Anyone know if SOGA or consumer rights applies to Amazon sales?

hypnosisderby

Hi

I bought my daughter a 3d pen in Nov 2015 and it broke a few months ago, so as far as i know it should be covered by the SOGA in that after 6 months i a mentitled to a repair or replacement.

Ive contacted both the seller and Amazon many times and the seller wont even respond at all! Amazon say its out of the 90 day window so they cant help.

Its the principle that getting on my nerves- the seller thinks that its out of the 90 day window so they wont have to do anything.

Anyone else had previous experienc of how to deal with this?

Ive just told the seller ill be taking action if they dont reply

thanks

naedanger

hypnosisderby wrote: »

Hi

I bought my daughter a 3d pen in Nov 2015 and it broke a few months ago, so as far as i know it should be covered by the SOGA in that after 6 months i a mentitled to a repair or replacement.

Ive contacted both the seller and Amazon many times and the seller wont even respond at all! Amazon say its out of the 90 day window so they cant help.

Its the principle that getting on my nerves- the seller thinks that its out of the 90 day window so they wont have to do anything.

Anyone else had previous experienc of how to deal with this?

Ive just told the seller ill be taking action if they dont reply

thanks

What was the price of the pen?

If the seller won't help the only way to enforce your legal rights is probably going to be to take them to court, which may not be worth the effort and risk.

Also whether or not you are entitled to a remedy will depend on how long a court will expect such a pen should last, as a minimum.

bris

After 6 months you are entitled to resolution only if you can prove it.


To do this you need an engineers report to state it is faulty due to a problem inherent at manufacture but only just showing now. Good luck with that.


If you can find an expert on 3d pens then present it to the seller who should also cover the cost of this report.


The CCR's are there but after 6 months and especially after the warranty runs out it a hassle getting anything done as it's the consumer who has to do all the work proving their case.


Bottom line is, no you cant just phone them up and say my pens broke you need to replace it.

hypnosisderby

thanks guys, its a poor situation really. Im going to keep on at them as long as possible, its the principle of them ignoring me that really bothers me.

The pen was £35 but its not the point

thanks

neilmcl

hypnosisderby wrote: »

thanks guys, its a poor situation really. Im going to keep on at them as long as possible, its the principle of them ignoring me that really bothers me.

The pen was £35 but its not the point

thanks

It's very much the point if you're forced to spend time and money trying to get a resolution and tbh even if you could find someone I'll doubt they'll be able to show something like this has an inherent manufacturing fault.

George_Michael

hypnosisderby wrote: »

The pen was £35 but its not the point

As neilmcl stated, the price paid is very relevant.

http://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Goods to be of satisfactory quality
(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory
(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a) any description of the goods,
(b) the price or other consideration for the goods (if relevant), and
(c) all the other relevant circumstances (see subsection (5))

For £35, you were not going to get a top quality item and at that price I would almost class it as a consumable especially as it has a small internal heater which is something that would degrade over time.

hypnosisderby

George_Michael wrote: »

As neilmcl stated, the price paid is very relevant.


For £35, you were not going to get a top quality item and at that price I would almost class it as a consumable especially as it has a small internal heater which is something that would degrade over time.

i wasnt expecting a top quality item, i was expecting the seller to actually GAF but hes playing the system which is basically ripping people off.

hypnosisderby

neilmcl wrote: »

It's very much the point if you're forced to spend time and money trying to get a resolution and tbh even if you could find someone I'll doubt they'll be able to show something like this has an inherent manufacturing fault.

Its not my point at all. People have a right to not be ripped off, if the seller cant even be arsed to reply then he shouldnt be sellling goods to anyone.

Id spend hours to stop this seller ripping people off again, i dont care about £35 though.

George_Michael

hypnosisderby wrote: »

i wasnt expecting a top qulaity item, i was expecting the seller to actually GAF but hes playing the system which is basically ripping people off.

How is he playing the system or ripping people off if he sold a cheap item that had a limited life expectancy and then when that item fails, he won't do anything about it?
£35 for a 3D pen is at the lowest end of the market and as such the durability of the pen will also be at the lower end of what can be expected.

hypnosisderby

George_Michael wrote: »

How is he playing the system or ripping people off if he sold a cheap item that had a limited life expectancy and then when that item fails, he won't do anything about it?
£35 for a 3D pen is at the lowest end of the market and as such the durability of the pen will also be at the lower end of what can be expected.

Doesnt matter if it was £20. He knows that Amazon dont care after 90 days, so like i say all he has to do is sell something that lasts 91 days and afterwards he doesnt care because the chances of him having to pay out are remote.

So you think its ok for sellers to act like that do you? You are happy that people just want your money and offer no come backs at all?

I bet you sell stuff online by the sounds if it

sjbrun

So how long do you think the pen should last? How long do you view as a reasonable time period?