Injured by Item Purchased from Amazon - 3rd Party Seller

eve1978

Hello
I purchased a heat up face mask from a seller via Amazon. The mask has some sharp plastic edges and cut my face while I was wearing it. I was using as per instructions and the mask cut into my septum on my nose, causing bleeding. The plastic edge was like a blade and the resulting cut resembled a paper cut. Several weeks later and this has not even begun to heal. I contacted Amazon and they initially offered me a refund and £10 goodwill credit. I asked to escalate and was sent a list of questions, these were phrased around property damage not injury  to my person, things like what is cost to repair etc. Most of the questions aren't applicable to my situation.

I haven't sent back the questionnaire yet as I'm wondering how best to handle this and if I have any rights. Also wondering if best to communicate with Amazon or the seller in this first instance? The item was purchased at the end November 2022, more than 30 days ago.
Would be grateful for any advice. Thank you

powerful_Rogue

eve1978 said:

Hello
I purchased a heat up face mask from a seller via Amazon. The mask has some sharp plastic edges and cut my face while I was wearing it. I was using as per instructions and the mask cut into my septum on my nose, causing bleeding. The plastic edge was like a blade and the resulting cut resembled a paper cut. Several weeks later and this has not even begun to heal. I contacted Amazon and they initially offered me a refund and £10 goodwill credit. I asked to escalate and was sent a list of questions, these were phrased around property damage not injury  to my person, things like what is cost to repair etc. Most of the questions aren't applicable to my situation.

I haven't sent back the questionnaire yet as I'm wondering how best to handle this and if I have any rights. Also wondering if best to communicate with Amazon or the seller in this first instance? The item was purchased at the end November 2022, more than 30 days ago.
Would be grateful for any advice. Thank you

You claim would be against the seller rather then Amazon. Is the seller based in the UK?

eve1978

Hello - I suspect not, many Amazon sellers are Chinese using the FBA program. How would I confirm this as there's no info on their amazon store? TY

DullGreyGuy

Your invoice should so who the seller is and is who you have a contract with so would be the person to sue for your injuries... if they are based in china then your prospects of recovering any award will be low.

baser999

Doesn’t answer your question but didn’t you notice the sharp edges before and during the time you were wearing it? 🤔

Aylesbury_Duck

How much are you after?

eve1978

baser999 said:

Doesn’t answer your question but didn’t you notice the sharp edges before and during the time you were wearing it? 🤔

The mask was uncomfortable yes and I took it off that's when I noticed the blood, then saw that the mask had effectively sliced my septum

eve1978

Aylesbury_Duck said:

How much are you after?

I'm not sure what's realistic and proper in the circumstances?  

eve1978

DullGreyGuy said:

Your invoice should so who the seller is and is who you have a contract with so would be the person to sue for your injuries... if they are based in china then your prospects of recovering any award will be low.

Ah thank you, I have checked invoice and it is indeed a Chinese seller. Don't Amazon have additional protections for such circumstances? After all sold on their platform..

DullGreyGuy

eve1978 said:

DullGreyGuy said:

Your invoice should so who the seller is and is who you have a contract with so would be the person to sue for your injuries... if they are based in china then your prospects of recovering any award will be low.

Ah thank you, I have checked invoice and it is indeed a Chinese seller. Don't Amazon have additional protections for such circumstances? After all sold on their platform..

They have their A-Z guarantee but that is in relation to refunds rather than consequential losses... you'd need a lawyer to review all the terms to see if there is any claim against Amazon themselves assuming Amazon deny it but that will cost you more than whatever any injury claim would be worth even if it scars. 

Aylesbury_Duck

eve1978 said:

Aylesbury_Duck said:

How much are you after?

I'm not sure what's realistic and proper in the circumstances?  

You'll need to come up with some sort of figure.  You've rejected the initial offer, so you must have a figure in mind.