Amazon Refund

tommoda

I purchased gaming console from Amazon about 30 months ago.

Recently it stopped switching on so I spoke to Amazon who escalated it further due to how long it had been.

I spoke to Amazon again a few hours later and they agreed for me to return it for a refund of the item cost. This has been confirmed numerous times with about 3-4 operators. I have today received an email saying that Amazon are under no obligation to replace or repair the product so they won't do anything.

I have logs of the chat sessions with Amazon that clearly show that they have agreed for me to return it for a refund and a scheduled pick up is this week and checking that reference number with the courier shows it as still active and scheduled for the pick up.

Can Amazon agree to something and then say they won't? It seems a bit unfair. I understand that it has been a very long time since purchase and while they might not be under any obligation can they agree to something and then back track on it?

What can I do to make sure amazon follows up with their agreement on this?

frugal_mike

Well a full refund after 30 months would be unbelievable. Legally they have to repair replace or refund if the fault is inherent, and the refund can be partial to take into account your usage of the item. At nearly 2.5 years I works expect at least a 50% deduction on a console.

However as it is more than 6 months since you purchased the item it will be assumed that the fault is not inherent (and thus not covered) unless you can prove otherwise. You need to get an independent report that claims the fault is inherent.

As for whether the chat logs saying they will refund are contractually binding I don't know for certain, but I strongly suspect not. I'll let others correct me if I'm wrong.

SuperHan

frugal_mike wrote: »

However as it is mote than 6 months since you purchased the item it will be assumed that the fault is inherent (and thus not covered) unless you can prove otherwise. You need to get an independent report that claims the fault is inherent.

I think you mean it will be assumed that the fault is NOT inherent. Inherent faults are covered by SOGA.

Is it possible Amazon are going to inspect your item, and then refund, and the no obligation clause means if for example the console is filled with water they won't refund?

tommoda

SuperHan wrote: »

I think you mean it will be assumed that the fault is NOT inherent. Inherent faults are covered by SOGA.

Is it possible Amazon are going to inspect your item, and then refund, and the no obligation clause means if for example the console is filled with water they won't refund?

Here is a direct snip from the email

"Amazon.co.uk is therefore not under an obligation to offer any additional assistance in repairing or replacing your product."

I do understand that it is way out of warranty, etc, and even surprised myself when they said they would refund it.

I just don't want this to get messy. While they might not have been under any obligation to do anything. Doesn't them agreeing to refund now put them under an obligation? I have emails and chat logs that show they have agreed and arranged.

If it was the other way around and I agreed something and then turned around and said sorry, I'm not going to do that. Surely they would not be very happy at all and would no doubt chase me about it.

frugal_mike

SuperHan wrote: »

I think you mean it will be assumed that the fault is NOT inherent. Inherent faults are covered by SOGA.

Is it possible Amazon are going to inspect your item, and then refund, and the no obligation clause means if for example the console is filled with water they won't refund?

Erm yes, I meant not inherent. I will amend the post to avoid confusion.

frugal_mike

tommoda wrote: »

Here is a direct snip from the email

"Amazon.co.uk is therefore not under an obligation to offer any additional assistance in repairing or replacing your product."

I do understand that it is way out of warranty, etc, and even surprised myself when they said they would refund it.

I just don't want this to get messy. While they might not have been under any obligation to do anything. Doesn't them agreeing to refund now put them under an obligation? I have emails and chat logs that show they have agreed and arranged.

If it was the other way around and I agreed something and then turned around and said sorry, I'm not going to do that. Surely they would not be very happy at all and would no doubt chase me about it.

I don't think what they said formed a contract. They probably made a mistake and didn't realise how old your console was, or someone more senior overruled the decision. It's not great customer service to get your hopes up and then take it away so it may be worth complaining to see if they make a gesture of goodwill.

If you want it fixing you'll have to get the independent report. If its in your favour then they will have to do one of the things I mentioned above as well as refunding the cost of the report.

tommoda

frugal_mike wrote: »

I don't think what they said formed a contract. They probably made a mistake and didn't realise how old your console was, or someone more senior overruled the decision. It's not great customer service to get your hopes up and then take it away so it may be worth complaining to see if they make a gesture of goodwill.

If you want it fixing you'll have to get the independent report. If its in your favour then they will have to do one of the things I mentioned above as well as refunding the cost of the report.

In one of the chat logs it is mentioned how old it is because they couldn't create a return label as one was not available due to how long ago the purchase was. So they gave me the address and told me to write it down on the package, etc. When I asked if this would affect my refund they said "no it won't"

I then asked how long the refund would take and they said "Once we receive the item, the refund will be issued and it will take 2 business days"

What makes it more worrying for me is that an event happened solely because I was getting a refund, which was me purchasing another console, safe under the knowledge that I would get a refund which would cover the cost of the new console. Which without the refund I would not be able to get.

frugal_mike

Well needless to say, spending money you don't yet have is risky. Depending on how and when you bought the new console you may have the right to return it for a refund if you need to.

tommoda

frugal_mike wrote: »

Well needless to say, spending money you don't yet have is risky. Depending on how and when you bought the new console you may have the right to return it for a refund if you need to.

Suprise suprise. It was bought from Amazon. it is risky, but I didn't expect this to happen. Just one of those things.

I've sent an email to the MD, I don't think it is fair as they were fully aware of the purchase date, etc and they agreed and there is evidence of this. If it was a mistake why was it checked and confirmed to be all well by different operators.

frugal_mike

I agree its poor service to lead you on and then change their mind. If you're still within the time limit for cancelling under the distance selling regulations then you can get your money back on the new console even if you've used it. You aren't allowed to cancel software that has been unsealed so if it came with a game and you opened it then that may be a problem.

artbaron

In answer to your OP, no, they are under no obligation to do anything just because they said they would. I don't know why they said they would in the first place - two and a half years is way past any reasonable timescale for return for a gaming console - but that's of no consequence to your rights.