Comsumer Rights on Faulty Goods

gossfam1

Hello hope you can all help,

It's a small purchase, but I want to know where I stand.

I bought an aluminum brush handle from Amazon - It was described as such and I used it as intended.
The order was placed on 16th July and this was received on the 27th July. I used it for the first time last weekend and it snapped after 5 minutes of use (also injuring my hand in the process!)
I contacted the vendor on the 16th August and asked for a refund.
They won't, as I'm one day outside of the 30-day period the order was placed - despite not receiving it until the 27th)

I have quoted statutory rights that the item is not of satisfactory quality and has not lasted a reasonable length of time.
They will only replace for me - question is can I ask for a refund?

Also, should I accept a replacement, and this is no better quality also breaks quickly - what then?
Many thanks,
Andy

DoaM

30 days start from receipt of goods, NOT from date of order. These are the two bits of legislation that apply:

Consumer Rights Act 2015
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

unholyangel

Was it direct from amazon themselves or a marketplace seller? If its a marketplace seller, are they a UK company?

Amazon aren't a UK company but because they're in the EU (which gives us our consumer rights), you more or less have the same rights with them as you would buying from a UK company (some differences but being able to reject the goods up to 30 days after the goods are delivered will be the same).

macman

Since the OP refers to 'contacting the vendor', then I think this was purchased on Amazon Marketplace, not Amazon UK. Contract is therefore with the vendor, not Amazon (who would have replaced it or refunded without question). Inform the vendor of their obligations under CRA.

gossfam1

Thank you all..will quote the bit of legistation that states it's 30days from reciept of delivery, not as the Amazon (marketplace) vendor is quoting, 30 days from Amazon order placement!

arsty

according to the consumer rights act you can reject goods that re of unsatisfied quality based on early right, but it's based only within 30 days after the purchase was made

Le_Kirk

arsty wrote: »

according to the consumer rights act you can reject goods that re of unsatisfied quality based on early right, but it's based only within 30 days after the purchase was made

Difficult to understand what you meant but this directly contradicts what was posted earlier by DoaM taken from the Consumer Rights Act.

DoaM wrote: »

30 days start from receipt of goods, NOT from date of order. These are the two bits of legislation that apply:

Consumer Rights Act 2015
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

theonlywayisup

arsty wrote: »

according to the consumer rights act you can reject goods that re of unsatisfied quality based on early right, but it's based only within 30 days after the purchase was made

To expand on the excellent advice above....

From the CRA

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.

DoaM

The post you quoted was slightly misguided ... the part you highlight from the CRA had already been clarified.

Edit: unless that's what you meant by your comment about "excellent advice".