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Amazon UK supporting charge for a restocking fee

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Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Phone Amazon and point them to:

    http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=1161010

    2: where you are returning an entire order, the Seller will refund the applicable per-item delivery charges and the per-delivery charge

    and

    Sellers can't charge a restocking fee during the initial returns period

    Just to add the law changed after you purchased in which this page may have also changed since. If Amazon say this ask for a copy of the refund conditions for marketplace orders that was in place at the time of purchasing, I doubt there's much difference other than 14 days being 7 working days with regards to these two specific points.

    If they don't help, after the call you'll get an email asking if they were helpful, click no and you can call again which usually goes through to a better level of customer services.

    I take it you missed the post where I said amazon do not operate under UK law? Just because a company has a .co.uk domain does not mean they are even based in the UK, never mind what the choice of law and jurisdiction clauses say.

    While the changes are EU wide, they're not always implemented on the same date across the EU. The EU tells them what changes to make/what effect they should be going for and when to make them by. After that, its up to each countries own governments.

    Further to that, I believe these recent changes were due to a directive, not regulations. Meaning the government have freedom in how to apply them based on what they feel is appropriate.

    In other words, luxembourg may have decided a different route to that of the UK
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Hintza wrote: »
    The OP didn't buy from Amazon!

    Indeed but it's Amazon's job to ensure their marketplace sellers follow Amazon's rules.
    I take it you missed the post where I said amazon do not operate under UK law?

    I take it you missed the part where the text I quoted is Amazon's policy for it's sellers. It's what Amazon expect the seller to do in the event of a cancellation hence linking to an Amazon help page rather than a reference to the law.
    In the game of chess you can never let your adversary see your pieces
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Indeed but it's Amazon's job to ensure their marketplace sellers follow Amazon's rules.



    I take it you missed the part where the text I quoted is Amazon's policy for it's sellers. It's what Amazon expect the seller to do in the event of a cancellation hence linking to an Amazon help page rather than a reference to the law.

    Did you forget you also said this:
    Just to add the law changed after you purchased in which this page may have also changed since. If Amazon say this ask for a copy of the refund conditions for marketplace orders that was in place at the time of purchasing, I doubt there's much difference other than 14 days being 7 working days with regards to these two specific points.

    UK law changes are irrelevant when amazon do not operate under UK law
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Did you forget you also said this:



    UK law changes are irrelevant when amazon do not operate under UK law

    I know they don't but that has nothing to do with the OP!

    The page I linked to is Amazon policy, I very simply noted it may have changed recently as it currently refers to 14 days, whether it was different previously I don't know.

    However the point stands that by selling on Amazon one agrees to adhere to what is written on that page, if the seller fails to abide by Amazon policy, as a customer I would take it up with Amazon as it is the easiest way to see a resolve.
    In the game of chess you can never let your adversary see your pieces
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Your opinion is correct - providing its a durable medium.

    (3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

    And I'm sure it's been discussed here before that returning goods within (what was previously) the 7 working days window is also classed as a durable medium.

    That said, the OP says they contacted the seller, but doesn't say how. If that was by email then the requirements of the DSRs were met anyway. :)
  • I contacted the seller by email to arrange the return.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How much exactly was the fee?
  • Amazon dont operate under UK law. They operate under the laws of the grand duchy of luxembourg. However luxembourg (as an eu country) will have DSRs also.

    Doesnt change that your contract is with the seller and it is the seller you should be chasing.

    If its an Amazon purchase in the UK then they must operate under English or Scots law (depending on which country they are selling in within the UK) I'm afraid. They have offices and warehouses here as well, they cant pull that one.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 June 2014 at 1:08PM
    If its an Amazon purchase in the UK then they must operate under English or Scots law (depending on which country they are selling in within the UK) I'm afraid. They have offices and warehouses here as well, they cant pull that one.

    Seems to go against what the rome convention says.

    Source?

    Amazon.co.uk is merely a trading name. Amazon isnt even VAT registered in the UK. I admit its a loophole, but a legal one. You contract with Amazon EU SARL who in turn have a contract with warehouses in the UK to provide services for them as an EU company.

    THey have to abide by UK employment law (for example) but thats different from the choice of governing law in contracts of sale.

    ETA: Just thought, I think in the EU they need to allow action be to brought in the customers country of residence, is that perhaps what you're thinking of? If so, that relates to jurisdiction only, not governing law.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • None of this stuff about the law matters, Amazon states marketplace seller may not charge a restocking fee.

    OP follow the advice above and complain to Amazon customer services.
    In the game of chess you can never let your adversary see your pieces
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