I bought a Furby Boom toy from Amazon Marketplace just over 18 months ago (in November 2013), which has developed a fault and lost its sound. While most parents would be thrilled to silence one of these pesky toys, my 10-year-old daughter is bereft. I’ve had a lot of circular correspondence with the seller, who is refusing to refund or repair the item, and Amazon’s complaints department has not replied.
Amazon’s returns policy only seems to apply within a very short time frame (90 days). Even in our disposable society, surely it’s reasonable to expect a toy to last more than 18 months? LA, Crewkerne, Somerset
Amazon Marketplace – launched in 2012 – provides a platform for businesses to sell their products across the whole of Europe from a single seller account. Under the Sale of Goods Act, if a product develops a fault before it would reasonably be expected to do so, shoppers can claim against the retailer rather than the manufacturer.
Amazon says its A-to-Z guarantee provides additional protection for customers who buy from Marketplace when payment is made via Amazon.co.uk. In a nutshell, you should get a replacement or a refund if an item turns out to be “defective, damaged, not as described, or received late”. But because your order was placed in November 2013, Amazon said it was unable to take back any returns because the three-month return period had expired. But why just three months? The “additional protection” is very limited.
Amazon recommends you contact Hasbro direct to find out the cost of replacement or repair, although we suspect a repair would have been expensive and not worth the trouble. But as a goodwill gesture, it has contacted Hasbro and arranged for a replacement to be sent to you.
Note that if you buy an item directly from Amazon you have the right to demand a refund or repair if the goods fail within two years. This is because the site is covered by consumer rights law in Luxembourg, as that is where the retailer has based its operations.
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