Amazon market place faulty camera only 6 weeks old.sellar will not repair/ replace

bicc
bicc Posts: 4 Newbie
Eighth Anniversary Combo Breaker
edited 13 June 2012 at 4:18PM in Consumer rights
HI
I purchased A Video Camcorder, April 2012.

I purchased this from Smart Bargains ./ Amazon Market Place. total cost £77.30

Unfortunately it stopped working. Within 6 weeks.

I contacted Smart Bargains and Amazon. I informed them of the problem.

the reply I got from Smart Bargains was

This product has 1 year manufacture warranty and in case of any fault now, please contact the manufacture to resolve the issue.

this is completely against The Sale of Goods Act 1979 (as amended) states that when a consumer buys
goods from a trader they must be: as described; of a satisfactory quality;
and fit for any purpose made known at the time of sale to the seller.
This legislation also states that the seller, not the manufacturer, is
legally obliged to sort out a problem if the goods do not meet these
requirements.The Sale of Goods Act 1979 (as amended) says: if goods break within the
first six months after purchase then there is a presumption the goods were
faulty when sold.

I complained to both Smart Bargains and Amazon about this .

Smart Bargains never replied to any of my emails and I sent loads .
Amazon said they couldnt help. it had nothing to do with them it was a third party sellar.
I sent loads of emails to Amazon complaining that they are letting third party sellars sell items on there wedsite .
that do not comply with The Sale of Goods Act .
they didnt care. Amazon were no help at all.

Before I sent all these emails. I did actually contact the manufacture of the camera.

I phoned them and emailed them and had to send them proof of purchase.eventually they agreed to repair the camera.

the only problem was they wanted me to send it to the Czech Republic which is the nearest repair centre to the uk.

The cost to send the camera is around £15.00, which the manufacture said I will have to pay for.

This is totaly unacceptable. I am not prepared to send the camera to Czech Republic.
Not only will this cost me around £15.00 but if the camera goes missing.
Once it is out of the uk.. Then what would I do.

So I think my only option is to take Smart Bargains to the small claims court.?

my only problem with that is Amazon will not supply me with the
bussiness address of Smart Bargains .
Amazon say they cant give me that information.

so Im not sure if I can take Smart Bargains to the small claims court with out a full bussiness address. ?

the only way I know of at this moment to contact Smart Bargains is through the Amazon website . which I have done several times .
but they are just ignoring me.

so I was wondering if anyone had any ideas about how I could get my money back?
any help would be much appreciated

thanks Bicc
«1

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 13 June 2012 at 3:23PM
    You cannot take small claims court action without an address for the defendant.

    Before we dig further, can you please confirm that the people you bought from are Smart Bargains?

    (trying not to criticise spelling, but some things we have to get right ;))
  • bicc
    bicc Posts: 4 Newbie
    Eighth Anniversary Combo Breaker
    Hi wealdroam thank you for your reply .

    yes the correct spelling is Smart Bargains sorry for my misspelling not a good start.lol

    also thank you agrinnall.for looking up the address.

    this is part of my original delivery email from Amazon .

    The following items were sold by and shipped from Linacrown Ltd trading on amazon.co.uk as SMART BARGAINS in package 1 of this shipment
    so it looks like the Vat address you got is correct.:T
    I did look up Linacrown Ltd on Google the other day but I couldn't find a link to smart bargains.

    at least I have an address now thank you:T
  • Hello

    i bought a nixon d3100 from them via amazon, the goods have not arrived and i am now out of pocket. Amazon dont want to get involved and Smart Bargains are not replying to my emails.

    Does anyone know their mailing address or contact details as amazon wont provide these to me either.

    I paid by credit card so i am going to try raising it as a dispute with my credit card company.

    Any help or advice on how to deal with smart bargains or linacrown ltd would be gladly appreciated.

    A
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    I can only think you are doing something wrong with respect to Amazon. Their Safe Buying Guarantee covers items purchased from 3rd parties in the Amazon Marketplace as well as directly from Amazon:

    http://www.amazon.co.uk/gp/help/customer/display.html/?nodeId=3149571

    You need to file a claim with Amazon a.s.a.p. (using the procedures shown in the above FAQ, not by emailing them) but you need to do it pronto as you must do it within 90 days' of purchase.

    On the one occasion I claimed like this (for a 3rd-party item that never arrived) Amazon responded and refunded me very promptly.

    Unless, of course, you saw the item on Amazon, but contacted and paid the seller directly, in which case it is clearly nothing to do with Amazon.
    Je suis Charlie.
  • Thanks

    just been reading the A-Z buying guarantee and it says it does not cover digital goods so i'm not sure if this includes digital cameras or not???


