Trading standards / legal advice

[Triggaaar]

I bought 2 cheap tablets on Amazon. Shortly after 1 year, they went wrong, so I wrote to Amazon, who passed my complaint onto the supplier (who is a business). The supplier never replied to me (after Amazon wrote to them a few times).

I would like to claim against the supplier under the sale of goods act (which gives you 6 years to claim for defective products), but Amazon refuses to give the supplier's details.

I'm pretty sure that's wrong of Amazon, but I'm not sure what I should do next. Should I make a claim against Amazon, as they are not passing on the details?

Thanks

 

[Everest]

As you bought them on Amazon, isn't your dispute with them?

 

[Goldstone1976]

I'm pretty sure that your contract is with Amazon and not with the other company. Amazon have some form in this area, often denying liability. There have been a few Court cases which are wending their way through the process, but nothing has yet been determined by the Supreme Court. It will end up there, because Amazon has the incentive and financial muscle to ensure it goes the distance.

 

[surrey jim]

If you purchased on credit card are you able to claim under section 75?

 

[clippedgull]

This link suggests Amazon (as the retailer) has the responsibility to satisfy your claim.

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

 

[Superphil]

Ahh, Amazon, that paradigm of virtue, you could be for a long case there. Can you not extrapolate the suppliers details, it sounds like one of their "affiliate" vendors, not a direct order with Amazon. Might be an idea to cc Trading Standards, Watchdog etc on your correspondence, that might make them think. Have you had any luck speaking to customer services?

 

[Triggaaar]

Wow, thanks for the quick replies.

As you bought them on Amazon, isn't your dispute with them?

I'm pretty sure that your contract is with Amazon and not with the other company.

I bought it from a seller, handled by Amazon, so I assume that Amazon are not the retailer, but I have no actual knowledge about it. What I would be confident about, is that (if they're not the retailer) a court would insist they pass on the details of the company that sold the devices.

If you purchased on credit card are you able to claim under section 75?

I don't know anything about that - is that still applicable after a year?

This link suggests Amazon (as the retailer) has the responsibility to satisfy your claim.

I've always known it's the retailer that I should claim against - what I don't know, if Amazon is the retailer, given that other companies supply some of the goods. However, since I'm registered with Which, I'll try speaking to their lawyers

Might be an idea to cc Trading Standards, Watchdog etc on your correspondence, that might make them think. Have you had any luck speaking to customer services?

Customer services only sent my correspondence onto the other company, they wouldn't do more than that. I'd assume I'd use trading standards, but they don't deal with individual cases do they? Perhaps it would have to be a small claim instead?

 

[Superphil]

Wow, thanks for the quick replies.

Customer services only sent my correspondence onto the other company, they wouldn't do more than that. I'd assume I'd use trading standards, but they don't deal with individual cases do they? Perhaps it would have to be a small claim instead?

I reckon the combined resources of NSC would soon find them, can you give any details about the vendor? Name of the business, maybe a link to something they are currently selling on Amazo n

 

[Goldstone1976]

Wow, thanks for the quick replies.



I bought it from a seller, handled by Amazon, so I assume that Amazon are not the retailer, but I have no actual knowledge about it. What I would be confident about, is that (if they're not the retailer) a court would insist they pass on the details of the company that sold the devices.

Check your credit card statement. If you paid Amazon, then your contract is with them, irrespective of what they might try to fob you off with.

 

[Triggaaar]

I reckon the combined resources of NSC would soon find them, can you give any details about the vendor? Name of the business, maybe a link to something they are currently selling on Amazo n

Before you know they'll have a couple of skips in their garden, draped in pizza eating escorts

Let me check if it's them or Amazon that the claim should be against first. I'd also like to do as much of the claim as possible through Amazon.

 

[Triggaaar]

Check your credit card statement. If you paid Amazon, then your contract is with them, irrespective of what they might try to fob you off with.

That's interesting, thanks. I tend to use '1-Click' for my payments, and they always seem to say Amazon *Mktplce EU-UK, Amazon.Co.UK on the CC statements.

I'd be amazed that they haven't found a way to make it so that they're not the retailer though.

