30 day policy advice - needed

Phoebenaomi

Hi  I need some consumer advice on a product I purchased on Amazon.  I purchased this several months ago, but when I went to check it always said it was 'running late'.  I have screenshots of this (from this weekend).  However, when I eventually managed to contact someone from Amazon (not an easy process) they told me that as I ordered this more than 30 days ago, I am not eligible for a refund and there is nothing they can do.  They have said that there is a message at their end saying it is 'lost' (not on my screen) and therefore it was my responsibility in the 30 days to contact them to get a refund.  I didn't do this, as I thought it was running late!  Surely, if I have bought a product and it didn't arrive they can't keep my money? Advice please - I spent 3 hours arguing with someone from Amazon, who eventually sent me an email saying about a 30- day policy they have and that it was my responsibility to contact them if the product didn't arrive?  This was news to me! 

Manxman_in_exile

Phoebenaomi said:

Hi  I need some consumer advice on a product I purchased on Amazon.  I purchased this several months ago, but when I went to check it always said it was 'running late'.  I have screenshots of this (from this weekend).  However, when I eventually managed to contact someone from Amazon (not an easy process) they told me that as I ordered this more than 30 days ago, I am not eligible for a refund and there is nothing they can do.  They have said that there is a message at their end saying it is 'lost' (not on my screen) and therefore it was my responsibility in the 30 days to contact them to get a refund...

Assuming you are talking about amazon UK they are talking rubbish.

UK consumer law makes the seller responsible for goods until they are delivered into the physical possession of the consumer.

It's in s29 here:  Consumer Rights Act 2015 (legislation.gov.uk)

It's possible you ahevn't explained properly what has happened and they think you are trying to exercise the short-term right to reject.

Even then it's rubbish.

Go back to them and quote the law as above.  If their system says "Lost" they can't really argue with you.

NB - you did use a courier offered by amazon and not one of your own choice?

the_lunatic_is_in_my_head

Hello OP

Might be worth a polite and brief post on their Facebook page 

https://www.facebook.com/AmazonUK

if you aren't getting any joy with CS via the website. 

born_again

Direct from Amazon, or via Marketplace?

Phoebenaomi

Yes Amazon Uk - direct from Amazon - not even third seller.

Phoebenaomi

yes using their courier - both myself and my husband tried to explain the situation (we were online for almost 3 hours) so unlikely he misunderstood the situation.  I have screenshots of all the correspondence as we couldn't believe what was going on. 

Phoebenaomi

This is Amazon's email

I've checked and can see that Premium Shipping marked this order was not marked as delivered, hence considered as lost.

Since more than 30 days have passed since your order's purchase date, I'm unable to refund your order / issue a replacement.

It's very important that you notify us immediately of any discrepancies or issues with any orders received. For cases such as this, we're only able to issue replacements / refund orders within 30 days of your purchase date.

It may be helpful for you to know for future orders, that you can select additional delivery preferences during checkout if you think you might not be at home at the time of your delivery. Under the delivery preferences section, you'll see a 'Tell us where to leave your package' link under the heading 'What if I am not in?'.

Please click on the following link for more information on this feature:

I apologise for any inconvenience caused.

eskbanker

It does sound like some crossed wires, but if Amazon are refusing to refund then you might find that the most pragmatic action is to make a chargeback claim via your card provider, on the basis of goods not received.

powerful_Rogue

eskbanker said:

It does sound like some crossed wires, but if Amazon are refusing to refund then you might find that the most pragmatic action is to make a chargeback claim via your card provider, on the basis of goods not received.

I would raise a complaint with Amazon first, you can find the CEO departments email address via a quick Google. (MSE don't allow them to be posted even if in the public domain).

Going straight to a chargeback could see Amazon close your account as they have history of this.

tightauldgit

Phoebenaomi said:

This is Amazon's email

I've checked and can see that Premium Shipping marked this order was not marked as delivered, hence considered as lost.

Since more than 30 days have passed since your order's purchase date, I'm unable to refund your order / issue a replacement.

It's very important that you notify us immediately of any discrepancies or issues with any orders received. For cases such as this, we're only able to issue replacements / refund orders within 30 days of your purchase date.

It may be helpful for you to know for future orders, that you can select additional delivery preferences during checkout if you think you might not be at home at the time of your delivery. Under the delivery preferences section, you'll see a 'Tell us where to leave your package' link under the heading 'What if I am not in?'.

Please click on the following link for more information on this feature:

I apologise for any inconvenience caused.

Fairly sure legally they have to refund you, I imagine it's more a 'computer says no' issue that whichever customer service rep can't physically issue a refund with the access they have. 

I can't possibly imagine what you were online discussing with them for 3 hours but probably worth an email complaint or else chargeback. 

Manxman_in_exile

@Phoebenaomi -  I quoted the law to you in the first response to your post.  Go back to amazon and provide them with the link I gave in that response.  (And if you follow powerful_Rogue's advice tell their CEO too...)

To put it simply: 

  "Under s29 of the Consumer Rights Act 2015 (legislation.gov.uk) responsibility for goods remains with the trader (ie Amazon) until the goods are delivered into the physical possession of the consumer.  The law makes no mention of a 30 day limit within which the consumer must make a complaint, and the law does not allow amazon to impose such a limit on the consumer".

Tell them you want either a full refund or a replacement.