Item not as ordered-refused refund

Peterpan18

My sister, who lives 70 mile away from me, needed a new rechargeable drill. So I ordered her an identical one to mine, purchased a month previous.
It was delivered to her address and paid for on her debit card
A week later she expressed she wasn't happy with the drill as it seemed very poor. On my next welfare visit (Covid) I noticed the drill only had one battery and no "hammer" action. According to what I ordered it should have 2 batteries and the "hammer" action, function.
Once back home I checked the model number of my drill against the one ordered for her and they matched but, the model she was sent was different to the one ordered.
Have had considerable correspondence with the seller requesting a return & refund. He has refused, he says because we have used the drill, he has offered a £15 reduction as he admits it is a lower specification drill to the one ordered. The drill was specifically ordered because of the "hammer" action and second battery as without the "hammer" action it's use is limited to a wood drill and screwdriver.
I feel he is obliged to either replace the drill with the model ordered or accept a return and give sister a refund as it was his error by not supplying the correct item that was ordered. Am I correct??

neilmcl

Yes, you should be entitled to what you ordered if that what was specified in the order details. Do you have a link to the item in question?

unholyangel

I'm presuming you didn't order as a trader/hold yourself out as a trader at any point and are a consumer? 

Peterpan18

neilmcl said:

Yes, you should be entitled to what you ordered if that what was specified in the order details. Do you have a link to the item in question?

Here is the link, ordered and paid for was model number PSB**** and sent was model number PSR****
https://www.amazon.co.uk/gp/product/B00L3XK06C/ref=ppx_yo_dt_b_asin_title_o02_s00?ie=UTF8&psc=1

unholyangel said:

I'm presuming you didn't order as a trader/hold yourself out as a trader at any point and are a consumer? 

No, purchased under my name as a consumer to be dispatched to my sisters name & address (again as a consumer), no mention of a trade purchase at all.

neilmcl

Peterpan18 said:

neilmcl said:

Yes, you should be entitled to what you ordered if that what was specified in the order details. Do you have a link to the item in question?

Here is the link, ordered and paid for was model number PSB**** and sent was model number PSR****
https://www.amazon.co.uk/gp/product/B00L3XK06C/ref=ppx_yo_dt_b_asin_title_o02_s00?ie=UTF8&psc=1

unholyangel said:

I'm presuming you didn't order as a trader/hold yourself out as a trader at any point and are a consumer? 

No, purchased under my name as a consumer to be dispatched to my sisters name & address (again as a consumer), no mention of a trade purchase at all.

Did you purchase it from Amazon as in that link or was it from a marketplace seller? Your post refers to a "he" so would suggest not Amazon then.

unholyangel

Peterpan18 said:

neilmcl said:

Yes, you should be entitled to what you ordered if that what was specified in the order details. Do you have a link to the item in question?

Here is the link, ordered and paid for was model number PSB**** and sent was model number PSR****
https://www.amazon.co.uk/gp/product/B00L3XK06C/ref=ppx_yo_dt_b_asin_title_o02_s00?ie=UTF8&psc=1

unholyangel said:

I'm presuming you didn't order as a trader/hold yourself out as a trader at any point and are a consumer? 

No, purchased under my name as a consumer to be dispatched to my sisters name & address (again as a consumer), no mention of a trade purchase at all.

Have you spoke to amazon about their A to Z guarantee? 

How long between delivery & you notifying them of the fault? If 30 days or less, you don't even have to accept a repair or replacement and can insist on a refund. If after 30 days, you may need to give them one attempt to repair (not possible given the circumstances) or replace. If the retailer refuses or fails to do so within reasonable time, you then have the right to reject for a refund again. If it's less than 6 months from purchase, the refund needs to be full.

There is also the right to a price reduction. But you don't have to accept it, you can insist (depending on the above time limits of course) on a refund. 

Peterpan18

neilmcl said:

Did you purchase it from Amazon as in that link or was it from a marketplace seller? Your post refers to a "he" so would suggest not Amazon then.

It was a Amazon market place seller, all email replies are from the same person, hence I referred to "he".

unholyangel said:

Have you spoke to amazon about their A to Z guarantee? 

How long between delivery & you notifying them of the fault? If 30 days or less, you don't even have to accept a repair or replacement and can insist on a refund. If after 30 days, you may need to give them one attempt to repair (not possible given the circumstances) or replace. If the retailer refuses or fails to do so within reasonable time, you then have the right to reject for a refund again. If it's less than 6 months from purchase, the refund needs to be full.

There is also the right to a price reduction. But you don't have to accept it, you can insist (depending on the above time limits of course) on a refund. 

Under 30 days when I first notified the seller, who is saying that as it has been used he can no longer sell it or return it to his supplier and wont agree to give a refund. This anomaly is my worry, the drill has only been tried twice, once by sisters son in law and again by me. Both times to drill a wall and both times it wouldn't so another drill had to be used, I would estimate it has run no more that a few minutes and still looks brand new.
Have spoken this afternoon to Amazon about their A to Z Guarantee etc and they have contacted the seller who has replied and still refuses to consider a refund. I now have to wait 48 hours before I can take it a step further.
I feel that the seller made the initial error and anything that happened after that, for whatever reason, has occurred because of that error. I hope I am right otherwise I am stuck with the item and at almost £80 its a lot of money that I will have to pay my sister.

unholyangel

You are correct. The only time the law allows for the refund to be reduced to take into account use you had of the item is if it has been more than 6 months from delivery. 

the_lunatic_is_in_my_head

Consumer Rights aside, Amazon's A-Z process is for exactly this kind of thing, from the order page in your account you should open a return request if the return window hasn't expired, if not you should be able to file the A-Z claim.

The seller may end up giving a part refund but you can appeal this with Amazon and they will likely fund the difference themselves if the seller won't.

One basic principle of selling on Amazon is the goods must match the product page.

Peterpan18

Thank you @unholyangel, you have put my mind at rest now.

the_lunatic_is_in_my_head said:

Consumer Rights aside, Amazon's A-Z process is for exactly this kind of thing, from the order page in your account you should open a return request the return window hasn't expired, if not you should be able to file the A-Z claim.

The seller may end up giving a part refund but you can appeal this with Amazon and they will likely fund the difference themselves if the seller won't.

One basic principle of selling on Amazon is the goods must match the product page.

I did open a return request and the seller refused several times to accept it. Have now opened the A-Z process and the seller has again refused a refund. Now need to wait 48 working hours to file a claim through the A-Z process. I am now much happier to know my chance of a refund for the sellers error is reasonably well assured.
Thank you all for your help and guidance, will update when the issue is resolved.

Peterpan18

Update as promised.
A-Z claim has been accepted on the basis of "wrong item sent" by Amazon, irrespective of any other issue, and a full refund issued.
Apparently just need to contact the seller to arrange return at their cost, should they wish to have it back.
Great result, thanks again for the help.