Is Amazon to blame for misleading PC listing?
Q
I’m interested in buying an expensive computer from Amazon, but I’m not sure how reputable the manufacturer is. What are my rights if a listing on Amazon turns out to be misleading, and I don’t get what I believe I should? Is it the manufacturer’s responsibility or Amazon’s? And can I keep the goods anyway?
A
Samantha Jones
It depends which company is actually selling the computer. If it’s being sold directly by
Amazon, then Amazon is legally responsible. But many retailers list their products on Amazon and use the company as the ‘fulfilment agent’, which means Amazon is responsible for delivering the items. In these cases, refunds and repairs are the responsibility of the retailer – even if these are often carried out through Amazon’s customer support.
Either way, the law protects Samantha if the computer doesn’t match the description. Misleading information is a breach of the Consumer Rights Act and the Unfair Trading Regulations. She’ll be able to treat the contract as null and void, meaning she can return the goods for a full refund. Alternatively, she could keep the computer but seek a partial refund to reflect what’s wrong in the listing – ie, if it overstates how much RAM it has, or the processor speed. She’d have to negotiate this with the retailer.