Amazon: making a small claim

DullGreyGuy

Bada_Bing_2 said:

jon81uk said:

Bada_Bing_2 said:

DullGreyGuy said:

You just need to be clear what you are doing... you either should send a LBA to the seller and take them to court under your statutory rights and their failure to deliver. 

You potentially have an option to take Amazon to court instead but you wouldnt be taking them to court about your statutory rights as they are not the vendor but instead for a breach of contract of their A-Z Guarantee. In which case your arguments would be different and you'd need to have read the terms of the guarantee back to front etc. I've not read Amazon's own one, but many companies have massive loopholes in them, normally that claims are their sole discretion. 

I'd be pursuing the seller not Amazon

Thanks DGG. I looked at the Amazon A-Z Guarantee. It states:

"The A-to-z Guarantee only applies when you buy items sold and fulfilled by a third-party seller. For items sold by Amazon Global Store or Marketplace items delivered using Prime, contact us."

This order was purchased using Prime One-Day delivery with a Prime membership, so it would seem responsibility rests with Amazon.

The fact that prime membership paid for the delivery doesn’t mean Amazon is the seller. Check the original item listing as it will always say sold by…..

Thanks. You are correct. Amazon was not the seller. This was a question about whether the A-Z Guarantee was relevant to the claim.

In the quoted section from the Amazon website, they say if Prime was used for delivery then the buyer should contact Amazon directly and not rely on A-Z.

I did contact Amazon directly. They agreed to refund me, but it hasn't materialised.

The problem is they are not the seller so you have no statutory rights, the sale isnt covered by their A-Z Guarantee and so you cannot claim breach of contract. 

What legal basis have you to claim from Amazon? A random call centre agent's word? 

The above more strongly points to taking the action against the vendor

Bada_Bing_2

DullGreyGuy said:

Bada_Bing_2 said:

jon81uk said:

Bada_Bing_2 said:

DullGreyGuy said:

You just need to be clear what you are doing... you either should send a LBA to the seller and take them to court under your statutory rights and their failure to deliver. 

You potentially have an option to take Amazon to court instead but you wouldnt be taking them to court about your statutory rights as they are not the vendor but instead for a breach of contract of their A-Z Guarantee. In which case your arguments would be different and you'd need to have read the terms of the guarantee back to front etc. I've not read Amazon's own one, but many companies have massive loopholes in them, normally that claims are their sole discretion. 

I'd be pursuing the seller not Amazon

Thanks DGG. I looked at the Amazon A-Z Guarantee. It states:

"The A-to-z Guarantee only applies when you buy items sold and fulfilled by a third-party seller. For items sold by Amazon Global Store or Marketplace items delivered using Prime, contact us."

This order was purchased using Prime One-Day delivery with a Prime membership, so it would seem responsibility rests with Amazon.

The fact that prime membership paid for the delivery doesn’t mean Amazon is the seller. Check the original item listing as it will always say sold by…..

Thanks. You are correct. Amazon was not the seller. This was a question about whether the A-Z Guarantee was relevant to the claim.

In the quoted section from the Amazon website, they say if Prime was used for delivery then the buyer should contact Amazon directly and not rely on A-Z.

I did contact Amazon directly. They agreed to refund me, but it hasn't materialised.

The problem is they are not the seller so you have no statutory rights, the sale isnt covered by their A-Z Guarantee and so you cannot claim breach of contract. 

What legal basis have you to claim from Amazon? A random call centre agent's word? 

The above more strongly points to taking the action against the vendor

It's a good question, and one I've been mulling over in my unqualified mind.

My expectation is that a promise to issue a refund must amount to something legally? It's from a named Amazon customer service representative and made using Amazon's messaging facility, with a full transcript available.

Maybe that counts for nothing legally, but morally it should.

The situation would have been so avoidable if it had possible to speak to an intelligent human being at Amazon, rather than a bot.

I think I'll try the third party seller as my next port of call and see what happens.

Flight3287462

If I were you I would keep politely pushing Amazon to resolve, you probably need to figure a way of getting someone higher up the chain of command who can action the refund.  Meanwhile try and track down any info on the seller.

Undervalued

Bada_Bing_2 said:

DullGreyGuy said:

Bada_Bing_2 said:

jon81uk said:

Bada_Bing_2 said:

DullGreyGuy said:

You just need to be clear what you are doing... you either should send a LBA to the seller and take them to court under your statutory rights and their failure to deliver. 

