Amazon changes the consumer rules

m-holland

May I suggest if OP's eyesight is so poor that they cannot see where it clearly states who sells the item on Amazon, that maybe they shouldnt be using a chainsaw?

SPlatten

May I suggest you people that get a kick out of being so perfect and commenting on this post with drivel, Get a life!

the_lunatic_is_in_my_head

SPlatten said:

I've spoken with Amazon several times on the telephone and also lots of online chat and it depends on who you get on the other end, which varies from some individuals that aren't very helpful at all, but I'm pleased to say that most are excellent.  However yesterday I was told one thing which was promising and looking like a resolution was going to happened on Tuesday, then overnight I got what looks like an automated email telling me that I could expect to wait another 5 to 7 days for the seller to respond.  I went back today and told Amazon that the service is sub-standard, if I bought a chainsaw from a DIY store I could take it back within 12 months and get a replacement with no issues.

Sorry OP but it's a bit unclear.

If you (or Amazon on your behalf) contacted the 3rd party seller before you sent it off to Makita and the seller failed to respond then you could seek to reclaim your losses via small claims as the seller should resolve issues for you and the CRA doesn't prevent you from seeking damages. 

If you (or Amazon) contacted the seller before the 15th of Dec then it would be taken that the goods didn't conform to the contract, if afterwards then the retailer can request you demonstrate that they did not, although if they didn't respond at all then I assume it's taken that they didn't request such. 

If nobody contacted the actual seller then choosing to go down the manufactures warranty route means you'd be bound by their terms. 

Looking at the bar on my saw it's hard to see how the two halves could come apart as they are firmly stuck together which would suggest a defect or serious misuse, have you asked Makita how they came to the conclusion the part was user damaged? 

As an aside, if it's stated in the warranty terms that the bar is excluded from the warranty then they aren't obligated to repair or replace it free of charge either way.  

SPlatten

To be clear, the events:

1) I contacted Amazon and was told to return the item to the manufacturer.  The manufacturer wanted £86.04 to repair.
2) I requested it to be sent back to me and contacted Amazon again, because it was just a few days outside of 6 months I was told to return it to the seller, which I found out was in Germany.
3) I sent the item to Germany and have not heard anything since, that was now over 10 days ago.
4) During this time I contacted Amazon chat and a few times I received telephone calls.  I was sold several times that in 48 hours it would be refunded if the seller did not respond.  I waited 48 Hours then contacted Amazon and was told the same again, then on the 3rd time I received an email from Amazon saying I would have to wait a week.
5) It was consistent that I'd have to wait 48 hours each time then after the 48 hours, same again.

I'm now waiting for the week to pass, but I don't have any idea what is going to happen for certain after this.  The seller has still not responded.

the_lunatic_is_in_my_head

Thanks OP, OK have a google for CEO email and search that site for Amazon.

Send a brief, clear message to the MD to ask what they are proposing to do, hopefully they will sort out a refund.

If Amazon advised you may return to the manufacturer that would be OK, but IMHO if they said you should then they provided poor advice which they shouldn't have done.

To those giving the OP a hard time, Amazon's product pages have become increasing cluttered, the way info is presented is swapped around from time to time as they redesign the site and I doubt the OP is the only person not to notice they aren't buying from Amazon directly. 

Personally I don't think who you are buying from is unclear but I do think Amazon take zero steps to show where the item is being shipped from, having to click through to an obscure page very few people will view to find the seller information isn't acceptable. 

peter_the_piper

the_lunatic_is_in_my_head said:

SPlatten said:

I've spoken with Amazon several times on the telephone and also lots of online chat and it depends on who you get on the other end, which varies from some individuals that aren't very helpful at all, but I'm pleased to say that most are excellent.  However yesterday I was told one thing which was promising and looking like a resolution was going to happened on Tuesday, then overnight I got what looks like an automated email telling me that I could expect to wait another 5 to 7 days for the seller to respond.  I went back today and told Amazon that the service is sub-standard, if I bought a chainsaw from a DIY store I could take it back within 12 months and get a replacement with no issues.

 

Looking at the bar on my saw it's hard to see how the two halves could come apart as they are firmly stuck together which would suggest a defect or serious misuse, have you asked Makita how they came to the conclusion the part was user damaged? 

Having spoken to a chainsaw repairer (whilst there I thought I'd ask) his opinion was that the chain could have been running too tight or lack of chain oil, which could explain the 3 broken chains and the chain bar failing.

SPlatten

Exactly, thats what I thought, all Makita could say was that the guide bar isn't covered by the warranty, which I then asked what exactly is covered by the warrant?   Over tightening of the chain would require super strength as the only way to tighten it on this saw is with a small turn style that you move with your finger, you can only move it so far and then its done, I always keep the oil topped up.

The 3 broken chains happened early on and I have no idea why they snapped.

unforeseen

I love the bit where it says "arrives before Valentine Day"
Ideal for anybody planning their own Valentine Day massacre

SPlatten

Sorry I started another thread today, I completely forgot about this...it's now a month on and I don't have the chainsaw, total cost to me was £138.05 including postage.  The chainsaw is with the seller in Germany who hasn't responded since receiving it.  Amazon are doing nothing and claim they only give 90 days warranty.

the_lunatic_is_in_my_head

It's important to understand and use the correct terms.

Amazon offer an A-Z guarantee which is in addition to your consumer rights and they require you to file this within 90 days of the ETA as per the terms which are all legal:

www.amazon.co.uk/gp/help/customer/display.html?nodeId=201889410

A warranty is with whoever offers you one, is also in addition to your consumer rights and can have any fair terms attached. 

Your rights set out by law are with the actual seller. 

I thought the saw had gone back to the manufacturer as per the OP?