Do I have to refund?

soolin

Markb06 wrote: »

Why is this not the same as a shop. If i bought something from a shop and changed my mind then the shop does not have to refund me. Its all down to goodwill. Now just because the buyer was to impatient to wait for his product and bought the phone elsewhere thats not my problem.

And why only email me after he had recieved the phone from me. Why not before? He got the phone on Saturday morning but left until late last night to tell me he dont want it.

I am not running away hence why I have came here for advice so get off your high horse and lose the attitude

High Horse? Merely pointing out the terms and conditions you agreed to when you signed up. Surely better to know what you are going to face rather than just tell you it will all be fine? You can not successfully defend yourself against anything unless you know what you face.

As for shops, Amazon is not a high street shop it is an online shop and therefore subject to distance selling regulations. So if you bought a phone from any online shop you have a right to a return the guidelines. Amazon do not recognise private sellers and expects all sellers to abide by the DSRs.

DVardysShadow

soolin wrote: »

Amazon will refund the buyer and chase seller for payment, there have been instances of this on the forums there before. That's why Amazon now demand sellers lodge a credit card with them rather than just a debit card as it makes it easier to recover funds (although not of course guaranteed). However not all sellers have yet been asked to register a credit card as the system seems to be rolling over very slowly. However I agree there have been few instances where that 'chasing' has gone beyond some rather nasty letters and a few debt collection threats. I am nto aware that anyone has yet had any form of legal force used against them. Most people chased this way have benen more upset that everyone else connected with them has had their account closed as well, as that can cause some family issues.

On the ebay and others board we often get threads about why some companies make it so difficult for sellers to register to sell, this proves why that is. If sellers believe they can sign up, agree to all the terms and conditions and then run away and hide the moment those conditions are enforced then maybe selling sites should be even stricter with their membership.

It isn't that clear cut. That is the problem, it is not clear cut. Certainly, the private seller with Amazon is giving up some rights as a private seller - but because the legal relationships are not in the least clear, it is not clear either that Amazon could enforce the giving up of rights as a private seller, even though this may be enshrined in the Terms and Conditions.

Essentially, it appears to me that if a buyer wants to enforce his rights against Amazon, Amazon are likely to turn round and say 'We are not the seller, we are acting as Agent'. If they do that, then the seller is essentially a private seller, the transaction is entirely between buyer and seller and essentially, Amazon do not have the standing to enforce their terms and conditions over interaction between buyer and seller.

If Amazon were to state to buyers that their contract is with Amazon, then the seller's contract for the sale is entirely with Amazon and responsibility for defaults on the part of the [private] seller would lie with Amazon. In that case, Amazon would have the standing to enforce their terms and conditions.

The problem is that Amazon are adopting different positions for their own convenience. You cannot argue this out until is is resolved as to whether Amazon are acting as Seller's Agent or as back to back buyer and seller between actual seller and buyer.

soolin

You may argue all you wish but if buyer tells Amazon he wants a refund they will allow it.

DVardysShadow

soolin wrote: »

You may argue all you wish but if buyer tells Amazon he wants a refund they will allow it.

That is the reason for the argument in the first place.

You have neatly taken this around in circles.

custardy

DVardysShadow wrote: »

That is the reason for the argument in the first place.

You have neatly taken this around in circles.

the original question is do i have to refund?
the answer is no,but if the buyer puts a claim into amazon then yes
hows that?

Zazen999

To be fair to the buyer; if he paid on Sunday and received it on the Saturday; then the end of the 5 working days was Friday night - so yes, it was late.

He probably didn't email you before he got it because he hadn't got it and was assuming that it wasn't coming at all.

wealdroam

Zazen999 wrote: »

He probably didn't email you before he got it because he hadn't got it and was assuming that it wasn't coming at all.

But he should've emailed the seller as soon as he decided to buy elsewhere.
I.e. when he decided he didn't want anything from the seller.

Whatever happened to common courtesy?

custardy

wealdroam wrote: »

But he should've emailed the seller as soon as he decided to buy elsewhere.
I.e. when he decided he didn't want anything from the seller.

Whatever happened to common courtesy?

perhaps since the buyer heard nothing from the seller for 5 days(did they?) they thought the same?

Zazen999

wealdroam wrote: »

But he should've emailed the seller as soon as he decided to buy elsewhere.
I.e. when he decided he didn't want anything from the seller.

Whatever happened to common courtesy?

Why should the buyer be doing all the chasing? Sellers that do not communicate get all they deserve [IMHO]

wealdroam

Zazen999 wrote: »

Why should the buyer be doing all the chasing? Sellers that do not communicate get all they deserve [IMHO]

I am not suggesting that the buyer, or anyone else, should do all the chasing.

The buyer decided he didn't want the goods.

I believe the buyer should have notified the seller as soon as that decision was made.

Ok, the seller also made mistakes.