Returning Faulty Replacement and My Rights?

StuBridges

Please excuse the duplication as I'm unsure the best place to Post this.

I have bought a pair of wellies through Amazon... and they leak (used once, manufacturing imperfection not damage).
They have been returned within the 30 day period offered by the seller and replacements sent out.... which also leak from the same seam. Again manufacturing imperfection. I have returned them (unworn, within a week) and asked for a refund as it appears that it is a design/ manufacturing problem.
The supplier is refusing to refund claiming the initial 30 days has expired. (There is a six month warranty). Amazon has said the same. The supplier is no longer in communication and holds the boots and the money.
Should the refund policy not reset to when I receive the replacement pair. What are my rights?
SB

hollydays

How did you pay?
I do find some amazon sellers are very poor these days.

StuBridges

Paid by Debit Card, If the worst comes to the worse then I'm hoping a refund through my Account provider.
SB

hollydays

Did you send the item back tracked, or does the seller admit receipt of them?
Have you filled a-z return claim with Amazon

StuBridges

Tracked got there 28th April, And filled out the a-z return. their answer was that I was outside the 30 days. from first item delivery.

Rainbowgirl84

I'd point out to them you had one repair/replacement and therefore you are entitled to a refund under Consumer Rights Act 2015.

unholyangel

Also to add that under the consumer rights act:

(3)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.

(6)If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(7)If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

(a)7 days after the waiting period ends, or

(b)if later, the original time limit for exercising that right, extended by the waiting period.

(8)The waiting period—

(a)begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

(b)ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

So the clock stops when you agreed to their replacement and doesn't begin again until you receive the replacement goods. Its possible you're still within the original time limit to exercise the short term right to reject.

And as above, by law - they're only allowed 1 attempt to repair/replace before you can insist on a refund. (assuming all amazon marketplace sellers are UK sellers).