Do Big Company Policies (Amazon in this instance) Usurp UK Consumer Rights?

born_again

Amazon Marketplace is another Ebay.

But Amazon do offer

You can request a refund via the A-to-z Guarantee if you encounter a problem with items sold and fulfilled by a third party seller on Amazon. To check if you are eligible to request a refund under policy

If the retailer will not play ball.
Which sounds like the Op got. But that has nothing to do with Consumer regulations. It is Amazon going over and above.

DoaM

To the thread title .... No. A seller's T&Cs cannot contract a consumer out of their statutory (legal) rights.

reward70

Answers in order:

Manxman in exile (6:14pm): It's not readily apparent whether the item is a marketplace item Vs one that Amazon sells direct. I'm not absolutely clear how to distinguish either: I've searched on the page for "Marketplace" without seeing anything that stands out. When viewing an item that is not sold by Amazon it does have "Sold by ****** and Fulfilled by Amazon" but when looking at an item that I believe Amazon sell directly e.g. Echo dot: there is no clear differentiation.

born again 7:51pm: I don't think the A-Z guide would have helped given the purchase took place greater than 6 months ago. I agree, it does look as if Amazon have gone over and above given what I have read in the replies so far. At this time I still don't the SADFART rules provide a clear steer regards consumer rights in this instance: i.e. that Amazon have provided a refund appears above and beyond at this time from the replies received however, it is still not clear-cut (if anything can be) whether they were obligated/not, especially regards sellers that are not Amazon but sold by Amazon.
I hope that is clear. Thanks again for taking the time to reply.

DoaM 8:15 pm: To the thread title .... No. A seller's T&Cs cannot contract a consumer out of their statutory (legal) rights.
Is this correct for Amazon 'marketplace' also?

There is a variation upon the answers and therefore remain overall not clear regards consumer rights however, thank all who have taken the time to respond.

unholyangel

reward70 wrote: »

At this time I still don't the SADFART rules provide a clear steer regards consumer rights in this instance: i.e. that Amazon have provided a refund appears above and beyond at this time from the replies received however, it is still not clear-cut (if anything can be) whether they were obligated/not, especially regards sellers that are not Amazon but sold by Amazon.
I hope that is clear. Thanks again for taking the time to reply.

People did clarify that for you. Your consumer rights are against the party that sold you the item and only the party that sold you the item.

Amazon may offer a to z guarantee but thats just to instil confidence in their marketplace (aka to make them more money).

As for "sellers that are not amazon but sold by amazon"....either the seller is amazon or its not. If its fulfilled by amazon then its not sold by them. When an item is sold by amazon, it will state:

Dispatched from and sold by Amazon.

Amazon themselves are not a UK retailer so even when you buy from them, UK consumer rights don't apply. However as our consumer rights legislation was due to EU consumer rights directives & regulations, there will be similar rights.

Manxman_in_exile

reward70 wrote: »

...

There is a variation upon the answers and therefore remain overall not clear regards consumer rights however, thank all who have taken the time to respond.

I think the answers have been pretty clear. Any statutory consumer rights you have are against the individual or company who sold you the goods in question. It would seem(?) from earlier posts that Amazon say on their site whether goods are sold by them or whether the order is merely "fulfilled" by Amazon on behalf of a third party seller. (As I said, I don't know myself as I don't buy from Amazon).


As regards what rights you have under UK law, I think that was covered by LilElvis and is also on the consumer guide elsewhere on this website.


And remember, as stated in the post immediately above this, in the case of non-UK sellers, UK consumer rights don't apply.


EDIT: and as per DoaM #13, a UK seller's T&Cs can't override your statutory UK consumer rights.