    A
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    madmazza35 wrote: »
    Thanks

    just been reading the A-Z buying guarantee and it says it does not cover digital goods so i'm not sure if this includes digital cameras or not???


    A

    I'm pretty sure that just means stuff you can copy like DVD's and software. The item they refunded for me was some computer memory, so that's pretty digital!

    Either way, it don't hurt to try!
    Je suis Charlie.
  • fluffymuffy
    fluffymuffy Posts: 3,424 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I bought an icecream maker from an Amazon market place trader - which never arrived. I wasted a lot of emails trying to find where it was and finally I opened a dispute with Amazon. Kicked myself for not doing that in the first place. It simply said "Click here for a refund"....duh
    I am the Cat who walks alone
  • bicc
    bicc Posts: 4 Newbie
    Eighth Anniversary Combo Breaker
    Hi this is part of my email I got from Smart Bargains.

    The following items were sold by and shipped from Linacrown Ltd trading on amazon.co.uk as SMART BARGAINS

    your email should be much the same

    the Address of Smart Bargains. is

    LINACROWN LTD
    UNIT 6
    PACIFIC WHARF
    HERTFORD ROAD
    BARKING
    IG11 8BL

    Amazon do not want to get involved in Market Place Traders.

    but they happily take the commission from them.

    go on to the Amazon website. click on your orders find the Camera.

    you should be able to file a claim.

    I wouldnt buy anything from Amazon market place again.
    well not anything that could break down.
    its not worth the hassle.
    I know that most of them are probably ok and you wouldnt have any problems.
    but I wouldnt take the chance especially when Amazon refuse to do anything.
    If you buy anything from Amazon Market Place and it goes faulty after 30 days you could be on your own if the market place trader refuses to help.
    you will have to send the item to the manafacturer where ever that might be at your own cost.
    Just an update from, last week .
    I am currently taking Smart Bargains.to the small claims
    court.



    .
  • I've found Amazon completely useless as well. I bought a bed from Comfy Living through Amazon's website. It was really poor quality and two of the bed slats broke 3 weeks after we had assembled it - my husband is good at doing this sort of thing, so he hadn't put it together badly!

    It took me a few days to work out how to contact Comfy Living through Amazon - when I got a reply they said it was after 30 days and refused to refund me!

    I've argued this with them and Amazon and both refuse to do anything. Amazon will only refund if you either don't receive the goods or receive something different to what you've ordered.

    This has taught me never to buy off Amazon ever again.

    I am at present taking Comfy Living to the small claims court - this company has really been nasty and because I've made reviews on them online and said things on my Twitter a/c - they've accused me of making slanderous comments! Do not buy anything from this company they are really bad. Seems Amazon likes to get its money from encouraging bad companies.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    bicc wrote: »
    Hi this is part of my email I got from Smart Bargains.

    The following items were sold by and shipped from Linacrown Ltd trading on amazon.co.uk as SMART BARGAINS

    your email should be much the same

    the Address of Smart Bargains. is

    LINACROWN LTD
    UNIT 6
    PACIFIC WHARF
    HERTFORD ROAD
    BARKING
    IG11 8BL

    Amazon do not want to get involved in Market Place Traders.

    but they happily take the commission from them.

    go on to the Amazon website. click on your orders find the Camera.

    you should be able to file a claim.

    I wouldnt buy anything from Amazon market place again.
    well not anything that could break down.
    its not worth the hassle.
    I know that most of them are probably ok and you wouldnt have any problems.
    but I wouldnt take the chance especially when Amazon refuse to do anything.
    If you buy anything from Amazon Market Place and it goes faulty after 30 days you could be on your own if the market place trader refuses to help.
    you will have to send the item to the manafacturer where ever that might be at your own cost.
    Just an update from, last week .
    I am currently taking Smart Bargains.to the small claims
    court.



    .

    You are making no sense. You have the evidence above that Amazon will refund for orders placed in the MarketPlace. Have you actually tried it? I mean properly, using the procedure set out by Amazon, not just avalanching them with moaning emails?

    What Amazon says is this: "If your item becomes defective more than 30 days past the dispatch date and it is under warranty, you might also want to consider contacting the manufacturer for repair or replacement."

    In no way does that say that you can't request a refund from Amazon.

    And originally you told us that you didn't have the seller's address, and now it turns out you had it all along.

    Bringing a claim in the small claims court isn't difficult, but there are procedures to follow, so to be successful you are going to have to be a lot more logical and organised than you appear to have been so far.

    Incidentally I agree about the Amazon Marketplace, I don't use it any more because of hassle, high postage costs and slow delivery. eBay is much, much better.
    Je suis Charlie.
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