Customer Seeks Return for Faulty Item after 7 Months - no evidence of fault at purchase date
Hi,
We have received a message from a buyer who purchased an item 7 months ago.
They claim the item is faulty (electrical item which loses connectivity), and the item developed this fault 2 weeks ago.
Our response has been to refuse the return request, give it is outside of the 30 day window set out by Amazon, and outside the 6 month deadline (set out by statuatory Consumer Rights Act 2015) where they cannot prove it was faulty at time of purchase.
They are wanting to go to the Small Claims Court to try resolve, which I’m happy to do given our legal position.
Keen to hear from anyones opinion on this?
Thanks
Customer Seeks Return for Faulty Item after 7 Months - no evidence of fault at purchase date
Hi,
We have received a message from a buyer who purchased an item 7 months ago.
They claim the item is faulty (electrical item which loses connectivity), and the item developed this fault 2 weeks ago.
Our response has been to refuse the return request, give it is outside of the 30 day window set out by Amazon, and outside the 6 month deadline (set out by statuatory Consumer Rights Act 2015) where they cannot prove it was faulty at time of purchase.
They are wanting to go to the Small Claims Court to try resolve, which I’m happy to do given our legal position.
Keen to hear from anyones opinion on this?
Thanks
33 respuestas
Seller_esvgLzKXw2YAl
I’d be more wary of the fact that if they know Amazon at all, they will contact support directly and get them to open an A-Z.
Far more likely scenario than the small claims.
Seller_qaeFM8emsINcu
If it’s an electrical item, surely it has some sort of manufacturer warranty? 1 Year, 2 Year? Can the item be repaired under warranty? Do they need to contact the manufacturer to get it exchanged under warranty?
Seller_qZO3ZCjoBXEeL
The area is a little grey to be fair.
Parts of what you say are correct, however there are other considerations.
Goods need to be fit for purpose and fulfil a reasonable life expectancy.
The goods have developed (or discovered) a fault. If the customer hasn’t been mis-using the item (signs of visible wear or damage, water ingress etc.) then the chances are that in the case of most electronics a reasonable person would state the goods are not living up to a reasonable expectation of service life - which can be up to 6 years under the consumer act 2015.
I wouldn’t lean to heavily on a 6 month defence, and as the retailer, you, not the manufacturer, are responsible to the customer in the first part to support the product. It is then for you to take up with your supplier if needed.
Seller_tRuvBEHDedp4q
Exactly as PeterB says - goods must last a reasonable amount of time under Sales of Goods Act
If they develop fault within 6 months it is assumed fault at time of purchase and customer can insist on refund. If after 6 months then customer no longer has right to demand refund - but you still have to repair, replace or refund.
Manufacturers warranties are always in ADDITION to a consumers statutory rights and not a replacement. The contract is between you and the consumer not the consumer and the manufacturer so it is upto you to put right.
Seller_7VbclcPFFRTnc
Going on your username , is it an FBA order ?
If so, direct them to amazon customer services
Seller_n33KwLeg9XOvi
Just read this email from my buyer account;
Our customers helped us take the fight to scammers last year by reporting suspicious, emails, texts, and phone calls. Each report matters. In 2022, we made significant strides to protect our customers:
We initiated takedowns of more than 20,000 phishing websites and 10,000 phone numbers that were used as part of impersonation scams.We referred 100s of bad actors across the globe to law enforcement to help them ensure these scammers are held accountable.
PROTECT YOURSELF FROM SCAMMERS
Be careful installing apps or software
Amazon will not ask you to install an app or download software in order to receive a refund or to get help from customer service.
Never pay over the phone
Amazon will not ask you to provide payment information, including gift cards (or “verification cards”, as some scammers call them), for products or services over the phone.
Always verify orders directly with Amazon
Amazon will not call, text, or email you about an order you aren’t expecting, and ask you to urgently confirm the purchase. For any question related to an order, always check Your Orders on Amazon.co.uk or via the “Amazon Shopping” app.
Be wary of false urgency
Amazon will not pressure you to act now. Scammers may try to create a sense of urgency to persuade you to do what they’re asking.
If you receive communication — a call, text, or email — that you think may not be from Amazon, please report it to us. Visit the Message Centre on our website to review emails from Amazon. For more information on how to stay safe online, visit Security & Privacy on the Amazon Customer Service page.
You are receiving this service email based on a recent purchase or to provide information related to your Amazon.co.uk account.
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Please note that this message was sent to the following e-mail address:
Seller_oGFKRixtdkjxL
The customer would need to provide evndence the item is faulty and the fault was the result of a manufacturing defect at the time of purchase. ie an independent engineer’s report. They have to pay for this and claim the cost back from you if the fault is subsequently verified.
Given the timeline the option from you would be repair or replacement if a fault is found, alternately you could offer a depreciation refund, which is pro-rata.
If you go to small claims you’d need to demonstrate you’ve acted in accordance with consumer rights and offered the buyer a solution.
Our honest advise would be you try to avoid SC if possible as it’s a timesink.
You need to put yourself in the position of a customer with (genuine) issue, and in terms of good CS - by that I mean a resolution that doesn’t cause you more problems down the line.
Seller_ypZ3zQH7KTGEM
I used to sell electrical items but stopped after a buyer received a refund which I thought was unjustified. I was selling electronic thermometers and a doctor bought 2 of them. After 1 year and 11 months he was refunded from my funds with no reason given. When I challenged it I was told that Amazon follow EU rules on electrical items and any customer can have a refund up to two years from purchase. He did not have to prove they were faulty or return them. I think that he knew the regulations when he bought the items and made a note to ask Amazon for a refund just before the two years were up. Obviously, I don’t sell anything electrical now.
Seller_tcjTAYWS9J4EP
Don’t know if it helps but most electronics will have a warranty with the manufacturer. Maybe suggest to them that they contact the manufacturer and see if they will replace it. The incentive to get a new one may take their argument straight to them instead of you?
Seller_ZOZTdubuqFBLp
Amazon have just given a 100% refund for an item that was delivered December 2021 it has been damaged by the customer, I have offered to replace the damaged part but the buyer did not reply to my offer. So Amazon have issued a refund to the buy…Just perfect!!
I have opened a Safe-t Claim I will update when I get an answer
