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Amazon defective item


scott425
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Hello all.

 

I bought a juicer through Amazon which did not work. After several weeks of getting nowhere with the company i filed a claim through Amazon and eventually the company agreed to refund me but only after i send the parcel back at my own cost.

 

The box is quite large and heavy and i would have to send it recorded delivery.

 

Can the company make me send it back myself - Amazon usually send pre-printed return labels?

 

Thanks for any advice in advance.

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If you invoke the Sale of Goods Act, c.f Section 36:

 

Buyer not bound to return rejected goods.

 

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

If you prefer to cancel the contract under section 10 of the Distance Selling Regulations, section 17(4) then applies:

 

The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.
A supplier may require that a buyer returns goods, in order to negotiate with the buyer toward that end, but owns no right to be the judge and jury of his own cause, because a buyer with a complaint to make about the quality of goods is entitled to keep the evidence to prove the case.
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