Question:

If I buy a product online is my contract with the manufacturer or the store?

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I purchased a laptop online and after a month it is now faulty.

I emailed the company I purchased it from and told them that I think it needs replacing. They have got back to me and said that 'because of the diverse nature' of the products they sell, I should arrange it directly with the manufacturer.

But, under the Sales of Goods Act, isn't my contract with the online store? and isn't it their contractual obligation to deal with my fault and if necessary provide a replacement?

I feel they have told me to contact the manufacturer so they don't have to deal with it for me.

Are they in the wrong?

This is in the United Kingdom by the way, and purchased from a UK based company.

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4 ANSWERS


  1. You have two lots of legal protection

    Distance selling regulations and 1971 Sale Of Goods Act

    That of course doesn't stop some people trying to fob you off.

    Simple thing to do is send a registered letter giving company 14

    days to refund you in full. If no reply go to Small Claims Court. Maybe also let Trading Standards know to get the company on their files.

    http://www.berr.gov.uk/consumers/fact-sh...


  2. The online store is ultimately responsible. FInd out where you need to return the item (it may be to  the manufacture) and make sure you get the dates and names of everyone with whom you speak. Any warranties you purchased are probably thru the manufacture.

    Good luck.

  3. Correct, it's the Store.

    Take it back to them, choose a nice busy day (eg. a Saturday  mid morning) and ask to speak to the Manager ...

    If you can't get them to take responsibility, I suggest you try using a (slightly) louder voice to question their reasons .. for example 'Why do you refuse to take back faulty goods ?' and 'So you are telling me that your Guarantee is worthless ?' and 'Do your other Customers know you are trading illegally by refusing to take responsibility under the Sale of Goods Act ?' and so on ..

    It helps to stand next to their tills when having this sort of conversation :-)

    Oh,. sorry, just spotted it's 'on-line' .. so Distance Selling regulations apply as per answer above (you have the right to a full refund)....

  4. under sale of goods act the company you purchased it from is responsible,they might tell you to get in touch with manufacturer but it is their responsibility

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