Amazon Return Lost in transit

ashley_23

Hi, i made an order on amazon. Fairly expensive item. Decided i wanted to return. Amazon provided me a pre paid Hermes returns label. I posted at the Hermes parcel shop and it's now been lost in transit for the past nearly 2 weeks. I contacted Amazon who requested i wait 24-48 hours and someone would contact me. They didn't. Contacted again and they asked for proof of postage to process a refund, i sent them the Hermes receipt. After doing this they said they could not refund until they received the item. Any help and advice would be appreciated as i feel I'm never gonna get anywhere with them.

Aylesbury_Duck

You have two choices.  Wait and hope that the item materialises and the refund is processed, or force the issue with action through your card provider, or a letter before action and possibly small claims court.

How much is the item worth?  With Amazon (and any trader, really), you have to weigh up the amount at stake and the value you attach to your account, because if you are successful with a chargeback, section 75 claim or small claims action, they may close your account and bar you and your address from holding another account.

jon81uk

In theory if Amazon provided the label for Hermes and you have something to prove you gave it to Hermes agent, that should be enough legally to get a refund.

The harder part is getting Amazon to actually deal with that.

Manxman_in_exile

Refer amazon to s 34 of The Consumer Contracts (Information, Cancellation and Additional Information) Regulations, 2013:

"Reimbursement by trader in the event of withdrawal or cancellation

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

...

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44

..."

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

So if Amazon arranged the return through Hermes, and you have evidence that you have sent the goods back as arranged by Amazon, then Amazon ought to be reimbursing you no later than 14 days after you supply them with a copy of that evidence.  If you have evidence the goods were sent back in the manner required by Amazon, it's not your problem that Hermes have lost it.  That's for Amazon to complain to Hermes about.

If amazon won't listen to you at first, you need to be persistent and you might need to consider suing them (if the amount of money at stake is worth it).  But bear in mind that there are rumours that if you have the temerity to sue Amazon, they won't sell you anything ever again...

cx6

Since Amazon provided you with a return label, the return is complete once the courier (or post office) has it. There is  no need for Amazon to wait until it is delivered - that is between Amazon and the courier and no concern of yours.

ashley_23

Thank you everyone for the help and information provided. I will in the first instance contact my bank and see if I can charge back. If that fails I've been looking into the small claims court so will probably take them there. Thanks again all!

ashley_23

Thought i would update all that helped me. Amazon have finally issued me my refund! Again thanks all!

Flight3287462

If you like using Amazon please bear in mind they might close your account if you return too many things.  Not saying you have but just keep it in the back of your mind when buying.