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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
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I have a real problem with an item I puirchased via amazon. I

Resolved Question:

I have a real problem with an item I puirchased via amazon.
I purchased a padphone infinity on 21st december for myself from my wife as an xmas present. The phone was fine but then suddenly went off and will not work despite trying all the nessersary reset tests. I contacted the seller through amazon who stated they only go by the amazon 14 day warrantly. I contacted amazon who said theres nothing they can do after weeks of trying to get this refunded or repaired. Again I contacted the seller who told me to contact Asus the phone manufactureres as there is a standard 12 month warrantly. The latest is I contacted the manufacturers who advised me the serial number for the item was destined for the Hong kong region and therefore doesnt carry a uk warrantly. In simple terms I have spent £700 on a phone I can not use and no one will help, Everyone has shut there doors basicly and said tuff
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Who sold you the phone? Was it a private individual or a professional online seller.

Did the seller say it was brand new and suitable for use in the uk?

Do you have the Sellers address?

Kind regards

AJ
Customer: replied 3 years ago.

Please see below. I have provided the item purchase details followed by the sellers details and then the item description


 


 





















Order Placed: 12 Dec 2013
Amazon.co.uk order number:(NNN) NNN-NNNN4605136
Order Total: £699.00





























Dispatched on 12 Dec 2013



























Items OrderedPrice
1 of: Asus PadFone Infinty - Titanium Gray (5 inch 1080p Full HD Android Smartphone + 10.1 inches Multi touch panel, Qualcomm Snapdragon 600 Quadcore 1.7GHz
Condition: New
Sold by: Clean Computers (seller profile)
£699.00










Delivery Address:



  • Glyn Barbour

  • 19 Broadwater Lane

  • TOWCESTER, Northants NN12 6YF

  • United Kingdom




Delivery Option:
Standard Delivery
































Item(s) Subtotal:£699.00
Postage & Packing:£0.00
-----
Total:£699.00
-----
Total for this Delivery:£699.00
-----





























Payment information











































Item(s) Subtotal:£699.00
Postage & Packing:£0.00
-----
Total:£699.00
-----
Grand Total:£699.00


Payment Method:
Visa/Delta/Electron | Last digits: 5258

Invoice Address:


  • Glyn Barbour

  • 24-7 UK Maintenance LTD

  • Towcester, Northamptonshire NN12 6HD

  • United Kingdom







Detailed Seller Information



  • Business Name: Clean Computers

  • Business Type: Retail

  • Customer Services Address:

    • 1st Floor Flat, Richards

    • Victoria Street

    • Alderney

    • Channel island

    • GY9 3TA

    • GB



  • Business Address:

    • 1st Floor Flat, Richards

    • Victoria Street

    • Alderney

    • Channel island

    • GY9 3TA

    • GB



      • Asus PadFone Infinty - Titanium Gray (5 inch 1080p Full HD Android Smartphone + 10.1 inches Multi touch panel, Qualcomm Snapdragon 600 Quadcore 1.7GHz Processor, 2GB RAM, 32GB eMMC, Android 4.2 Jellybean)
        by ASUS

        Be the first to review this item









        Currently unavailable.
        We don't know when or if this item will be back in stock.







        • DynamicDisplay - 5" Full HD LTE

        • High Performance - Qualcomm® SnapdragonTM 600 Quad-core CPU (1.7GHz)

        • Great Camera - 13MP f/2.0 camera with 8FPS burst mode

        • Long Battery Life - Up to 19 hours 3G talk time

        • Unibody Design - Sleek aluminum alloy with brushed metal finish











Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question.

I will respond in detail as follows:

1. The Law:
- If some one sells you a product then that product has to meet the description and be reasonably fit for its purpose;
- This is contained in the Sale of Goods Act 1979 S14.

2. The facts
- The seller has sold you an item that does not work and is therefore in breach of S.14 as it is not fit for purpose;
- The fact that there is an amazon warranty of 14 days is irrelevant, if they are in breach of this section they are required to either replace the product, fix it or give you a refund.
- Under the Limitation Act 1980 potentially you would have six years to bring a claim of this natures.

3. The remedy.
- I would write to them and give them an opportunity to either fix or refund the product;
- Say that amazons warranty is irrelevant as they have sold you a product that is not reasonably fit for purpose.
- Tell them that if they do not remedy this issue with 7 days you reserve the right to take county court action or complain to trading standards.
- You can start a county court claim to recover the money here if they do not comply - https://www.moneyclaim.gov.uk/‎
Furthermore I would also recommend making a complaint to trading standards here - www.tradingstandards.gov.uk/‎

I look forward to hearing from you.

kind regards

AJ
Customer: replied 3 years ago.

Thank you for your help.


As this was purchased through amazon should i notify them first and give them the opportunity based on your legal expertese to rectify the issues?


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

It could be worth a shot asking amazon to resolve this first as they will be able to do it much more quickly, but I suspect they will decline.

If Amazon refuse then make sure you mention that to trading standards and press one with the claim against the seller as that is who your contract is with.

Do not forget to give the seller a 7 day warning/opportunity to rectify the problem before going to court.

Kind regards

AJ
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