need advise on a refund from Amazon

trinidadone

Dear All,

I purchased a jump starter on Amazon in September 2010 after the product repeadly failing me, I got in touch with the sellor on Amazon, who advised me to return the product myself.

After repeated emails from from myself, I requested the following;

1) A full refund of the product £27.48 (it was free P&P

2) The returned postage £7.14 (I pay to pay for the returned postage)

total: £34.62

The sellor has informed me according to there terms and conditions, and the fact I have had the product for five months, they are only willing to refund £22.48 (taking £5.00 for THERE postage costs) and unwilling to refund the postage I had to incure to return the product.

Amazon are unwilling to be involved as I have had the product for over 60 days. Surely I am intitled to a full refund and return postage refund?

what do I do now?

mo786uk

how much use did you get out of it?

trinidadone

used it once, does this matter?

halibut2209

Yes it does. After a period of time, the seller is entitled to give a partial refund due to the length of time the item has been used

trinidadone

well it was used once, it does not work at all, and has been in my posesion for five months

trinidadone

I telephoned Consumer Direct today. They advised me to write a letter of complaint, quoting the Sale of Goods Act and advised me i am intotled to a full refund and my return postage paid back to me

halibut2209

Good luck.

trinidadone

thanks, i was a bit disappointed with the lack of response from this thread. that means alot when you take on the big boyz

dane-katie

I think the seller is being fair, you have had the item 5 months, it could have been used 100 times or just once they wont know, i would just accept the refund offered and see it as a lesson learned.

trinidadone

dane-katie wrote: »

I think the seller is being fair, you have had the item 5 months, it could have been used 100 times or just once they wont know, i would just accept the refund offered and see it as a lesson learned.

Naturally I disagree, dont think a lesson needs to be learned. The product should last for years not months. I think if I had kept the product for a few months and then changed my mind, I could agree, but the product broke down. Consumer Direct quotes I should not have any out of pocket expenses (I think this is included in the sale of goods act). should be fit for purpose, satisfactory blar blar. thanks for the comment though

aheaton46

dane-katie wrote: »

I think the seller is being fair, you have had the item 5 months, it could have been used 100 times or just once they wont know, i would just accept the refund offered and see it as a lesson learned.

I disagree entirely.

The seller has already accepted the item back as faulty. They are not taking money off for the amount of use the item has has had, they have stated it is for their postage costs. They cannot do this when they gave free postage in the first place. (In addition, the purchaser has had no use of the item so the seller cannot deduct money for this anyway. A jump starter is not like a TV, it's not something you use every day.)

Given the seller has accepted it back as faulty, they are accepting it was not fit for purpose and should be refunding the return postal costs.