Please help, amazon admitting wrong but still leaving me out of pocket!!

Lilminx

Hi,

A friend of mine advised me to come on here for advice...

To sum up the information quickly here is the story...


I sent a return to amazon ( a dress my ex bought me) It was faulty, after contact with the seller and the seller agreeing the item was soiled they offered me an exchange of a different item (which there was nothing I wanted).... They didn't have another dress in that size so offered a refund, I asked if refund could be send as gift certificate which they said they could.... I sent at least 10 emails to the seller making sure the gift certificate would be sent to me and not my ex boyfriend and they agreed this would be ok.

I phoned up amazon last week as I hadn't heard from them and the seller was ignoring my emails!! I was ensured by amazon that the gift certificate would be sent to ME.I hadn't heard anything in over a week so called today and they have refunded it all to my ex boyfriend including the money it cost me to return the item by post!!!

There is nothing they can do about it (they say)

The polite gentleman I spoke to this time on amazon agreed that I had been let down by someone but ensured me there was nothing he could do and his managers had said that as the item wasn't marked as a gift by the buyer then they could not discuss the account with me.....

If I had been to,d this by the seller or the first advisor on amazon then I simply would not have returned the dress. I WAS told by an amazon rep that I WOULD relieve the gift certificate and not the buyer.

Now my ex has the £30 refund plus the £3.85 postage that I paid to have returned.

Any thoughts??

I am very angry and feel I have been let down badly by amazon:mad::mad:

Lilminx

Might I add, the amazon rep today informed me I was let down by amazon and not the seller.

He also said his managers were not prepared to discuss this further or give him permission to listen to the first call to amazon where the false information was given to me!!!!

Basically I have lost out and amazon are not willing to look into it any further. Is this right???

wealdroam

You ask 'is this right'.
The answer is yes it is.
Simply because you had no contract with Amazon or the marketplace seller.
It is your ex that had the contract.

I think they were wrong to offer you the gift card.

As your ex paid the £30 originally, you have only actually 'lost out' on the £3.85 postage cost then?

Perhaps your ex will refund the £3.85 to you.

ThumbRemote

I suspect that the legal position is that you will get nothing back.

Your ex had the contract with Amazon for the purchase. As such, the only person Amazon had to accept a return from was him. They have rescinded the contract, and as such returned all money to the other party in the contract - ie your ex. Legally speaking, in posting the dress off you are acting as an agent of your ex, and as such should claim your costs back from him.

There are cases when buying gifts where the rights of the purchaser are transferred to the gift recipient, but for this to happen the purchaser must tell the retailer - which they didn't. Hence the comment from Amazon about it not being marked as a gift.

I suppose you could claim that Amazon set up a new and seperate contract with you to return the dress. This new contract would be formed due to their goodwill, and is not a part of the original purchase. They have then breached this new contract and caused you losses. You could keep pushing Amazon along these lines and see if you get anywhere - tell that that once they'd agreed to take the dress back and refund you, they had agreed a contract for this.

Lilminx

No we are not on talking terms what so ever...

I don't agree that is right though, I asked them repeatedly before I sent the item if this would be sent as a gift card to me?? I was told by both the seller and amazon this would be the case.

Otherwise I would have kept the goods?

wealdroam

Lilminx wrote: »

I don't agree that is right though, I asked them repeatedly before I sent the item if this would be sent as a gift card to me?? I was told by both the seller and amazon this would be the case.

Otherwise I would have kept the goods?

But you didn't make any purchase.

Strictly speaking, Amazon and their marketplace seller should not have been making any refund arrangements with you.

cajef

Lilminx wrote: »

I don't agree that is right though, I asked them repeatedly before I sent the item if this would be sent as a gift card to me?? I was told by both the seller and amazon this would be the case.

Did you inform Amazon or the seller that the item was a gift and you were not the original purchaser or did you just ask them to send you a gift certificate for the amount?

ThumbRemote

wealdroam wrote: »

But you didn't make any purchase.

Strictly speaking, Amazon and their marketplace seller should not have been making any refund arrangements with you.

But they did, and told the OP they would get the gift card. Otherwise OP would have held onto the dress.

It is down to Amazon that the OP is out of pocket. As such they should be taking responsibility.

Hintza

ThumbRemote wrote: »

It is down to Amazon that the OP is out of pocket. As such they should be taking responsibility.

The OP isn't out of pocket they spent no money on the item (bar return P+P)

bris

They have to refund the buyer, they could be liable again if they didn't. The op has no contract with the seller and the seller knows this, this is why they had to refund the buyer. The fact it is now an ex is not the sellers fault, op need to take it up with the ex.

The ex is no doubt down the pub with his £30, toasting his good fortune at his ex's misfortune.

wealdroam

bris wrote: »

The ex is no doubt down the pub with his £30, and his ex's £3.85, toasting his good fortune at his ex's misfortune.

Slight adjustment needed.