Computer Active (UK)

Is Amazon to blame for misleading PC listing?

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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.

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