Amazon seller problems

Lynne_Ingram

Hi. I bought a Klik pricing gun from Shop Supplies UK through Amazon in July 2014. It has a 3 year warranty. In December 2015, a small internal part broke off and fell out rendering it unusable. I returned it through Amazon's system as it was still under guarantee, and the seller said he would replace it. 3 months on and after lots of chasing I have just received from him a secondhand, faulty and unusable pricing gun as a replacement. What do I do? Amazon can't seem to help as he is a seller. Costs are £49 for the item, £8.55 return postage, plus 3 months inconvenience without the gun. I had not bought another one as he constantly promised to send me a new one. His last response was: "Well you've got it now". Any advice gladly received. Is the small claims court the only option? with best wishes

Lynne

wealdroam

Lynne_Ingram wrote: »

Hi. I bought a Klik pricing gun from Shop Supplies UK through Amazon in July 2014. It has a 3 year warranty. In December 2015, a small internal part broke off and fell out rendering it unusable. I returned it through Amazon's system as it was still under guarantee, and the seller said he would replace it. 3 months on and after lots of chasing I have just received from him a secondhand, faulty and unusable pricing gun as a replacement. What do I do? Amazon can't seem to help as he is a seller. Costs are £49 for the item, £8.55 return postage, plus 3 months inconvenience without the gun. I had not bought another one as he constantly promised to send me a new one. His last response was: "Well you've got it now". Any advice gladly received. Is the small claims court the only option? with best wishes

Lynne

This clearly a business purchase so you do not have the statutory protections that consumers have.

The Sale of Goods Act applies.
Read the terms of your contract with the seller and send a Letter Before Action followed by Small Claims Court action if appropriate and necessary.

"Amazon can't seem to help as he is a seller". Not sure what that means.

Lynne_Ingram

Hi Wealdroam

Thanks for your email.

I am a beekeeper and use a pricing gun to put date labels on my honey jars so I suppose you could call it a small business - but I'd count it as more of a hobby really! What defines it as a business?

Should I send the letter to Shop Supplies business address or to the individual's home address? (which I found from company director information) The company has now been dissolved but continues to trade as a non limited company - maybe a sole trader. The warranty was a 3 year Return to Base warranty which was clearly laid out in Shop Supplies terms and conditions. I have done all that was required but they haven't.

The statement below came from Amazon.
'When you buy from the Amazon Marketplace, it's important to note that Amazon neither sells nor fulfils your order. Because order #202-9220638-6937138 wasn’t sold or fulfilled by Amazon, we aren’t in a position to refund or replace it ourselves. ' That's what I meant about them not being able to help.with best wishes

Lynne

wealdroam

Lynne_Ingram wrote: »

Should I send the letter to Shop Supplies business address or to the individual's home address? (which I found from company director information) The company has now been dissolved but continues to trade as a non limited company - maybe a sole trader. The warranty was a 3 year Return to Base warranty which was clearly laid out in Shop Supplies terms and conditions. I have done all that was required but they haven't.

My first thought was that you should send the letter to whoever you made the purchase from - if you purchased from the Ltd company, then that is who owe you the replacement.

However, you tell us that the Limited company has ceased trading, so your are unlikely to get anything from them.
It may not be worth sending a letter to anyone.

I do not believe you can chase directors of a Limited company for the debts of that company.

If you can post the full name of the Ltd company, there are others on here that can search a bit more in depth on them.

If you are making stuff to sell, then it's a business.

Lynne_Ingram

The company I bought from is Shop Supplies UK - trading through Amazon. They originally were Shop Supplies UK Ltd which was dissolved in 2011,so not a limited company when I bought from them. The person replying to my emails now is the same person who was once the director of this company, and the address now is the same trading address as it was before. He was also the director of Labels direct Ltd, Sel Online Ltd, Till Rolls Express Ltd - all compulsarily dissolved.

tomtontom

Before going to small claims (and incurring costs in doing so), I'd think about the likelihood of this chap paying up. Given his history I'd say that likelihood is very low.

I'd write this off as a bad experience. You are of course free to leave honest reviews about this chap wherever you feel fit