Is it for me or the seller to get a potential faulty item sorted?

whatwasmyname

We have a number of fish tanks & I bought a filter on Amazon. Over the years I've had a number of these filters so I'd say I know how they should & shouldn't perform.
When installing it it's quite noisy as in propellor-grindy type noisy. Now of the ones I've had in the past (about 4-5 of them) all bar 1 has been absolutely quiet, totally silent. Now I'm quite sure I contacted the manufacturer at the time who agreed they shouldn't be heard, they should be silent, therefore it was faulty & I ended up returning it but I can't find the email to back that up.

I contacted the seller on Amazon who said I am to contact the manufacturer & if they agree that it is faulty then the seller will issue a refund/exchange. I've contacted the manufacturer but we're almost 2 week on now and no response.
Reading through these forums, I think I am right in saying that it's not for me to go chasing the manufacturer? I say it's faulty so I should be ok to return for a refund/exchange? I'm happy to be corrected if that's not the case. I'd just like to know what the actual situation is. Thank you.

Jenni_D

Up to 6 months from purchase/delivery (whichever is later) then any goods notified as faulty are assumed to be faulty, and it is for the seller to prove otherwise (i.e. that the consumer caused the fault) if they wish to avoid providing a remedy (repair, replace, refund). After 6 months then the burden of proof switches to the consumer to prove that the fault does exist and it was caused by an inherent defect in the product (rather than the user damaging it).

That's what the law (Consumer Rights Act 2015) says, and aligns with what you say - it's not for you to go chasing the manufacturer. Enforcing such rights with some sellers can be a challenge though.

Ergates

How long ago did you buy the filter?

whatwasmyname

Ergates said:

How long ago did you buy the filter?

8th June.

Amazon says eligible for return until 11th July.

Obviously it's been used though as there's no other way to find out it's faulty. I say faulty, technically it works & if it was my first one I'd just assume that's the way they are because it is taking water in and spitting it out. It's only because I've had a number of others that have been totally silent and I am sure I've contacted the manufacturer in the past when one was noisy & they said that's not right, it's only because of that that I say this one is faulty.

MarvinDay

Jenni_D said:

Up to 6 months from purchase/delivery (whichever is later) then any goods notified as faulty are assumed to be faulty, and it is for the seller to prove otherwise (i.e. that the consumer caused the fault) if they wish to avoid providing a remedy (repair, replace, refund). 

Unless the goods have become faulty within the first 30 days and the consumer is wishing to reject them for a refund using their CRA short term right of rejection.
In this instance, the onus for proving the goods had an inherent fault reverts back to the consumer.

MalMonroe

If I were you I'd contact amazon. Even though your item is from amazon marketplace and not amazon directly, they should sort it out for you. They may say you have to wait until 11 July but if you alert them to the fact that there is a problem, they could act sooner. 

Normally if there's a problem with an item you can just click on the 'your orders' page, locate the order and then click on 'problem with order' or 'return item' - even if it's a marketplace seller. Then wait for someone to sort it out for you.

If you're not happy with any item or seller or buyer, you can ask amazon to intervene. You do not have to chase anyone yourself. I speak from experience as have sometimes had to return faulty items delivered by marketplace sellers. I've always received a full refund. 

In any case, it's the retailer who has to be contacted, not the manufacturer. I would just cut out the seller now and go to amazon.

bris

Just start a return for a faulty item. In the return there are reasons you can pick, one of them is for not working as intended or similar words.

They then give you a barcode to return the item at a drop off location. Once the barcode is used at this location you get a refund, they don't even wait until its back with them.

whatwasmyname

Yeah I've experienced that with the automatic refund. How does that work? Is it taken from the seller or do Amazon pay you it and then reclaim from the seller?

Speaking of seller, seller has finally responded today to say that it's up to me. I can wait on the manufacturer if i want or return it if i want.

I'll be returning it & buying the same from a different seller.