Amazon seller....faulty product.... section 75

luaive

Hi. Hoping this is the right place to ask this question, if not can the admin please redirect the message to the correct forum? thanks 

I purchased a product through Amazon from a UK seller, I'm UK too, item arrived has been good for a few months then parts fell off and got lost so I contacted the seller (product no longer available to purchase on Amazon) and after some messages back and forth they agreed to send me replacement parts (some small clips holding parts of the product together, that was a week ago. Being Christmas I gave a week for them to arrive, nothing, so I contacted Amazon who were as useful as a chocolate teapot and basically said they would contact the seller to contact me, even though I had told Amazon that I had already done that. So I got in contact with my bank Barclays and asked for a section 75/chargeback as product was over £300 and quite frankly by now I don't think just a few parts being replaced is good enough now,  the product is outside and has been getting rain in due to not being fully secured, and I worry now that there will be more issues down the line because of this. Amazon went ahead and messaged the seller regarding my complaint and I received a message from the seller saying they have sent it out TODAY??? Sorry but a week later and only after I complain they say they have sent it?? I've never done a section 75 and I wonder if anyone who has done so can help me, I have to wait 10 days for a response from the card company. Should I refuse the parts when they are delivered? What are the chances my section 75 will be successful? As the seller has now 'apparently' sent out the replacement parts. Many thanks.

eskbanker

luaive said:

...after some messages back and forth they agreed to send me replacement parts (some small clips holding parts of the product together, that was a week ago. Being Christmas I gave a week for them to arrive, nothing, so I contacted Amazon...

To what extent was it stated or agreed that they'd be shipped within a week, versus assuming that?

Section 75 relies on demonstrating a breach of contract, but if the supplier is being relatively cooperative then it's hard to see a claim succeeding, from what you've said?

born_again

There is also the issue that many retailer shut for extended periods over the holiday. So it is possible that today is the 1st chance they have had to send them out.

DullGreyGuy

luaive said:

Hi. Hoping this is the right place to ask this question, if not can the admin please redirect the message to the correct forum? thanks 

I purchased a product through Amazon from a UK seller, I'm UK too, item arrived has been good for a few months then parts fell off and got lost so I contacted the seller (product no longer available to purchase on Amazon) and after some messages back and forth they agreed to send me replacement parts (some small clips holding parts of the product together, that was a week ago. Being Christmas I gave a week for them to arrive, nothing, so I contacted Amazon who were as useful as a chocolate teapot and basically said they would contact the seller to contact me, even though I had told Amazon that I had already done that. So I got in contact with my bank Barclays and asked for a section 75/chargeback as product was over £300 and quite frankly by now I don't think just a few parts being replaced is good enough now,  the product is outside and has been getting rain in due to not being fully secured, and I worry now that there will be more issues down the line because of this. Amazon went ahead and messaged the seller regarding my complaint and I received a message from the seller saying they have sent it out TODAY??? Sorry but a week later and only after I complain they say they have sent it?? I've never done a section 75 and I wonder if anyone who has done so can help me, I have to wait 10 days for a response from the card company. Should I refuse the parts when they are delivered? What are the chances my section 75 will be successful? As the seller has now 'apparently' sent out the replacement parts. Many thanks.

Almost certainly Barclays will have processed it as a chargeback, for various reasons, which means the merchant gets an opportunity to contest the claim. Certainly don't refuse the parts as you could lose the chargeback and then still be in the same position. 

A section 75 will fail because you paid Amazon who paid the Supplier. For S75 to succeed one of the requirements is there to be a direct set of relationships between the Debtor (you), the Creditor (your card issuer) and the Supplier (the person that sent you the product). In this case there is a fourth party in the form of Amazon sitting between the Creditor and Supplier which breaches S75. 

Anyone can register as a seller on Amazon, you don't have to be a multi-national corporation. As such not all sellers are fully professional and not all one man bands will have been working at all over the festive period. Unless they promised to send them that day or such then sending them a couple of days after the new year isn't fantastic but also isn't stockily bad either. 

MEM62

It might be useful to know what the 'product' is.