Returned goods not arrived?

lucy03

the_lunatic_is_in_my_head wrote: »

But if you read my first post in the thread it says "if...".



No I'm not the OP? Yes I do run a (small) business, would be a lot of Christmas cards otherwise;)

My point is the OP has been told to claim from RM and that the seller should not have to be abide by a "silly" law (as well as being called a knob) whereas the most likely situation is the seller has the goods but it's convenient to say they don't as they weren't tracked but regardless and as I said before, "If you [the OP] told the company you were returning/cancelling within the time advised by durable means (or within 3 months and 7 working days of receipt if no information presented) and the parcel was clearly and correctly addressed (and I should have added have proof of return) then let Amazon know you have followed the requirements for the DSR regs and require their assistance in receiving your refund which is due.

If the above was followed the seller is obligated to refund within 30 days of the cancellation request, it's an unconditional right.

This isn't a matter for Amazon, they are a payment processor in this instance, and so they don't arbitrate on behalf of the law and award postage costs as well. Legally the buyer would probably be entitled to a refund plus return postage costs, but Amazon are very unlikely to take more than the original cost of the item back from the seller, in the same way Paypal don't for eBay purchases.

Regardless of the unconditional rights, to enforce those would require legal action if the seller doesn't want to refund. That would be a stressful and time-consuming process in my view, and a judge may well ask why that route has been followed without seeking a refund from the Royal Mail.

A refund from the Royal Mail would in my view be substantially easier for the OP, unless they wish to pursue a legal case for the same return.

prestonisidore

You should know first the rules and regulation of the company so that what ever happen you cant blame. Actually, I don't like this kind of aspect buying some important things through online it can cause a lot of time.

the_lunatic_is_in_my_head

lucy03 wrote: »

This isn't a matter for Amazon, they are a payment processor in this instance, and so they don't arbitrate on behalf of the law and award postage costs as well.

No actually Amazon are more than that, they are a world wide brand focused on increasing market share and ensuring their platform is the one people come to when they want to shop.

Whilst they don't have a legal obligation to help the OP, in the interest of customer service and ensuring their brand is associated with quality I think there is the possibility they would help.

I spend a fair bit on Amazon, if I were in this situation, from Amazon's point of view do they refund some money from someone else's pocket (that I'm entitled to) or do they risk losing me as a customer?

Online shopping isn't like the "real world", the competition is just a mouse click away and whilst I'm not a fan of Amazon's market dominance (as I don't believe it's good for suppliers, small businesses and ultimately consumers in terms of price and choice) the reason they have that market dominance is trust achieved through service.

As for claiming from Royal Mail, I've posted this on the MSE eBay board and I know it won't be a popular opinion, but doing so is passing the financial burden on to another party because it's easier, feel free argue left and right over that point but please don't be complaining about their recent price hikes...

lucy03

the_lunatic_is_in_my_head wrote: »

No actually Amazon are more than that, they are a world wide brand focused on increasing market share and ensuring their platform is the one people come to when they want to shop.

Whilst they don't have a legal obligation to help the OP, in the interest of customer service and ensuring their brand is associated with quality I think there is the possibility they would help.

I spend a fair bit on Amazon, if I were in this situation, from Amazon's point of view do they refund some money from someone else's pocket (that I'm entitled to) or do they risk losing me as a customer?

On balance, I suspect they would ask the OP to make a claim from the Royal Mail, but Amazon customer services is typically very good, and it wouldn't hurt to ask them. They can't really take the money from someone else's pocket if the A-Z guarantee isn't applicable in this instance though. Certainly eBay in this instance might offer one of their fault-free refunds that they pay for, I don't know how often Amazon do the same.

the_lunatic_is_in_my_head

Looking at the help pages, Amazon advise items over £50 to be returned tracked so if less then a buyer has adhered to the advice Amazon give, although worth a note that (I think) the compensation has dropped to just £20 so if the shoes were more (including the out going postage) the OP wouldn't be getting all their money back this way.

lucy03

the_lunatic_is_in_my_head wrote: »

Looking at the help pages, Amazon advise items over £50 to be returned tracked so if less then a buyer has adhered to the advice Amazon give, although worth a note that (I think) the compensation has dropped to just £20 so if the shoes were more (including the out going postage) the OP wouldn't be getting all their money back this way.

If the OP has returned an item without adequate insurance to cover a loss the seller could argue that they haven't taken reasonable care. I suspect such an argument would fail in the small claims courts due to the wording of the Distance Selling Regulations, but I wouldn't personally want to push that point just in case the judge thinks it's valid.

In these circumstances, I agree, Amazon would be a good port of call in the first instance.

izziewiz

mattyprice4004 wrote: »

I was only trying to save your time, but as you seem intent on being the other name for a door handle I'll leave you to it.

I didn't come on here for insults, just advice but as your attitude was the other name for a glutus maximus, I felt I had to answer. As it was you didn't even give advice just basically "had a go" at me for asking. Thanks for that!

izziewiz

Slowhand wrote: »

So you are claiming from the Royal Mail AND Amazon?

No, I am NOT claiming from both Amazon & Royal Mail - I am contacting them for advice -no law against that is there? I would not even contemplate doing that.If you read post #9 properly, he suggests contacting Amazon OP and doing just that, which I thought was a good idea.

the_lunatic_is_in_my_head

izziewiz wrote: »

Amazon OP

Hi, OP just means opening poster i.e yourself:) Don't let the others get to you but it would be interesting to know what Amazon say, do mind me asking what the order value was for the shoes?

lucy03 wrote: »

If the OP has returned an item without adequate insurance to cover a loss the seller could argue that they haven't taken reasonable care. I suspect such an argument would fail in the small claims courts due to the wording of the Distance Selling Regulations, but I wouldn't personally want to push that point just in case the judge thinks it's valid.

Difficult one but could be classed as an unfair term, really any seller who gets a cancellation should advise how to return and if requiring a certain service for a specific reason which was of greater cost than the service used to originally send the goods would do well to reimburse that additional cost as well.

izziewiz

the_lunatic_is_in_my_head wrote: »

Hi, OP just means opening poster i.e yourself:) Don't let the others get to you but it would be interesting to know what Amazon say, do mind me asking what the order value was for the shoes?

DOH!! The value of the shoes was £27.98. I have contacted the seller again to confirm that they have/have not received the shoes back & will start a claim from Royal Mail and I will also send the original Proof of Postage as they have requested. On their website it states that if the item wasn't faulty I had to pay the postage myself. I haven't contacted Amazon yet but will do so later today for any advice they may have and will post their answer.
Thanks.