Faulty product past 30 days

moneysaver1978

In April, with an Amex credit card, I purchased an electric garden tool for the lawn costing £99.99 from Amazon which came with a 3 year warranty. After using it once in early June, it developed a fault which I reported to the manufacturer who confirmed the fault.

They sent a driver to collect the item in late June. They repaired it and sent it out in mid July however on arrival, part of the tool was broken.

On informing them of the issue, they said that the part required wasn't in stock. And after a follow up in early August, they had the required part in stock so they requested for collection so they can fit the part which happened a couple of weeks ago.

Today, unbeknown to me, the part arrived but the garden tool isn't here (it's like receiving a steering wheel but no car!). Customer service are trying to find out what happened but I have lost my patience. The tool can only be used twice a year and I feel like I have lost the window (have had to borrow one instead).

As I purchased the item in April from Amazon, I am not able to return or request a fund. What recourse could I take? Could I use chargeback or...?

Any advice would be greatly appreciated!

Inbetweeners

Your mistake was going direct to the manufacturer in the first place. Was the purrchase direct from Amazon or 3rd party seller?

Okell

Your post isn't clear.

Are you saying that rather than take the fault up with the retailer you went directly to the manufacturer under their 3 year warranty?

What you are entitled to under the warranty and what the manufacturer is obliged to do depends on what the T&Cs of the warranty say.  (But of course the manufacturer shouldn't lose parts of it and should replace them!)

If you now want to take it up with the retailer and try to enforce your rights under the Consumer Rights Act 2015 (legislation.gov.uk) there's nothing to prevent you from doing so.

Faults that manifest themselves within 6 months of purchase are deemed to have been present at purchase, unless the retailer can prove otherwise.  The problem you have is that you have already been to the manufacturer for a repair but they have failed plus they have lost part of it.  (If I've understood correctly)

I suspect that the retailer will argue that anything that is now wrong with it is down to the manufacturer's mishandling and nothing to do with the retailer

Aylesbury_Duck

It sounds like your complaint is with the manufacturer and that you need to continue to pursue it with them.  Amazon's stance might very reasonably be that they're not responsible for the manufacturer losing your item.

However, it's worth a try.  I've always found Amazon's customer service to be very helpful, but I don't think they have am obligation to you as things stand.

moneysaver1978

Thank you all. Apologies for my initial unclear post.

While I purchased the tool from Amazon, it was sold by the manufacturer so I assume it was by a third-party seller?

Okell said:

Your post isn't clear.

Are you saying that rather than take the fault up with the retailer you went directly to the manufacturer under their 3 year warranty?

That's right as the fault didn't surface until I came to use it after 30 days (purchased in April, didn't use until June) so given the warranty,

Faults that manifest themselves within 6 months of purchase are deemed to have been present at purchase, unless the retailer can prove otherwise.  The problem you have is that you have already been to the manufacturer for a repair but they have failed plus they have lost part of it.  (If I've understood correctly)

They have actually lost the electric tool itself.

Aylesbury_Duck said:

It sounds like your complaint is with the manufacturer and that you need to continue to pursue it with them.  Amazon's stance might very reasonably be that they're not responsible for the manufacturer losing your item.

However, it's worth a try.  I've always found Amazon's customer service to be very helpful, but I don't think they have am obligation to you as things stand.

I too have found Amazon to be helpful but I thought the 3-year warranty gives me a peace of mind and it would be solved quickly and easily but the customer service have been really poor and comical not alike an episode in Fawlty Towers or Only Fools & Horses.

Correct me if I am wrong but sounds like chargeback isn't recommended and I need to try Consumer Rights Act 2015 with Amazon.

moneysaver1978

Just wanted to follow up here - I spoke to Amazon, explained the situation, and they were empathetic and issued me with a full refund as a credit voucher. So I am happy.

Looking at the reviews of the item and the seller, the rating had gone downhill drastically last 2 months so seems like I am not the only one.

Thank you all for your help and advice.

Aylesbury_Duck

moneysaver1978 said:

Just wanted to follow up here - I spoke to Amazon, explained the situation, and they were empathetic and issued me with a full refund as a credit voucher. So I am happy.

Looking at the reviews of the item and the seller, the rating had gone downhill drastically last 2 months so seems like I am not the only one.

Thank you all for your help and advice.

That's good.  My experiences with Amazon have so far always been positive.  I've had refunds or replacements before when strictly speaking they could have made me jump through hoops for a resolution.