Do I have to refund?

toffe

One other point on this to close on (the op has stated he is happy enough and will deal with the matter one way or another when/if he hears anything slse from the buyer or amazon) So this is just to close out the debate on the contractual issues.

It's clear from this thread that my view of how Amazon treat private sellers is one which draws conflicting views, all of them fair points to raise whether i'm in agreement or not.

but during my re-read of the unfair terms in conumer contracts act 1999 i read a definition of what is an example of an unfair contractual term which i think makes a greater argument for claiming the entire Amazon, and posibly ebay and paypal contracts are unenforceable, it reads as follows;

"(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;"

My interpretation of this is that where someone seeks to make an agreement binding to the consumer but in contrast the provision of services by the supplier (in this case the supplier would be ebay, amazon or paypal) is not binding and the supplier can remove, restrict or deny services to the consumer at any time and the provision of those services is not guarenteed under the terms of the agreement then the agreement is unfair.


Therefore i'd argue that all of these user agreements are worthless, hold no legal "weight" and are completely unenforceable.

DVardysShadow

toffe wrote: »

... It's clear from this thread that my view of how Amazon treat private sellers is one which draws conflicting views, all of them fair points to raise whether i'm in agreement or not.

but during my re-read of the unfair terms in conumer contracts act 1999 i read a definition of what is an example of an unfair contractual term which i think makes a greater argument for claiming the entire Amazon, and posibly ebay and paypal contracts are unenforceable, it reads as follows;

"(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;"

My interpretation of this is that where someone seeks to make an agreement binding to the consumer but in contrast the provision of services by the supplier (in this case the supplier would be ebay, amazon or paypal) is not binding and the supplier can remove, restrict or deny services to the consumer at any time and the provision of those services is not guarenteed under the terms of the agreement then the agreement is unfair. ...

Aargh! Another variant to throw in the pot.

I have been focussed on whether Amazon is Seller's Agent or Back to Back Buyer and Seller. Now, here comes another way of looking at it - that Amazon are, by taking a cut, a supplier to our seller, a relationship different from Seller's Agent.

Markb06

Still heard nothing from Seller and Amazon and the money has hit my account.