Received broken item - offered partial refund

flyer64

Hi Guys,

I bought a gift for my dad on Amazon via a marketplace seller. I bought it a couple of weeks ago. Yesterday he opened it and rather embarrassingly it was broken. (I didn't check it when I received it as I didn't want to open the box and have dad think I'd bought him something second hand! Lol!)

I've had a few minor problems over the years with Amazon and the Marketplace sellers, all resolved easily with replacements or refunds. This time however the seller has just contacted me and offered me a "possible partial refund" if I provide some photos of the damages. I have read and re read the T&C and I'm totally confusing myself. Does anyone have any words of wisdom on this?! Why a partial refund? Anyone had similar experiences?

Ta!

marliepanda

Not 109% sure of legality But you've had care of this item for two weeks. How is the seller to know if you've dropped it, knocked it off a table, kicked it through a window in that time?

flyer64

marliepanda wrote: »

Not 109% sure of legality But you've had care of this item for two weeks. How is the seller to know if you've dropped it, knocked it off a table, kicked it through a window in that time?

True. But couldn't the same be said for the various other bits and bobs I've returned, granted a bit quicker? Amazon even told me to keep one of the broken things and refunded me so I could have been telling fibs, kept the item and also got my money back. I guess I was hoping that returns policies might be a little more forgiving over Christmas. Typical, I'm too organised for my own good! :rotfl:

unholyangel

marliepanda wrote: »

Not 109% sure of legality But you've had care of this item for two weeks. How is the seller to know if you've dropped it, knocked it off a table, kicked it through a window in that time?

Doesnt matter. SoGA is clear, you have a reasonable time to inspect the item to see if it conforms to contract. If it does not conform to contract at any point within the first 6 months after sale, it is for the retailer to prove the item is not inherently faulty, not for the OP to prove it is.

Additionally if you purchase online you have rights under the DSRs. If you are informed of your right to cancel in a durable medium (email, fax, letter but not website or linked t&c's) then you have 7 working days after delivery to notify them of your intent to cancel. If they didnt inform you of this right in a durable medium, you may have up to 3 months and 7 working days in which to cancel for a refund.

redcard

What did you buy and in what way is it broken?

No need to be cryptic about it.

flyer64

redcard wrote: »

What did you buy and in what way is it broken?

No need to be cryptic about it.

Wasn't my intention to be cryptic. It was a garden ornament and it has a large crack in the base.

unholyangel

flyer64 wrote: »

Wasn't my intention to be cryptic. It was a garden ornament and it has a large crack in the base.

You may struggle in that case if it has been physical impact rather than manufacturing flaw as proving when the damage occurred will be next to impossible - it may also be seen to form part of the contract if it would've been obvious upon inspect and nothing hindered you from inspecting it.

What does amazon a-z say?

hollydays

It's got damaged in transit, it was a gift, just ask for a full refund.

McKneff

I don't see why anyone would think it was 2nd hand if you opened it, examined it and rewrapped it in gift wrap ????