deceptive seller on Amazon marketplace

Annabee

I ordered an expensive academic textbook from an Amazon Marketplace seller who calls themselves 'XXXX.uk'. The order was dispatched on 6th September, with a stated delivery window up to 23rd September. By 24th it had still not arrived, and as my university assignment was getting near the deadline I bought a copy in a bookshop. On 25th I messaged them saying I presumed lost in the post, could I have a refund. They replied I would have to wait until 6th October. And informed me it was coming from the USA! I would not have ordered if I had known this. Checking back on the sellers details on Amazon there is no indication they are not in the UK, whereas I see other US based sellers do flag this up, so customers can make an informed choice. On checking the sellers feedback, some other customers are complaining of the same thing.

Then yesterday Royal Mail turn up with the parcel, and tell me there is a £13 customs charge to pay! So I refused delivery, as there was no way I was going to pay that especially when I had basically been lied to.

What's my position here? Should I message them cancelling under the Distance Selling Regulations? Or should I just pretend it never showed up? A bit devious, I know, but not as devious as them!

I don't know if they'd be able to tell there was an attempted delivery, there was no tracking number supplied. I suppose they will eventually get it back in the post.

frugal_mike

The distance selling regulations won't apply to an American company. Try contacting Amazon and complaining.

tinkerbell28

A-Z claim. Say it never arrived within the delivery window (it didn't). Then when it showed up, you'd one, got a replacement already. Two there was a customs charge as the seller had lied about location.

So you refused delivery.

Annabee

So I wouldn't be able to use the Distance Selling Regulations as they are not in the UK? Even though they are selling on amazon.co.uk, and led me to believe they were in the UK?

I could use the Amazon A-Z claim, I suppose, but I have heard bad things about them siding with the seller and allowing sellers to charge things like re-stocking fees. Incidentally, why do they not make Marketplace sellers clearly show their location, as they do on Ebay?

What about a chargeback from my bank?

tinkerbell28

Annabee wrote: »

So I wouldn't be able to use the Distance Selling Regulations as they are not in the UK? Even though they are selling on amazon.co.uk, and led me to believe they were in the UK?

I could use the Amazon A-Z claim, I suppose, but I have heard bad things about them siding with the seller and allowing sellers to charge things like re-stocking fees. Incidentally, why do they not make Marketplace sellers clearly show their location, as they do on Ebay?

What about a chargeback from my bank?

Just do an A-Z claim. You will win it, it's the easiest way.

Slowhand

Where has the seller lied?

Buzby

He hadn't - you assumed, based on his trading style. As for being charged for Customs, most unusual as I've never had any book surcharged in this way - unless he misdescribed the item. However as RM charge for clearance it is an odd amount - could it not have been a postage/weight shortfall? (Still inexcusable).

However, the onus is with you to clarify the seller meets your needs - I buy stuff from around the world, and sometimes the postage cost is a giveaway but you might be lucky and get a refund, but Marketplace is fickle. Did the seller guarantee a delivery date, or did you assume this too?

Annabee

Buzby - I think it was a reasonable thing to assume. Like I said, other USA based sellers on Amazon point out in their details they are sending from the USA. The way they have deliberately not mentioned it, and call themselves XXXX. UK is quite obviously to mislead customers. Other customers have complained about this too, in the feedback which I realise now I should have checked before ordering. (in a hurry at the time. Apart from this, How exactly do you think I should have checked them out?? - googling the trading name they use on Amazon just brings up the Amazon details I have already seen, not indicating location.

Actually Distance Selling Regulations say an address should have been provided by the sellers.

I did not 'assume' the delivery dates window - it was on my confirmation e-mail.

As for the customs charge, can only assume it was because the book was over £50 and coming from outside the EU.

tinkerbell28

The op will win hands down. One the seller has misled Amazon, as they gave a specific delivery window. Amazon allocate this, by taking into account postage terms and sellers location. They would also warn of customs charges for international sales.

Two, it was out of the delivery window when op had to replace. Three, seller then said, 6th of October as it's from the USA.

So he hasn't registered as a US seller, no reason for op to think otherwise, as he will be portrayed as a UK seller by Amazon then, with timescales to match.

When you open A-Z, all the emails will be listed op. You will win.

wealdroam

Annabee wrote: »

Actually Distance Selling Regulations say an address should have been provided by the sellers.

But, as has already been pointed out, DSRs do not apply to any seller outside of Europe.

They are selling in America.
You chose to buy from a seller in America.

EU laws and or UK laws do not apply to such transactions.

tinkerbell28

wealdroam wrote: »

But, as has already been pointed out, DSRs do not apply to any seller outside of Europe.

They are selling in America.
You chose to buy from a seller in America.

EU laws and or UK laws do not apply to such transactions.

No she didn't. The seller has clearly misrepresented his location.

With UK in the name for one.

Then Amazon give delivery windows. These are calculated by the data Amazon have with their stated location and postal service used.

So although the dsr's bit is right. I wouldn't say she did choose to use a seller from the USA.

Op you'd win A-Z on this.

People are getting far into deep and making presumptions, of xyz. The solution is really simple.