Amazon refusing replacement of broken tv.

JohnE22

I ordered a tv from Amazon on the 12th February which was delivered the following day.  As the wall bracket was only due on the 14th I didn't open the tv immediately.  When the bracket did arrive I opened the tv to find the screen smashed.  I went online and reported the tv broken and tried to arrange a replacement.  I have now spent the best part of two hours on live chat with Amazon who are refusing a replacement because the tv has now gone up in price.  They say that because the tv was 'listed as ‘Fulfilled by Amazon’ and not sold directly from Amazon they will only refund the money and I will have to pay the £50 price increase.  I have told them this breaches Consumer Rights but they insist that a replacement will not be offered.  Is it worth pursuing or am I incorrect about Consumer Rights entitling me to a replacement?

Thanks,

John

dj1471

You need to contact whoever you purchased it from in the first instance, not Amazon. If they’re unhelpful then Amazon will refund you but it’s not up to Amazon to provide a replacement.

JohnE22

I'm not sure who the seller was.  I ordered from, and paid my money to Amazon.  Why is it not up to Amazon to arrange a replacement?  Surely my contract is with Amazon if my money went to them. 

dj1471

Maybe look in your order history to see who the seller was? Your contract is not with Amazon just because they processed the payment.
 Contacting the seller is the only way you’re going to get a replacement.

Fosterdog

It's sounds like you bought from a marketplace seller and not from amazon so if that particular seller has no more stock then all you are entitled to is a refund and if the purchase price is more from another seller (amazon directly, marketplace seller, or another retailer altogether) then you have to pay the extra.

Aylesbury_Duck

Even if it was bought from Amazon, they're not obliged to replace it.  A refund is entirely lawful and would put you back in the position you were in before you bought the TV. 

bris

I don't know why you think this breaches your consumer rights because it doesn't, they are doing exactly what they need to do.

JohnE22

Ok.  My apologies.  I thought the choice of repair, replacement or refund was mine rather than the retailers.

DoaM

You can express a preference but they can decline and choose the remedy which is most cost-effective for them.

neilmcl

As mentioned they are entitled to make a refund. Personally I wouldn't kick up too much of a fuss, at least they're doing this, a lot of retailers would try and blame the buyer for this sort of damage.

pulliptears

To be honest I'd snap their hands off.
Looking at it another way, you order and receive a TV and a wall bracket.  Only after the bracket is received do you open the TV and see it's smashed.  A cynic might wonder if TV was dropped installing it on the wall (it happens, lots).  Now obviously I'm not saying you did that, but I wouldn't blame a company for thinking you might and as @neilmcl says a lot of retailers would try.