returned items have gone missing in the post

stevieboy308

ludovico wrote: »

"And failing to restore the goods to the supplier for a refund is taking reasonable care is it? The fact op posted them is irrelevant, especially considering DSRs specifically use the word "receive"

You are still missing all the points above whilst simply touting the word 'received' without considering the rest of the sentence/paragraph. Bottom line is a judge would decide what is reasonable and if the consumer went armed with all the points above which favoured their agenda and lost it would be a great shame.

OP have you called Amazon to see what they say?

not yet, i'm giving hem another day or so

arcon5

stevieboy308 wrote: »

not yet, i'm giving hem another day or so

Just for future reference, if you're rejecting goods under SOGA (ie when they are faulty or don't conform to contract), you only have to make them available for collection at their expense. Not always as simple as it sounds with some sellers -- but always worth pushing for

stevieboy308

arcon5 wrote: »

I'm not missing your point at all, I just don't agree with it -- especially since the consumer has the contract with the sender and is in the prime position for submitting a claim

.

If your theory is correct, here's how it goes

RM = winner
consumer = winner
supplier = looser

The other way round

RM = looser (rightfully so)
supplier = winner
consumer = winner

Since RM are the cause of the issue, why should they not be forced to restore the situation with the contractee

.

that's all irrelevant, what is relevant is what the legislation says, including the bits you you keep forgetting!!

stevieboy308

arcon5 wrote: »

Just for future reference, if you're rejecting goods under SOGA (ie when they are faulty or don't conform to contract), you only have to make them available for collection at their expense. Not always as simple as it sounds with some sellers -- but always worth pushing for

yes lesson learnt!!! that will be the way forward in the future.

stevieboy308

Update.

After getting nowhere with the seller I opened a a - z dispute with amazon and about 2 days later I've just had an email saying I'm getting a refund.


Stevie