Postage refund not sure of my rights..

tarcelparcel

I'm not sure how I stand with this one. I ordered an old style record player and speakers from a seller who was selling on Amazon. This was a new item. The parcel was delivered by Hermes while I was out. The delivery person threw the parcel over my gate. My gate is at least 6 foot high and he/she must have thrown it with some force as it was quite a distance from the gate. It landed on concrete. I contacted the seller and said I did not want the item as it was most likely damaged having been thrown like that.

They said they would refund me but not the postage it cost to send it to me or the postage to return it. I contacted amazon who said they would give me a full refund.

Now I find I have been refunded - but not the full amount as the seller claims the item is not damaged!. The difference between what I paid in total and what I have been refunded is £24.20. I'm not sure how I stand because although the item may not appear to be damaged (I actually didn't even open the box) as it is an electronic item with moving parts I am sure slamming onto concrete would have damaged it..

Does anyone know?

theonlywayisup

Odd that you didn't even open the box.

If you sent it back and it was tracked and / or the seller has confirmed receipt - which seems is the case - then you need to open an A-Z claim on Amazon and state:

1. The item was damaged on delivery.
2. The item has been returned to the seller [enter tracking or refer to message from seller confirming receipt]
3. The seller is refusing to refund the correct amount.
4. The purchase amount was £x the refund amount was £y.

That's all.

Fosterdog

Did you have a choice of delivery options originally? If so as you are not returning the item as damaged or faulty (because you haven’t even opened it to find out) but are returning it under your right to a change of mind cancellation then they only have to refund whatever their most basic postage method is and not whatever upgraded service you may have used. They can also charge you for return postage as long as they have made you aware.

If however you open the item and it is indeed faulty or damaged they would have to bare all costs including covering the cost of return and refunding the original postage, even if it was more expensive than their basic method.

agrinnall

theonlywayisup wrote: »

Odd that you didn't even open the box.

If you sent it back and it was tracked and / or the seller has confirmed receipt - which seems is the case - then you need to open an A-Z claim on Amazon and state:

1. The item was damaged on delivery.
2. The item has been returned to the seller [enter tracking or refer to message from seller confirming receipt]
3. The seller is refusing to refund the correct amount.
4. The purchase amount was £x the refund amount was £y.

That's all.

But the OP has no evidence for no. 1, and the seller is saying it's not damaged, so I can't see that Amazon will accept a claim for this.

theonlywayisup

agrinnall wrote: »

But the OP has no evidence for no. 1, and the seller is saying it's not damaged, so I can't see that Amazon will accept a claim for this.

The buyer merely needs to state is was damaged or that it is a change of mind. Amazon A-Z is not overly detailed in it's terms but basically:

If the seller accepts the return or says they will refund and then doesn't do so, that's a straight A-Z regardless of the reason for return. And by that it would seem the buyer is within the Amazon timescales.

You can file a claim when all of the following apply:
You've contacted the Seller through Your Account.
You've waited two business days for a response.

Your request meets one of our A-to-z Guarantee conditions below:

The Seller failed to deliver the item by 3 calendar days past the maximum estimated delivery date or 30 days from the order date, whichever is sooner.

The item you received was damaged, defective, materially different,

or you changed your mind and you returned it in line with Amazon's return policy but you have not been refunded or the refund was in the wrong amount.

In my reckoning the buyer *assuming the first two regarding contact are complete, the buyer met one of the t&c laid out.

Keep_pedalling

You did not open it because it was an electrical item with moving parts??? What did you expect it to do, explode, the deck to fly off and cut your head off?

unholyangel

Keep_pedalling wrote: »

You did not open it because it was an electrical item with moving parts??? What did you expect it to do, explode, the deck to fly off and cut your head off?

I think they just expected the parts could be compromised by the impact rather than anything dramatic.

Tbh I wouldn't have accepted it either. Good luck trying to enforce your consumer rights 14 months later when the damage finally manifests in a fault and its going to be diagnosed as impact/physical damage. Their agent failed to carry out their duties with reasonable care & skill. The money they lost on postage only occurred because of a breach on their part.

agrinnall

theonlywayisup wrote: »

The buyer merely needs to state is was damaged or that it is a change of mind. Amazon A-Z is not overly detailed in it's terms but basically:

If the seller accepts the return or says they will refund and then doesn't do so, that's a straight A-Z regardless of the reason for return. And by that it would seem the buyer is within the Amazon timescales.



In my reckoning the buyer *assuming the first two regarding contact are complete, the buyer met one of the t&c laid out.

The seller has responded, they have accepted the return, and they have refunded the cost of the item, just not the postage. Because the OP didn't bother to find out if there was any damage and the seller says there isn't any, it is in effect a change of mind return, so is the postage refundable in that situation? I wouldn't have thought so, but I've never had to do an A-Z return.

jbond

agrinnall wrote: »

Because the OP didn't bother to find out if there was any damage and the seller says there isn't any, it is in effect a change of mind return, so is the postage refundable in that situation? I wouldn't have thought so, but I've never had to do an A-Z return.

According to Amazons terms, anything other than damaged (proven, i.e. opened the box), and buyer HAS to pay return shipping cost.

agrinnall

jbond wrote: »

According to Amazons terms, anything other than damaged (proven, i.e. opened the box), and buyer HAS to pay return shipping cost.

Although that's stricter than I might have expected (wouldn't sending the wrong item also require a refund of return shipping, for example?) then it looks to me as if the OP has no case to request a refund of the postage.

jbond

agrinnall wrote: »

Although that's stricter than I might have expected (wouldn't sending the wrong item also require a refund of return shipping, for example?) then it looks to me as if the OP has no case to request a refund of the postage.

In my view, the OP doesn't (especially when they haven't checked the contents), but:

"Item was damaged defective, or materially different"

I'd imagine that shipping the wrong item, would come under "materially different"?