Retailer on Amazon Vs Hozelock

Apprentice2019

Hi, just after a bit of advice:

I bought a Hozelock auto watering system in May 2020. It was fitted and working. As per the instructions it was removed for winter. When I come to reattach it about a week ago, the grey tap connector comes away from the main timer. I am unable to find a replacement part and Hozelock themselves say that part cannot be replaced rendering the whole system useless.
I note that the manufacturers warranty is 2 years for this device.

I first try Hozelock as they are the manufacturer, for a replacement timer as the one I have has clearly failed well before it’s two year warranty is up. However they tell me the warranty in the first year is held with the retailer.

I then speak to the retailer and they tell me they only follow amazons 90 day returns policy and that I need to speak to the manufacturer.

After speaking to the manufacturer they tell me that under the sales of goods act, the retailer is responsible and cannot understand why I am being told anything different.

I once again return to the retailer, remind them of the sales of goods act, but once again say they follow amazons return policy and direct me to the manufacturer.

Who is right?
is there anything I can do?

Section 75 I don’t think will apply as it is below £100. 

unholyangel

Neither are right. Well, the manufacturer are half right. Except it is (assuming you're a consumer and didn't purchase it for business use) the consumer rights act rather than sale of goods act. 

However, there is a shift at 6 months. If the lack of conformity is apparent in the first 6 months, it's assumed to be inherent. After 6 months there is no assumption and the retailer may ask you to provide an independent report stating the lack of conformity is inherent (and isn't normal wear and tear or misuse). The cost of which would be recoverable from them, if found in your favour. 

KeithP

Can you enlist the help of Amazon to get them to encourage the seller to do the right thing?

pbartlett

Amazon return policy is a red herring. Your sale contract is with the retailer and (if you believe hozelock) they should be the ones honouring the guarantee in the first year. In the second year it would be hozelock.

If the retailer refuses to honour the 1 yr guarantee then to be honest the only way forward (short of court action) is to keep pestering hozelock and amazon, complaining about the retailer, and also complaining to Trading Standards.

Seems strange but if the product had failed in the 2nd year you could have gone to hozelock - maybe you still can after a year!

Carrot007

Complain to Amazon about the third party you bought from on their platform.

They may nudge them a little. However I expect court (or at least a LBA) is your only option.

However do complain, as if nothing else Amazon will keep a record of bad marks against a company end if they get enough they will boot them off.

Apprentice2019

Fantastic advice, thank you guys. I have now spoken direct with Amazon and without any hesitation Amazon have told me they are going to request that the company sends a return label out to me and to get back in touch if I don’t hear anything.