Item missing from Amazon Order

DistortedVision

A few days ago I ordered a watch costing £255 from Amazon. It was sold by the manufacturer and fulfilled by Amazon. It was delivered the next day and because it was a relatively high value item I had to give the delivery driver a passcode.

I opened it immediately on receipt and the watch was missing from inside the product packaging which is a zip case. I contacted Amazon immediately on livechat. They advised me that I need to report it the police and obtain a crime reference number. They believe the package was tampered with. Amazon told me I would receive a refund once I sent them this.

I reported it to my local police station and they wrote the incident no. and crime reference no. on a Constabulary compliments slip which was also stamped with the official stamp. I sent a scan of this to Amazon. They are now saying this is not enough and I need to send them a police report. I went back to the Police station and they said they had never come across this. The person on the helpdesk said someone would get back to me. She called me 30 mins later and said that I needed to make a Subject Access Request. But I don't think this will be a police report which Amazon would accept.

There two key pieces of information. I own a watch from the same manufacturer with the same zip case. It has two types of foam inserts. There is indentation on both foam inserts where the watch has been sat. On the one I received from Amazon there are no indentation marks whatsoever. Also I checked the manufacturer's seller feedback on Amazon. There is another customer who has had the same thing happen to them.

The police do not believe the package has been tampered with and I agree with them as there were no evidence of this. They said they were not going to take any further action as they believe it is for internal investigation within Amazon.

If I'm wondering if Amazon don't accept what the police send from the Subject Access Request. Could I sue Amazon in a small claims court?

I don't really see any other option. I contact the manufacturer through Amazon and they said I need to follow Amazon's procedures to obtain a refund.

Many thanks.

ArbitraryRandom

One question would be how did you pay... 

The other question would be how much do you care about your amazon account? 

Aylesbury_Duck

If you paid by card, speak to your card provider about options.  It's often said on here that Amazon will close accounts belonging to people who do chargebacks, S75 and small claims, which of course they're perfectly entitled to do, so just be aware that it's a possibility.  They allegedly block addresses as well, so getting round it with a new account is impossible.  It's probably a particular problem if you have purchased digital content because you'd lose access to all of it.

But £255 is not a small sum to write off.

DistortedVision

I paid £100 with Gift Card and the rest with Mastercard Debit Card. I successfully sued Amazon in a small claims in the past for a different type of issue. They settled the claim in full outside of court and didn't close my account.

Lorian

Tried contacting the manufacturer direct just in case they realize they have possible issues and put their hands up?

ArbitraryRandom

As seller, your customer rights are with the manufacturer - and the rights offered by Amazon are 'additional', so if you're suing anyone it would probably be the manufacturer. 

Next question - is the manufacturer registered as a business in the UK, or are they based somewhere else and just use amazon as a selling platform? 

The reason for asking about payment method is, if you get nowhere with the manufacturer or Amazon, then you might be protected by your debit card (You would only get the £150 back via chargeback)

https://www.moneysavingexpert.com/reclaim/visa-mastercard-chargeback/

DistortedVision

Lorian said:

Tried contacting the manufacturer direct just in case they realize they have possible issues and put their hands up?

I did contact the manufacturer. They said I have to go through Amazon's procedures and that their hands are tied.

GrubbyGirl_2

Because I hear of so many people this happening to when I ordered something for £200 I insisted the delivery guy open the package to prove it was in there before I gave him the code.  He was not happy as it all took time but he wouldn't hand ot over without the code.  it worked and when I was satisfied I gave him the code.

ArbitraryRandom

DistortedVision said:

Lorian said:

Tried contacting the manufacturer direct just in case they realize they have possible issues and put their hands up?

I did contact the manufacturer. They said I have to go through Amazon's procedures and that their hands are tied.

I understand why they would say that, but if they're a UK company (you need to check that) then Amazon's T&Cs don't replace or reduce your consumer rights... which are enforceable via the seller (who you say is the manufacturer), not the platform. 

DistortedVision

I called Amazon last week instead of livechat. They said to call back if my refund was issued by the 23rd. I It hadn't so I called them back today and they have issued a refund. So glad it's been sorted out.

Jonboy_1984

ArbitraryRandom said:

DistortedVision said:

Lorian said:

Tried contacting the manufacturer direct just in case they realize they have possible issues and put their hands up?

I did contact the manufacturer. They said I have to go through Amazon's procedures and that their hands are tied.

I understand why they would say that, but if they're a UK company (you need to check that) then Amazon's T&Cs don't replace or reduce your consumer rights... which are enforceable via the seller (who you say is the manufacturer), not the platform. 

You have the full consumer rights but Amazon insist all communication for marketplace sales goes through their dispute process, so they have oversight of it and a clear audit trail. If as a seller you get caught bypassing it they can close the seller account.