Refund conditional upon return of unsolicited goods?

Agent_Rothbard

In fact the seller is in breach of Amazon's T&Cs which states that a marketplace seller cannot offer less advantageous T&Cs than Amazon themselves would. In my not inconsiderable experience when Amazon mess up an order they ALWAYS either issue a refund or replacement immediately and then arrange to collect the return at their own expense afterwards. This is what I would expect to happen from a reputable seller. I think no-one on here from what I've seen has the faintest idea about contract law. It's quite funny watching you all getting up tight though.

Agent_Rothbard

Sure, I am really going to try and hang on to a thirty quid book about something I have less than zero interest in. If the seller doesn't pick it up it's going in the recycling. Let's say this seller takes 14 days to "process" my refund. By then I have been deprived of the interest in my high interest savings account for 21 days on the sum of £976. Can anyone give me a good reason why I should find that acceptable. Yes mistakes get made. The cost of the mistakes should be borne by the people who make them. But then I realise self responsibility is probably an alien concept to most.

Leo2020

My understanding is this of the law. You entered into a contact with the seller to purchase X goods. The have not supplied these goods so they should refund you or provide them. As they cannot supply them they should refund you.

The fact they delivered an alternative has nothing to do with your entitlement to the correct goods or a refund. They cannot hold you to ransom.

You may find this useful: https://www.citizensadvice.org.uk/consumer/common-problems-with-products/problems-with-delivery/unsolicited-goods/you-ve-received-goods-or-services-you-didn-t-ask-for/

Agent_Rothbard

unholyangel wrote: »

And yet I found it within seconds

https://www.citizensadvice.org.uk/consumer/common-problems-with-products/lost-found-and-uncollected-goods/a-trader-has-left-goods-with-you/

Involuntary bailment just refers to circumstances where you are in possession of goods belonging to someone else and you didnt agree to be the bailee for them (ie you never agreed that you would look after them for the owner).

The right to set off is not something they must do so to speak but rather, its a defence to any claim you may have against them (for the return of your money for example).

I'd ask you to keep in mind that you came here for our opinions/expertise and also that your own understanding of the law is nowhere near perfect given that you thought this was unsolicited goods when it isn't. Arguing with us that we're wrong when we're just trying to help is not going to serve you any benefit.

I order Y from a seller. I pay for it and he accepts my payment. We have a contract. Instead of delivering X, the seller delivers Y. He is unable to deliver X. He is now in breach of contract. He must return my payment. I have no contract with him with regards to Y. He can collect at his own expense and inconvenience or not. He cannot hold my payment for X as a ransom for the return of Y.

unholyangel

Agent_Rothbard wrote: »

In fact the seller is in breach of Amazon's T&Cs which states that a marketplace seller cannot offer less advantageous T&Cs than Amazon themselves would. In my not inconsiderable experience when Amazon mess up an order they ALWAYS either issue a refund or replacement immediately and then arrange to collect the return at their own expense afterwards. This is what I would expect to happen from a reputable seller. I think no-one on here from what I've seen has the faintest idea about contract law. It's quite funny watching you all getting up tight though.

Now you're just making stuff up. Do keep it up, we haven't had a poster like you in a while. It makes for amusing reading material.

ETA: The fact you expect a one man band to offer the same service/standards as a international corporation group just shows how unreasonable you are imo.

Agent_Rothbard

Leo2020 wrote: »

My understanding is this of the law. You entered into a contact with the seller to purchase X goods. The have not supplied these goods so they should refund you or provide them. As they cannot supply them they should refund you.

The fact they delivered an alternative has nothing to do with your entitlement to the correct goods or a refund. They cannot hold you to ransom.

You may find this useful: https://www.citizensadvice.org.uk/consumer/common-problems-with-products/problems-with-delivery/unsolicited-goods/you-ve-received-goods-or-services-you-didn-t-ask-for/

THANK YOU!!! :beer: First sensible reply and thank you for the link.

Leo2020

Agent_Rothbard wrote: »

I order Y from a seller. I pay for it and he accepts my payment. We have a contract. Instead of delivering X, the seller delivers Y. He is unable to deliver X. He is now in breach of contract. He must return my payment. I have no contract with him with regards to Y. He can collect at his own expense and inconvenience or not. He cannot hold my payment for X as a ransom for the return of Y.

Well as you have now established this there is no need to seek further advice on the forum. Contact the seller and tell them this.

unholyangel

Leo2020 wrote: »

My understanding is this of the law. You entered into a contact with the seller to purchase X goods. The have not supplied these goods so they should refund you or provide them. As they cannot supply them they should refund you.

The fact they delivered an alternative has nothing to do with your entitlement to the correct goods or a refund. They cannot hold you to ransom.

You may find this useful: https://www.citizensadvice.org.uk/consumer/common-problems-with-products/problems-with-delivery/unsolicited-goods/you-ve-received-goods-or-services-you-didn-t-ask-for/

As discussed earlier in the post. these goods are not unsolicited. Even the page you linked says that they are not unsolicited.

For some reason, I think OP will ignore that part though as it doesn't fit into what they've already decided.

marleyboy

Why is anybody even remotely trying to help?

OP has made it perfectly clear...

I'm not interested in anyone's hot air.

So leave them to it and save the advice for more deserved members who genuinely need it.

Agent_Rothbard

unholyangel wrote: »

Now you're just making stuff up. Do keep it up, we haven't had a poster like you in a while. It makes for amusing reading material.

The returns policy offered by Marketplace Sellers must be equivalent to or better than the returns policy offered by Amazon.co.uk
http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=1161010