Who is legally responsible for my order?

Paul517001

I've got a faulty product which needs returning for a refund on the grounds that it broke after just 5 weeks. Basicly it wasn't fit for purpose as advertised. Anyway on calling the company I bought it from, they informed me that they can't authorize a refund because the item, although purchased from their website on my account with them, was actually supplied by another company. What they refer to as trusted partners. They said that I need to deal with them.
What I want to know is,
1 ..... who is my contract of sale actually with, the company my account is with or the trusted partner?
2 ..... Am I entitled to a full refund due to the goods breaking down so quick and not being fit for the job.
3 ..... Does the seller have to pay for the return of the item.

Thx :-)

wealdroam

Are you talking about Amazon?

If you bought from a marketplace seller on Amazon, then your contract is with that seller, although Amazon often try to help.

The answers to your other questions are a bit more complicated.
Probably best you read MSE's Consumer Rights guide, and then come back with further questions.

In the meantime, a first stab at your questions:

1) answered above.

2) Depending on the product, five weeks may be a long time or a short time.

2) if you are claiming under warranty, then the answer depends on the term of the warranty. If the product has been accepted, in Sale of Goods Act terms, then, assuming the problem is due to an inherent fault, then the seller must cover all cost of providing the remedy.

Paul517001

The company is Tescodirect, the product was a treadmill.

daytona0

Paul517001 wrote: »

The company is Tescodirect, the product was a treadmill.

Just pulled up the website and this is clearly a merchant platform which just so happens to rely quite heavily on Tesco's own listings. They have what they call "approved partners" who are clearly non-Tesco companies. From your post it sounds like you have indeed NOT bought directly from Tesco, but rather from one of the approved partners:

http://www.tesco.com/direct/partners-directory/?icid=TVs_Tesco%20Partners_165400038


1. Your contract of sale is going to be with the approved partner

2. Depends on some factors, but if it is not fit for purpose then you are entitled to AT LEAST a repair, replacement or refund at the seller's choice. You may even be able to push for your preferred resolution. You may have to return it for testing before any such resolution.

3. Yes, if SOGA resolution used. It might be easy, or it might be hard BUT you simply need to kick up a fuss with Tesco if the postage isn't returned and they'll likely assist you (assuming successful SOGA claim).



P.S. Also note that they have a Tesco Partner Guarantee Scheme, and I've worked for a company with a similar online setup so I know how it works in general. Usually you NEED to contact the supplier first and give them an opportunity to resolve it. The Guarantee will likely only be used when the seller does not rectify the issue or ignores you, but you do need to put in a bit of effort on your part (as Tesco aren't legally responsible for anything). Read up on this scheme and see what protection Tesco offer you.

maninthestreet

This one could run and run....

k3lvc

maninthestreet wrote: »

This one could run and run....

or not run at all given it's broken