. After a week, the phone came back, but still wasn't working. Off it went again, back it came again, still not working ! The phone is still within the 1 year manufacturers warranty.

Now, I've read time and again that "your contract is with the retailer, not the manufacturer". Basically I'm fed up with the repair centre not fixing the phone, so I'm going to contact the Amazon retailer and ask for a replacement.

HOWEVER, looking at their T+C on the website, it says :


"
**All items are sold with manufacturer warranty.

**In the event of a fault developing within 14 days of purchase, a replacement will be sent or a refund (If out of stock) will be issued upon receipt of the returned item and verification of the fault.

**After 14 days, the customer has to claim warranty directly from the manufacturer. Please be assured that we will not accept any item for return after 14 days of purchase due to any reason.

*The Buyer is responsible for return shipping costs and insurance in any case, whether the item is faulty or it is returded due to change of mind. The buyer must choose tracable delivery method to avoid any inconvinience in case the item is lost. "

So, can I legally expect the retailer to issue a replacement ( given that it's been "repaired" twice with no success ) ? I imagine they're going to try and hide behind their T+C's, but where do I stand ?

Sorry for the long post, but any advice gratefully received.

molerat

DSR's are not relevant as it is outsidethe timescale.

The retailer is responsible for any problems with the item. Within 6 months of purchase they have to prove that the item was not faulty from the start. Send them a letter / e-mail stating the facts and ask for a refund or replacement. If they do not play ball complain to Amazon and then Trading Standards.

Ebe_Scrooge

Thanks Molerat, I'll do as you suggest. At least I should, as you say, be able to take it up with Amazon if the seller doesn't want to play ball.

YOGI_BEAR_3

I am hoping someone can help me here.
I bought a handset from a catalogue and after about 3 months of non stop problems it was deemed faulty and I was asked to send it back so they could tery to replair it.
In the mean time I have got a contract and new handset with that.
The catalogie have noww sent back the origianl phone and want me to finish paying for it. I no longer want this handset due to the reasons given.
Do I ahve any rights at all?
I know if it was new I have 7 days under the DSR but as its a reconditioned handset (Repaired orignal) do I still have to pay for it or can I send it back?

Ebe_Scrooge

Sounds like a similar situation to me.

I'm not sure of the details, but I found this :

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

I'm not sure if this helps at all, and I don't know how the Distance Selling Regulations tie in with the Sale Of Goods act. I would have *thought* that you're covered by the SOGA no matter how you purchase something, but I could well be wrong on that. But have a read though the information on the link - it's quite wordy, but there may be something there to help :-)

wealdroam

YOGI_BEAR wrote: »

I am hoping someone can help me here.
I bought a handset from a catalogue and after about 3 months of non stop problems it was deemed faulty and I was asked to send it back so they could tery to replair it.
In the mean time I have got a contract and new handset with that.
The catalogie have noww sent back the origianl phone and want me to finish paying for it. I no longer want this handset due to the reasons given.
Do I ahve any rights at all?
I know if it was new I have 7 days under the DSR but as its a reconditioned handset (Repaired orignal) do I still have to pay for it or can I send it back?

Of course you have to continue paying for the phone.
You've had it for three months, not seven days.

Why on earth do you think you should not pay for the phone you ordered?
It has been repaired, hasn't it?