You potentially have an option to take Amazon to court instead but you wouldnt be taking them to court about your statutory rights as they are not the vendor but instead for a breach of contract of their A-Z Guarantee. In which case your arguments would be different and you'd need to have read the terms of the guarantee back to front etc. I've not read Amazon's own one, but many companies have massive loopholes in them, normally that claims are their sole discretion. 

I'd be pursuing the seller not Amazon

Thanks DGG. I looked at the Amazon A-Z Guarantee. It states:

"The A-to-z Guarantee only applies when you buy items sold and fulfilled by a third-party seller. For items sold by Amazon Global Store or Marketplace items delivered using Prime, contact us."

This order was purchased using Prime One-Day delivery with a Prime membership, so it would seem responsibility rests with Amazon.

The fact that prime membership paid for the delivery doesn’t mean Amazon is the seller. Check the original item listing as it will always say sold by…..

Thanks. You are correct. Amazon was not the seller. This was a question about whether the A-Z Guarantee was relevant to the claim.

In the quoted section from the Amazon website, they say if Prime was used for delivery then the buyer should contact Amazon directly and not rely on A-Z.

I did contact Amazon directly. They agreed to refund me, but it hasn't materialised.

The problem is they are not the seller so you have no statutory rights, the sale isnt covered by their A-Z Guarantee and so you cannot claim breach of contract. 

What legal basis have you to claim from Amazon? A random call centre agent's word? 

The above more strongly points to taking the action against the vendor

It's a good question, and one I've been mulling over in my unqualified mind.

My expectation is that a promise to issue a refund must amount to something legally? It's from a named Amazon customer service representative and made using Amazon's messaging facility, with a full transcript available.

Maybe that counts for nothing legally, but morally it should.

The situation would have been so avoidable if it had possible to speak to an intelligent human being at Amazon, rather than a bot.

I think I'll try the third party seller as my next port of call and see what happens.

Not if it was a mistake. A company is entitled to correct a genuine mistake.

Consider the matter the other way around. Suppose this agent had said no. You probably wouldn't have been prepared to accept that and would have pushed to speak to somebody higher up. So you, no doubt like most of us, would only be willing to accept the answer you feel is right!

What is appalling, leaving aside the rights and wrongs of the original dispute, is that they are ignoring you. If they said "I'm sorry, the agent you spoke to was wrong for reasons X & Y and our final position is Z then at least you would know and could either accept it or take them to court as you please.

user1977

Bada_Bing_2 said:

DullGreyGuy said:

Bada_Bing_2 said:

jon81uk said:

Bada_Bing_2 said:

DullGreyGuy said:

You just need to be clear what you are doing... you either should send a LBA to the seller and take them to court under your statutory rights and their failure to deliver. 

You potentially have an option to take Amazon to court instead but you wouldnt be taking them to court about your statutory rights as they are not the vendor but instead for a breach of contract of their A-Z Guarantee. In which case your arguments would be different and you'd need to have read the terms of the guarantee back to front etc. I've not read Amazon's own one, but many companies have massive loopholes in them, normally that claims are their sole discretion. 

I'd be pursuing the seller not Amazon

Thanks DGG. I looked at the Amazon A-Z Guarantee. It states:

"The A-to-z Guarantee only applies when you buy items sold and fulfilled by a third-party seller. For items sold by Amazon Global Store or Marketplace items delivered using Prime, contact us."

This order was purchased using Prime One-Day delivery with a Prime membership, so it would seem responsibility rests with Amazon.

The fact that prime membership paid for the delivery doesn’t mean Amazon is the seller. Check the original item listing as it will always say sold by…..

Thanks. You are correct. Amazon was not the seller. This was a question about whether the A-Z Guarantee was relevant to the claim.

In the quoted section from the Amazon website, they say if Prime was used for delivery then the buyer should contact Amazon directly and not rely on A-Z.

I did contact Amazon directly. They agreed to refund me, but it hasn't materialised.

The problem is they are not the seller so you have no statutory rights, the sale isnt covered by their A-Z Guarantee and so you cannot claim breach of contract. 

What legal basis have you to claim from Amazon? A random call centre agent's word? 

The above more strongly points to taking the action against the vendor

My expectation is that a promise to issue a refund must amount to something legally? 

Under what law? It doesn't mean anything legally. Either you're legally entitled to a refund or you're not, it doesn't make a difference whether they say you are or aren't.

tightauldgit

user1977 said:

Bada_Bing_2 said:

DullGreyGuy said:

Bada_Bing_2 said:

jon81uk said:

Bada_Bing_2 said:

DullGreyGuy said:

You just need to be clear what you are doing... you either should send a LBA to the seller and take them to court under your statutory rights and their failure to deliver. 

