Amazon Marketplace

ChrisC20001

Hi,

I bought something on amazon which came from one of their marketplace sellers, it was listed as a USB Blu-Ray burner. When it came it turns out that it was only a Blu-Ray reader. The picture and description both said that it was a blu-ray burner and only far down in the specifications did it say Blu-ray reader.

Now I've spoken to amazon and they say that they are not responsible for the item, despite the fact it was sold through their website. They say that they are not responsible for the return and that I have to return it to the vendor (in china) at my cost and then I will be issued a refund. They say that the vendor is not responsible for paying postage either!

The vendor in china is also giving me a load nonsense saying it's advertised as a reader (when it's not) and reverting to chinese or 'dont understand'

Surely as amazon are selling me this item on their website they are responsible to comply with UK returns law as it's sold on their website and they take the money, despite the fact that it's fulfilled by a 3rd party ?

Paid for with a debit card on amazon site.

[Deleted User]

Amazon did not sell you the item, you need to be dealing only with the vendor who did.

You really should have researched this more fully before purchase. Who is the seller and do you have a link to the listing on Amazon?

theonlywayisup

Amazon are not the vendor.

The seller is from China and hence outside of EU returns legislation.

If it were me, I would leave a factual negative for the seller, without referring to the item (as that may be perceived to be a product review and is removable). IME these dodgy China sellers tend to refund rather than keep their feedback. It's not ideal, but it's a way out.

Have you looked at opening an A-Z claim on Amazon?

Alternatively, you may want to read the MSE article on debit card chargebacks.

ChrisC20001

Just because amazon say 'i'm not the vendor' it does not absolve them of all responsibility surely. Otherwise this would be a huge loophole in the law. Amazon are advertising the item and they are taking the money for the item this means that they are selling the item.

If you walked into currys and bought a TV and then when you tried to take it back they said 'oh no you have to speak to xyz corp in china, we are not the vendor' they would get laughed out of the place, but because it's a virtual store they can get away with removing all responsibility for themselves just by saying 'we dont sell it' (when they clearly do) ?

Is there a special section of the law that defines people that broker deals for third parties and excludes them from all responsibilties? (does anyone have a link to it?)

mattyprice4004

That would apply if it was Amazon selling the item, but it's clearly not.
Third party sellers use Amazon to sell too, this is clear on the item page - it will say 'sold and dispatched by xxx' - not Amazon.

It's the same as them selling through eBay. You only have rights against the seller which is NOT Amazon.

[Deleted User]

ChrisC20001 wrote: »

Amazon are advertising the item and they are taking the money for the item this means that they are selling the item.

As I said earlier, you really should have researched what you were buying (and from whom) prior to purchase.

Amazon are not the seller of this item. This is made clear in the listings and also at checkout.

Your Curry's parable does not apply here. It's more like trying to complain to Tesco about the car wash franchise in their car park. You'd be complaining to the wrong party, just as you are here.

In future, you should ensure you are purchasing direct from Amazon, not a third party.

theonlywayisup

ChrisC20001 wrote: »

Just because amazon say 'i'm not the vendor' it does not absolve them of all responsibility surely. Otherwise this would be a huge loophole in the law. Amazon are advertising the item and they are taking the money for the item this means that they are selling the item.

You have no contract with Amazon, you didn't buy FROM them. Amazon don't take the money, they provide a payment facility for YOU to pay the SELLER. The SELLER is the person with whom you have the contract.

Have you tried an A-Z claim? This is where AMAZON help you with Marketplace purchases. You have made a Marketplace purchase from a Marketplace seller.

ChrisC20001 wrote: »

If you walked into currys and bought a TV and then when you tried to take it back they said 'oh no you have to speak to xyz corp in china, we are not the vendor' they would get laughed out of the place, but because it's a virtual store they can get away with removing all responsibility for themselves just by saying 'we dont sell it' (when they clearly do) ?

As far as I know, Currys Stores don't sell items on anyone else's behalf. Amazon isn't a virtual store. Amazon are an online retailer. You didn't buy from Amazon.

ChrisC20001 wrote: »

Is there a special section of the law that defines people that broker deals for third parties and excludes them from all responsibilties? (does anyone have a link to it?)

Amazon didn't broker a deal. You bought from the Marketplace seller.

theonlywayisup

Or do you prefer this version? You can take whichever you want. This one might be preferable for you though.

ChrisC20001 wrote: »

Just because amazon say 'i'm not the vendor' it does not absolve them of all responsibility surely. Otherwise this would be a huge loophole in the law. Amazon are advertising the item and they are taking the money for the item this means that they are selling the item.

Yes Amazon should be refunding you from their own pocket as they have deceived you.

ChrisC20001 wrote: »

If you walked into currys and bought a TV and then when you tried to take it back they said 'oh no you have to speak to xyz corp in china, we are not the vendor' they would get laughed out of the place, but because it's a virtual store they can get away with removing all responsibility for themselves just by saying 'we dont sell it' (when they clearly do) ?

Good point. I will never shop in Currys in case this happens.

ChrisC20001 wrote: »

Is there a special section of the law that defines people that broker deals for third parties and excludes them from all responsibilties? (does anyone have a link to it?)

There is a special section to cover exactly this scenario. I can't recall what it is but I have heard you can get compensation for all the time you have wasted on this. Good luck and let us know how much you get.

fleshandbone

I have one rule when buying anything from Amazon marketplace.........Never buy outside the UK especially China!.

Pennywise

I have one rule with Amazon and that's never to buy from the marketplace as it's no better/safer than ebay.

I'll happily spend longer searching and pay more to buy something directly from Amazon to guarantee I'll have the comfort of a refund if there's something wrong with it.