Please help, Amazon not offering me a refund

gudthing

Hello!

My girlfriend purchased a pair of (£73) binoculars from Amazon on the 9th July 2015.

These were for my birthday which was on the 25th, and she had not opened them up since it was a gift.

When I opened them, due to the area I'm in, I was unable to properly test them and at first sight they seemed okay. I wanted these since we were going to go to Cornwell for a week 15rd-23rd August.

When I tried to use them in Cornwell, it had severe double vision (which it's a problem with the collimation, which is a fault with the product).

We got back, and on the 25th August I requested a refund. They said this:

"This is covered under the RTB (Return to Base) Warranty for repair or replace covering any manufacturing defects, the item is outside the refund period. "

Furthermore, they also expect me to pay for postage (which will be £15), again, when I asked them:

After 30 days your item is covered under the RTB (return to base) warranty. This means that you pay for the item to return to us and will will pay for the repaired / replaced item to ship back to you.

Is this right? I can't believe I'm expected to pay for postage, when the item is clearly faulty. I've actually decided I want a different pair of binoculars, hence the reason I don't want an exchange. Please can someone help me.

Update:
I tried to tell them that I shouldn't have to pay postage and this is their reply:

I'm sorry but as per the pre-published terns and condition after 30 days your item is covered under the RTB (return to base) warranty. This means that you pay for the item to return to us and will will pay for the repaired / replaced item to ship back to you.


Anyone know if there is anything else to say?

marliepanda

You can't request a refund, (well you can but you can't demand one) they can repair or replace. The fact you want something different is irrelevant.

They should pay the postage though.

gudthing

thank you for your message. I guess that's okay, but at least I know I shouldn't be paying for postage.

Do you know what I should say back?

It's really frustrating when I write half a page email and they reply with one line!

JJ_Egan

Two reasons for collimation one is faulty build the other is they have been dropped .

shaun_from_Africa

gudthing wrote: »

thank you for your message. I guess that's okay, but at least I know I shouldn't be paying for postage.

Do you know what I should say back?

Just tell them that the Sale of goods act requires that they pay the costs in getting the faulty goods back. If they still don't agree, you can quote the relevant section of the act to them which is 48B-2

Repair or replacement of the goods
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or
(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

http://www.legislation.gov.uk/ukpga/1979/54

visidigi

gudthing wrote: »

It's really frustrating when I write half a page email and they reply with one line!

It means you are writing too much. Keep to bullet points and make it brief.

A story will be read less than a bulleted list.

gudthing

You guys are brilliant! Thank you, I will follow it up once I've received a reply.

@JJ Egan - indeed, I certanly didn't drop it and the box it was in seemed well wrapped (undamaged). But they are fragile things. From the reviews, seems fair few people experience the same problem.

@shaun from africa - thank you, I will use it in my next email!

@visidigi - good advice, I suppose when they are replying to 100s of emails an hour, it's probably best I keep it in bullet points.

gudthing

shaun_from_Africa wrote: »

Just tell them that the Sale of goods act requires that they pay the costs in getting the faulty goods back. If they still don't agree, you can quote the relevant section of the act to them which is 48B-2

I message them this in the email, but they have come back and said:
I'm sorry but as per the pre-published terns and condition after 30 days your item is covered under the RTB (return to base) warranty. This means that you pay for the item to return to us and will will pay for the repaired / replaced item to ship back to you.


I guess I'm not protected or are they breaching the law?

Ant555

Just out of interest was the item from Amazon or from a marketplace seller through Amazon?

wealdroam

gudthing wrote: »

I message them this in the email, but they have come back and said:
I'm sorry but as per the pre-published terns and condition after 30 days your item is covered under the RTB (return to base) warranty. This means that you pay for the item to return to us and will will pay for the repaired / replaced item to ship back to you.


I guess I'm not protected or are they breaching the law?

I think it is reasonable that you pay the postage back to them. Once it has been agreed that the problem is due to an inherent fault, then you are in a very strong position to insist on a refund of that postage cost. If, upon inspection, it is determined that the problem is due to misuse, e.g. being dropped, etc, then repair costs, including any postage, are your responsibility.

gudthing

wealdroam wrote: »

I think it is reasonable that you pay the postage back to them. Once it has been agreed that the problem is due to an inherent fault, then you are in a very strong position to insist on a refund of that postage cost. If, upon inspection, it is determined that the problem is due to misuse, e.g. being dropped, etc, then repair costs, including any postage, are your responsibility.

Ok that sounds great, so if they find a fault and send a replacement, would I then quote the Sale of goods act and state that I am entitled to a reimbursement for the postage?

Thanks again, you've all been most helpful!