Tablet PC develops faulty USB port

I bought an Archos tablet PC from Amazon in March. The tablet has lost USB connectivity, which is a common problem according to forums I have visited.

Amazon told me to contact Archos. I did so and the company told me to return the tablet for replacement. However, it said I will have to pay the delivery costs.

I thought the costs to return faulty goods had to be paid by the seller. It appears Amazon UK comes under Luxembourg consumer law.
Tony Baker

Mr Baker is a bit confused about legal jurisdiction. His contract is with Amazon, and any retailer who is actively selling to UK consumers, no matter what country they are based in, is meant to abide by this country’s laws.

Getting them to do this is another matter. But Amazon is a reputable company and aware of these consumer laws.

It may be that the company decided it will be quicker for Mr Baker to send the tablet directly to Archos for repair or replacement rather than directly to Amazon. But this of course didn’t take postage and packaging costs into account.

Archos is not responsible for repaying these costs as it does not have a contract with Mr Baker. Amazon should have given him a choice of either returning the faulty tablet directly to it or arranged for postage of the device to Archos.

Because Mr Baker has had the device for less than six months, he does not have to prove the fault is inherent. Amazon has to prove the fault either doesn’t exist or was caused some other way.

This means Amazon and Archos can examine the tablet to check that it has an inherent fault and the problem with the USB connection has not been caused by accidental damage.

Amazon contacted Mr Baker and he sent the faulty tablet back. Amazon has now sent him a replacement.