Amazon A-Z Guarantee, NOT!

ams001

Has anyone else experienced difficulty in claiming under Amazon's A-Z guarantee?
I ordered an item from a 3rd party reseller but clearly an incorrect item arrived.  It was of the same type but smaller, lighter and lesser quality. 

In accordance with Amazon's A-Z Guarantee listed at https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=201889410 I have diligently followed Amazon’s process:

1. contacting the seller on several occasions;
2. waiting a suitable period for a response to my request on each occasion;
3. the item I received is materially different;
4. I have not waited longer than the 90 days from the estimated delivery date to file my claim.

I filed a return/refund request on the same day as receiving the item, provided the reseller proof that the incorrect item arrived (fortunately the seller's own tracking information provided the weight of the package, which was 1/3 of the weight of the item advertised), and have made requests almost every 2 business days for a return/refund, including requests made by Amazon on my behalf as the seller has not responded to my request for return/refund.  Instead the seller sends messages claiming they are on holiday (for over two weeks now), interspersed with requests for evidence that the wrong item arrived (even though their own tracking details provides the same proof) and providing the tracking information again.  Little of their communication makes sense and no progress has been made even with Amazon's associates help, leading me to believe either they are incompetent or dishonest.

Fortunately communication is through Amazon's system Amazon have a record of my requests, the sellers responses, and even each Amazon associate's requests, of which there have been many. Clearly there is an issue with the seller.  But Amazon say they cannot process a claim under their A-Z guarantee because their "system will not allow it" as I have to wait until the latest estimated delivery date for the item has passed.  Nowhere in their A-Z guarantee does it say I have to wait until after the delivery date has passed, just that I cannot file a claim more than 90 days after the delivery date has passed.  So Amazon are saying that I have to wait 6 weeks before they will consider my claim, despite the seller providing tracking information proving the incorrect item was delivered and Amazon having a complete record of all communication (or non-communications) between myself and the seller.

Digging deeper, under the terms of The Consumer Contracts Regulations 2013, customers have the right to cancel a purchase within 14 calendar days of receiving goods. I received the goods at the beggining of the month.  Further, The Consumer Rights Act 2015 Section 11.1 states “Every contract to supply goods by description is to be treated as including a term that the goods will match the description”.  The goods do not match the description and I have provided evidence. Section 19 and 20 of the act provides me with the right to reject the goods as they do not meet this description. I have exercised this right, and requested a return and refund.

As stated in Section 20.15 of the act, “A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.”. It has been over 2 weeks since receiving the incorrect item and exercising my right to reject the item and request a return and refund.  Neither the reseller nor Amazon (including under their A-Z Guarantee) have chosen to comply with this request. An additional 6 week delay as proposed by Amazon is unreasonable and does not comply with the above section of the act.

Complaints to Amazon just fall of deaf ears - "come back at the end of next month and we will consider your claim" is the best I have got from them.  When I point out I followed their process and fulfilled their requirements for the A-Z guarantee, they just respond "our system will not allow it".  Going through managers does not help and I just get told their conditions say that I can only file a claim after the latest delivery date, which they don't. "4. You have waited no longer than 90 days / from the Estimated Delivery Date to file your claim." is the only timescale Amazon mention.

So where can I go from here? Just wait?  The act says that the consumer must act as soon as possible.

visidigi

ams001 said:

Has anyone else experienced difficulty in claiming under Amazon's A-Z guarantee?
I ordered an item from a 3rd party reseller but clearly an incorrect item arrived.  It was of the same type but smaller, lighter and lesser quality. 

In accordance with Amazon's A-Z Guarantee listed at https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=201889410 I have diligently followed Amazon’s process:

1. contacting the seller on several occasions;
2. waiting a suitable period for a response to my request on each occasion;
3. the item I received is materially different;
4. I have not waited longer than the 90 days from the estimated delivery date to file my claim.

I filed a return/refund request on the same day as receiving the item, provided the reseller proof that the incorrect item arrived (fortunately the seller's own tracking information provided the weight of the package, which was 1/3 of the weight of the item advertised), and have made requests almost every 2 business days for a return/refund, including requests made by Amazon on my behalf as the seller has not responded to my request for return/refund.  Instead the seller sends messages claiming they are on holiday (for over two weeks now), interspersed with requests for evidence that the wrong item arrived (even though their own tracking details provides the same proof) and providing the tracking information again.  Little of their communication makes sense and no progress has been made even with Amazon's associates help, leading me to believe either they are incompetent or dishonest.

Fortunately communication is through Amazon's system Amazon have a record of my requests, the sellers responses, and even each Amazon associate's requests, of which there have been many. Clearly there is an issue with the seller.  But Amazon say they cannot process a claim under their A-Z guarantee because their "system will not allow it" as I have to wait until the latest estimated delivery date for the item has passed.  Nowhere in their A-Z guarantee does it say I have to wait until after the delivery date has passed, just that I cannot file a claim more than 90 days after the delivery date has passed.  So Amazon are saying that I have to wait 6 weeks before they will consider my claim, despite the seller providing tracking information proving the incorrect item was delivered and Amazon having a complete record of all communication (or non-communications) between myself and the seller.

Digging deeper, under the terms of The Consumer Contracts Regulations 2013, customers have the right to cancel a purchase within 14 calendar days of receiving goods. I received the goods at the beggining of the month.  Further, The Consumer Rights Act 2015 Section 11.1 states “Every contract to supply goods by description is to be treated as including a term that the goods will match the description”.  The goods do not match the description and I have provided evidence. Section 19 and 20 of the act provides me with the right to reject the goods as they do not meet this description. I have exercised this right, and requested a return and refund.

As stated in Section 20.15 of the act, “A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.”. It has been over 2 weeks since receiving the incorrect item and exercising my right to reject the item and request a return and refund.  Neither the reseller nor Amazon (including under their A-Z Guarantee) have chosen to comply with this request. An additional 6 week delay as proposed by Amazon is unreasonable and does not comply with the above section of the act.

Complaints to Amazon just fall of deaf ears - "come back at the end of next month and we will consider your claim" is the best I have got from them.  When I point out I followed their process and fulfilled their requirements for the A-Z guarantee, they just respond "our system will not allow it".  Going through managers does not help and I just get told their conditions say that I can only file a claim after the latest delivery date, which they don't. "4. You have waited no longer than 90 days / from the Estimated Delivery Date to file your claim." is the only timescale Amazon mention.

So where can I go from here? Just wait?  The act says that the consumer must act as soon as possible.

You're referring to this statement which you quote...

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund
That part of the act clearly states the clock ticks from the point of agreement to refund, which I believe, based on what you've told us, that the shipper hasn't yet agreed to said refund. Therefor you are left to deal with Amazon in the first instance and if they ask you to wait a reasonable amount of time - and I do stress reasonable to a point, then you should do so.

theonlywayisup

Why are you looking at CCR when it isn't a change of mind?  
If you are getting nowhere with the seller or Amazon, then look at how you paid.  How much was it and how did you pay?