Amazon retailer won't refund

Cliffe1

Hi All, looking for perspectives.

Return authorised by retailer who now states that they will not refund due to goods having the outer packaging removed and not being in the condition it was received in. Reason quoted is "DSR rules state"

This is not the case regarding the goods, they are exactly as received. There was no cellophane wrapping or anything, simply an openable box. I did send back in a different cardboard outer (postage box) but surely this cannot be a valid reason to refuse a refund? The goods are still totally saleable.

My question is how do I go about contesting this and does the retailer have a leg to stand on here?

Thanks if you can help.

Cliffe

frugal_mike

Well firstly, the Distance Selling Regulatiins no longer apply (unless you ordered the goods before June 13th 2014). The law that now applies is the Consumer Contracts Regulations.

Now its true that these regulations do allow the retailer to deduct an amount (up to the full value paid for the goods) for any reduction in value of the goods caused by the consumer. In my opinion this part of the law is very badly written and effectively gives the retailer carte blanche to refuse refunds with no easy way for the consumer to object.

The law is not specific about what constitutes a loss of value, but if you sent it back in exactly the same inner packaging with no seals broken then I don't see how a retailer can complain. The outer packaging is not part of the product you bought (assuming it was packaging added by the retailer).

Even if it was deemed that you have reduced the value of the goods then they still cannot refuse to refund the whole amount, they can only reduce the refund to cover their loss.

One final thing to note, the retailer is not allowed to reduce the refund if they failed to provide you with certain information about your rights to a refund (as described in regulations 10-15 I believe). This applies no matter what state the goods are returned in, and the burden of proof is on the retailer to prove they supplied the required information.

Did the retailer provide you with the information (in durable means, so a website does not count).

As for what you can do, if they refuse to refund you will need to take them to court. You could try contacting Amazon first to see if they will convince them to refund you.

George_Michael

frugal_mike wrote: »

Now its true that these regulations do allow the retailer to deduct an amount (up to the full value paid for the goods) for any reduction in value of the goods caused by the consumer.

That isn't strictly correct.
The retailer can only make a deduction for loss of value if the consumer goes beyond the actions required to establish "the nature, functioning and characteristics" of the goods.

If packing materials have to be damaged in order to inspect the goods to ensure that they are as described, then legally the retailer shouldn't make any deduction to cover this.

Cliffe1

Thanks for responses.


I have now downloaded the CCR from an earlier link. I cant see how the retailer thinks I am going to buy their rubbish on this one. Re-reading the email there seems to be a suggestion that they are word for word quoting the DSR and even a quick internet search blows this out of the water. Seems at best they could make a deduction but I would contest this also.


Cant believe people still try this stuff. Makes me cross. I'm aware that it isn't convenient for them to refund me but there is no need to be obstructive about it. They are in business and there are rules/laws regarding their responsibilities.


I will continue the conversation while pointing out inaccuracies and take to amazon disputes if I have to.


Fingers crossed and thanks again.