 

[Ernest]

Buying cheap tablets they may claim a years use is fair enough

 

[desprateseagull]

OP should have received confirmation email when items first ordered / despatched- supplier info in these?
After a year, up to customer ( I think) to show not worthy etc..

the moneysavingexpert site (and forum) may help more.. www.moneysavingexpert.co.uk

 

[Westdene Seagull]

That's interesting, thanks. I tend to use '1-Click' for my payments, and they always seem to say Amazon *Mktplce EU-UK, Amazon.Co.UK on the CC statements.

I'd be amazed that they haven't found a way to make it so that they're not the retailer though.

If that is what it says on your statement then it is Amazon who have taken the money and therefore it is Amazon you have the contract with.

Once you know for sure then issue them a final warning in writing telling them they have 21 days to accept liability and to provide a remedy or you'll raise a claim against them via the Small Claims Court. You can do this online and last I looked it was around £85 to get the claim going.

 

[Boroseagull]

Your contract of sale is with Amazon, if it is they who have taken your payment. You are covered under EU warranty law that covers electrical goods for 2 years irrespective of any enclosed guarantees. See the following, I used it recently against a UK mail order company in respect of a printer.

The EU directive in question is 1999/44/EC. The full wording is contained here (open the word documtent and scroll to page 7) but the important bit is this: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'
As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions.
The EU rule also says buyers need to report a problem within two months of discovering it if they want to be covered under the rule.
How can I use this rule?
Reports of cases where shoppers have used the EU rule to get refunds suggest that even senior staff at stores may be unaware of it, so be prepared for some blank faces if you need to use it to argue your case. But eventually, after referring the complaint to legal teams, reports suggest the stores have coughed up.
Use this checklist to see if you could try and use the EU rule:
• The goods were purchased no longer than two years ago
• The store will not provide a refund or repair because you are returning the item after their return period has ended, usually one year
• You are reporting the fault within two months of discovering it
• The goods show no signs of damage through your actions or misuse.
The best advice is to print off the EU rule and take a copy with you. If staff fail to recognise it, ask them to take your details and report your complaint to their bosses. Take a note of the names of any staff you speak to and explain that you will contact them again soon for a response.
You may manage to get your refund on the basis of the EU directive, however, shops are within their rights to use the Sale of Goods Act as the definitive guideline instead.


Read more: http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html#ixzz3I7BVa9fg

 

[Triggaaar]

If that is what it says on your statement then it is Amazon who have taken the money and therefore it is Amazon you have the contract with.

Once you know for sure then issue them a final warning

I can't easily check for sure, as my CC is online statements only, and they only seem to go back 1 year. But all my other Amazon orders seem to be charged to them.

Your contract of sale is with Amazon, if it is they who have taken your payment. You are covered under EU warranty law that covers electrical goods for 2 years irrespective of any enclosed guarantees.

I think the Sale of Goods Act covers items for 6 years, but I'm happy to use either, thanks.

 

[Triggaaar]

Spoken to a lawyer from Which, and they say that Amazon are not the retailer. They do say that Amazon should pass the information on though, according to The Electronic Commerce (EC Directive) Regulations 2002, section 6: http://www.legislation.gov.uk/uksi/2002/2013/regulation/6/made

which says:
6. (1) A person providing an information society service shall make available to the recipient of the service and any relevant enforcement authority, in a form and manner which is easily, directly and permanently accessible, the following information—

(a)the name of the service provider;
(b)the geographic address at which the service provider is established;

 

[Paul Reids Sock]

Send the details and the aspect of law they are breaking by not giving you the retailer to their CEO. Explain the issue and how you have previously had such fantastic experiences with Amazon but this has ruined your trust in them.

There is a pretty good chance that they will just refund you the money and then either go after the supplier themselves or just leave it. You are worth more to them in the long run than a couple of cheap tablets.

The CEO email address can be found on ceoemail.com

I rarely have any issues after escalating to that level. I know it's ridiculous however so many companies now will just bend over backwards. The second the CEOs assistant sends the email to the CEO team that probably sit next to the normal complaints guys

 

[DumLum]

If you purchased on credit card are you able to claim under section 75?

Does each item gave to be over £100? Or is it total of transaction?

 

[Everest]

I bought 2 cheap tablets on Amazon. Shortly after 1 year, they went wrong,

Viagra isn't meant to last that long!

And by "went wrong", do you mean "it" fell off?