I’d be interested in your views on Amazon Marketplace, as we have found that it offers no consumer protection or any help in dealing with a supplier.
Earlier this year my daughter bought some Nike trainers from Legend Footwear. At £103 they were not cheap, but of surprisingly poor quality. Within two months the back of one had split to the point that it was unwearable. We contacted Legend but were told that because the shoes were more than 30 days old, the company had no liability.
When I explained that the Consumer Rights Act 2015 requires that goods should last a reasonable length of time, it asked for some photos of the damage. The photos were fine, but we were told they were insufficient. After sending more we were told that the shoes showed “excessive wear”. My daughter had worn them to school for a few days each week for about six weeks.
At that point we wrote to Amazon (my daughter had put £60 of Amazon vouchers towards the shoes), Nike and Santander (to ask for a “chargeback” refund of the amount she had paid from her own account). Nike and Santander ignored our letter; Amazon’s line was the same as Legend’s – because the shoes were more than 30 days old, it wouldn’t help.
Our conclusion was that if you want to buy anything where the defects might appear after 30 days, you’d be much better off using a traditional high street outlet. RC, Oxford
Ahead of the Christmas shopping frenzy, this letter is a timely reminder that buying through Amazon Marketplace offers you less consumer protection than if you buy direct from well-known websites, as well paying for items in excess of £100 by credit card.
It also shows that there are some companies on Amazon that will try and deny you your consumer rights. The Consumer Rights Act is clearly on your side and states that if a fault occurs within six months, it is automatically assumed to have been present at the time of manufacture, unless the retailer can show otherwise.
We think most reasonable people would expect a £100 pair of trainers to last more than two months, and that Legend’s stance is unacceptable. We contacted the company but it has declined to respond to your points. The person who answered the phone tried to claim that a pair a trainers should only be expected to last a few weeks, which is revealing in itself.
Amazon confirmed that its A-Z guarantee protection is only for 30 days. In such cases, a spokesman said, the contract is always between the buyer and the selling firm – in this case Legend.
However, something has happened behind the scenes because he also said that a refund would now be applied to your daughter’s account.
The moral here is that if you have a problem with a Marketplace-bought item, you are on your own after 30 days.
In 2013 I revealed how buyers of Marketplace items costing more than £100 were not entitled to section 75 consumer protection that enables them to hold the credit card firm jointly liable for goods. It is because Amazon collects the money and passes it on to the retailer minus its commission. The same is true of using PayPal. To gain section 75 protection you have to pay the retailer direct using a credit card.
And be aware, we have seen a big jump in complaints about footwear over the past 12 months, and an increasingly poor attitude from shoe retailers.
We welcome letters but cannot answer individually. Email us at consumer.champions@theguardian.com or write to Consumer Champions, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number
