not offering full refund, amazon marketplace seller

joep000

Hi,

I wonder could anyone advise on what to do, regarding an amazon marketplace seller who is offering to refund only half the money i payed for the goods. I have not yet returned the goods, but have emailed the seller through Amazon.

I bought the android tablet last may, since then it hasn't been quite right and now i've given up and have emailed him to return the item. The seller is on Amazon Marketplace so not direct from Amazon. The seller has stated that I head read the "sale of goods act" incorrectly and that "In almost all cases a full refund isn't applicable as most sales are perishable and lose value over time". This item is in perfect condition and i even have all the accessories and original box.

I only ordered from this Amazon Marketplace seller because of the guarantee, I feel cheated.

Should I send the goods back or try to get some assurances from the seller that he will refund the money? I intend to take photographs at the least.

I am concerned that i wont get a refund if i just send it back and the seller will say it is damaged. Any advice on what i should do?

regards,
Joe

tomwakefield

joep000 wrote: »

Hi,

I wonder could anyone advise on what to do, regarding an amazon marketplace seller who is offering to refund only half the money i payed for the goods. I have not yet returned the goods, but have emailed the seller through Amazon.

I bought the android tablet last may, since then it hasn't been quite right and now i've given up and have emailed him to return the item. The seller is on Amazon Marketplace so not direct from Amazon. The seller has stated that I head read the "sale of goods act" incorrectly and that "In almost all cases a full refund isn't applicable as most sales are perishable and lose value over time". This item is in perfect condition and i even have all the accessories and original box.

I only ordered from this Amazon Marketplace seller because of the guarantee, I feel cheated.

Should I send the goods back or try to get some assurances from the seller that he will refund the money? I intend to take photographs at the least.

I am concerned that i wont get a refund if i just send it back and the seller will say it is damaged. Any advice on what i should do?

regards,
Joe

A partial refund to take into account usage is legal. If the store is offering a 50% refund after 9 months, he is arguing the lifespan of the device is around 18 months. If you felt this was unrealistic you could discuss this with him, but in principle the store has not done anything wrong.

joep000

Thanks for the comment Tom.

I am surprised, I certainly wouldn't have bought from this seller under those terms, and I certainly expect any device to last longer than 18 months.

I am concerned that the seller will say the goods are damaged on receipt, is there anything I can do to prove the goods are not damaged before sending them?

best regards,
joe

arcon5

Those are implied terms in law so all consumer purchases are in those basis. It's very fair that a refund should be reflected by the use... For example you can buy a washing machine then get a full refund if it becomes faulty 2 years later.

I'd expected your refund to be reduced by no more than 25% though in this instance.

joep000

Hi,

Thanks again for the advice. Do you think I should send this back item back and then negotiate a refund price? Or perhaps raise it with amazon before sending the item back?

I might not feel so cheated by a 25% reductuon but the seller was offering less than 50%. The item didn't just break, arguably it has never worked entirely correctly.

I would take a refund or repair but the seller has no stock and is not in a position to repair. I'm not feeling a lot of trust for this seller so I'd like to do everything I can in the correct manner.

Joe

PS I my Indesit washing machine exploded last year, the washing machine quote reminded me!

unholyangel

joep000 wrote: »

Hi,

Thanks again for the advice. Do you think I should send this back item back and then negotiate a refund price? Or perhaps raise it with amazon before sending the item back?

I might not feel so cheated by a 25% reductuon but the seller was offering less than 50%. The item didn't just break, arguably it has never worked entirely correctly.

I would take a refund or repair but the seller has no stock and is not in a position to repair. I'm not feeling a lot of trust for this seller so I'd like to do everything I can in the correct manner.

Joe

PS I my Indesit washing machine exploded last year, the washing machine quote reminded me!

Why not get a quote for a repair and see if the retailer will reimburse you that cost?

Techhead_2

I think 'only' a 25% reduction is optimistic. The lifespan of a tablet will only be a few years and it will depreciate most in the first year. Somewhere between the two figures is more likely, depending on the initial cost.

joep000

Thanks for the comments, unfortunately there isn't anywhere to take it to for repair.

I certainly would expect any tablet device to last longer than two years, I've got plenty of kit much older than that. Besides this fault I believe has been present since the beginning.

Do you think I should send this back item back and then negotiate a refund price? Or perhaps raise it with amazon before sending the item back? I have little trust in this seller now, with such online purchases what is to stop the seller claiming the tablet is damaged on receipt of the return?

regards,
Joe

deanos

what is the spec and price you paid ?

tomwakefield

joep000 wrote: »

Do you think I should send this back item back and then negotiate a refund price? Or perhaps raise it with amazon before sending the item back?

I would certainly agree a refund price before sending it back, unless there is some time limit. Once they've got the tablet they can argue that you accepted the proposed refund by sending it back, and you'd stand a snowballs chance in hell of getting any more money out of them.

joep000 wrote: »

I have little trust in this seller now, with such online purchases what is to stop the seller claiming the tablet is damaged on receipt of the return?

I would guess the best you could do would be to make sure it's well padded, take a photo of the parcel before sealing it, and insuring it. There's nothing by way of a foolproof system though.

joep000

Hi,

The item is just a relatively cheap £110 Android tablet, 8 months old always had this issue.

I must admit I've never been offered a part refund, always been given a replacement or full refund, like I said I only bought through this seller because of the terms. I don't have any confidence in the seller now. I will take some photos and try to negotiate with the seller before sending the item back.

Any further advice appreciated.

regards,
Joe