You potentially have an option to take Amazon to court instead but you wouldnt be taking them to court about your statutory rights as they are not the vendor but instead for a breach of contract of their A-Z Guarantee. In which case your arguments would be different and you'd need to have read the terms of the guarantee back to front etc. I've not read Amazon's own one, but many companies have massive loopholes in them, normally that claims are their sole discretion. 

I'd be pursuing the seller not Amazon

Thanks DGG. I looked at the Amazon A-Z Guarantee. It states:

"The A-to-z Guarantee only applies when you buy items sold and fulfilled by a third-party seller. For items sold by Amazon Global Store or Marketplace items delivered using Prime, contact us."

This order was purchased using Prime One-Day delivery with a Prime membership, so it would seem responsibility rests with Amazon.

The fact that prime membership paid for the delivery doesn’t mean Amazon is the seller. Check the original item listing as it will always say sold by…..

Thanks. You are correct. Amazon was not the seller. This was a question about whether the A-Z Guarantee was relevant to the claim.

In the quoted section from the Amazon website, they say if Prime was used for delivery then the buyer should contact Amazon directly and not rely on A-Z.

I did contact Amazon directly. They agreed to refund me, but it hasn't materialised.

The problem is they are not the seller so you have no statutory rights, the sale isnt covered by their A-Z Guarantee and so you cannot claim breach of contract. 

What legal basis have you to claim from Amazon? A random call centre agent's word? 

The above more strongly points to taking the action against the vendor

My expectation is that a promise to issue a refund must amount to something legally? 

Under what law? It doesn't mean anything legally. Either you're legally entitled to a refund or you're not, it doesn't make a difference whether they say you are or aren't.

I'm not 100% clear on the ins and outs but it seems like Amazon said they were entitled to a refund on the day they promised it, didn't action the refund at the time, and then when the OP chased it are now saying that it's too late to ask for a refund. 

That being the case then if that is true then Amazon's negligence has caused the OP a loss. What I don't quite understand is why Amazon are refusing to correct the error. 

ETA: Looking at the facts of the case though it would appear Amazon are simply wrong. If the item hasn't been delivered to the OP then there isn't a 30 day limit to request a refund. In fact I think it's the opposite, you're supposed to wait 30 days BEFORE you claim for non-delivery legally (although a seller can accept a claim earlier). In that case though I think it should be a claim against the seller for non-delivery of the item. 

Bada_Bing_2

The seller has now refunded me. Thanks for your comments and suggestions.

I am still pushing for a refund of my postage expenses when writing to Amazon. We'll see what happens there.

FYI, since there was some discussion on here about the responsibilities of Amazon and the seller. The seller is a large international electronics manufacturer. This is their view:

"Amazon is fully responsible for the packing, delivery, return and refund issue."

bris

I have been a customer on Amazon since the days when they only sold books.

Over the years I have had very few returns. The few I have had I was refunded the moment I put in the claim, never had to return the item either. 

Like I said its probably less than 10 so for me the CS is second to none.

Problems come when this excellent customer service is abused, they have a database that tracks it.

Not saying op is one of these serial returners but just saying there is a tipping point you don't want to be at.

tightauldgit

Bada_Bing_2 said:

The seller has now refunded me. Thanks for your comments and suggestions.

I am still pushing for a refund of my postage expenses when writing to Amazon. We'll see what happens there.

FYI, since there was some discussion on here about the responsibilities of Amazon and the seller. The seller is a large international electronics manufacturer. This is their view:

"Amazon is fully responsible for the packing, delivery, return and refund issue."

What do you mean by 'postage expenses' - the seller is responsible for refunding any P&P that you paid. If they've told you otherwise they're talking nonsense. If they can then recover from Amazon that's up to them but they owe you your postage costs. 

Bada_Bing_2

bris said:

I have been a customer on Amazon since the days when they only sold books.

Over the years I have had very few returns. The few I have had I was refunded the moment I put in the claim, never had to return the item either. 

Like I said its probably less than 10 so for me the CS is second to none.

Problems come when this excellent customer service is abused, they have a database that tracks it.

Not saying op is one of these serial returners but just saying there is a tipping point you don't want to be at.

This is a different scenario. The order was delivered to the wrong address. Amazon agreed to a refund on the same day, but it never materialised.