Amazon - Refusing to provide full refund of returns costs

Sad_Panda

This is a long saga but to try to put it in short form..

I am in England and bought a chair from Amazon UK using my debit card at the end of December 2023. I decided to return it in the 30 day returns window as it was uncomfortable. The chair couldn't be disassembled fully without a specialist tool so the box was bigger. I told Amazon this. Amazon asked UPS repeatedly came to pick up, but after not picking it up twice, they wouldn't even turn up despite it being organised. Amazon told me to use AnyVan to send it back to Dunfermline. I did.

The item was picked up and taken to Dunfermline in the middle of February. It was rejected for being too big. I immediately spoke to Amazon customer serice and said I needed an alternate address as AnyVan would be charging a storage fee. It took a week and many calls to get an alternate address. The item was dropped off at that alternate address.

I got the original chair refunded but they are refusing to fully refund for the return fees. It has been flagged up to the Executive Relations Team but they say they'll pay the ~£250 for the original AnyVan but won't accept the storage fees or the second delivery fee (another £650) despite those both being their fault due to giving me the incorrect address. They won't expand on this. I said that I didn't accept that and would send a letter before action.

I wrote and sent a letter before action to Amazon UK Services Ltd at 1 Principal Place at the end of April. I said I'd expect a reply within 3 weeks but have heard nothing other than an email from the Executive Relations Team repeating the exact same offer of the £250 AnyVan fee but nothing else. (copied + pasted email). I requested documents about our communications but haven't had those either. Given it is now the start of July, they have had a lot of time and done nothing - I've been hectic at work so not had a chance to do anything with this.

I didn't reply to that Executive Relations Team email from them as I was expecting a proper reply and was concerned that that might count as accepting it and therefore they didn't need to reply to the letter before action. 

I would love advice. In my head my options are...

- Reply to that email and say that they're not engaging in the process and ask for an explanation. I feel that they will just ignore me as they have been doing for the past few months and it is past this.

- Fill out the court claim and pay the £70 and see what happens next following the details on https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
- Accept the £250 they've offered and take a £650 loss. Very frustrating option. 

If I've missed something, please let me know and I'll happily expand.

Thank you

DullGreyGuy

Was Amazon the actual seller of the goods? A quick check of searching for chairs on Amazon they are not listed in the sellers list for any of the most obvious chair types

Sad_Panda

DullGreyGuy said:

Was Amazon the actual seller of the goods? A quick check of searching for chairs on Amazon they are not listed in the sellers list for any of the most obvious chair types

Good question - yes it was.

My receipt says 'Sold by: Amazon EU S.a.r.L.'

The chair in question was this one. https://www.amazon.co.uk/dp/B0C1GPQPG9/?th=1 says 

Dispatches from Amazon

Sold by Amazon

DullGreyGuy

Amazon EU SarL is not Amazon UK Services Limited 

Make sure you are pursuing the correct legal entity otherwise they have a very easy defence that they aren't involved in the transaction and you've wasted your fees and time which cannot be added to your next issuing against your next choice of entity.

sheramber

Returns for change of mind ( which this is as it is not faulty)  are not necessarily free.

it normally states free return in the  listing if it applies.

Sad_Panda

DullGreyGuy said:

Amazon EU SarL is not Amazon UK Services Limited 

Make sure you are pursuing the correct legal entity otherwise they have a very easy defence that they aren't involved in the transaction and you've wasted your fees and time which cannot be added to your next issuing against your next choice of entity.

Thanks for getting back to me. When I look on the invoice it says...

Sold by Amazon EU S.à r.l., UK Branch 1 Principal Place, Worship Street London, EC2A 2FA United Kingdom


I sent my Letter Before Action to...

Amazon UK Services Ltd
c/o The Legal Department
1 Principal Place
Worship Street
London,
EC2A 2FA

And put the defendant as...
Amazon UK Services Ltd

So are you suggesting that me putting that as the defendant would give them just cause to ignore if it I opened a case? If so, I feel I should send again but change the top line to Amazon EU S.à r.l., UK Branch and change the defendant to that?

https://find-and-update.company-information.service.gov.uk/company/BR017427 shows that address (but nothing specifically for The Legal Department) with it being the UK branch. 

https://find-and-update.company-information.service.gov.uk/company/OE016327 mentions the HQ is address in Luxembourg.

https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=GLSBYFE9MGKKQXXM has an address for defamations as this. Which basically matches it and suggests that the Legal Department got the previous one and are ignoring it.

Amazon EU Sarl, UK Branch
c/o Amazon UK Services Ltd, Legal Department
1 Principal Place
London
EC2A 2FA
United Kingdom 

Sad_Panda

sheramber said:

Returns for change of mind ( which this is as it is not faulty)  are not necessarily free.

it normally states free return in the  listing if it applies.

Amazon's returns policy https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=GKM69DUUYKQWKWX7

No part of it that I can see suggests it wouldn't be free returns. For example it says...
Amazon will refund the cost of sending an item back to us if it was sold or dispatched by Amazon (made-on-demand Collection items from The Drop, that are not defective, damaged or incorrect, are not eligible for free returns. See more information here).

DullGreyGuy

Sad_Panda said:

DullGreyGuy said:

Amazon EU SarL is not Amazon UK Services Limited 

Make sure you are pursuing the correct legal entity otherwise they have a very easy defence that they aren't involved in the transaction and you've wasted your fees and time which cannot be added to your next issuing against your next choice of entity.

Thanks for getting back to me. When I look on the invoice it says...

Sold by Amazon EU S.à r.l., UK Branch 1 Principal Place, Worship Street London, EC2A 2FA United Kingdom


I sent my Letter Before Action to...

Amazon UK Services Ltd
c/o The Legal Department
1 Principal Place
Worship Street
London,
EC2A 2FA

And put the defendant as...
Amazon UK Services Ltd

So are you suggesting that me putting that as the defendant would give them just cause to ignore if it I opened a case? If so, I feel I should send again but change the top line to Amazon EU S.à r.l., UK Branch and change the defendant to that?

https://find-and-update.company-information.service.gov.uk/company/BR017427 shows that address (but nothing specifically for The Legal Department) with it being the UK branch. 

https://find-and-update.company-information.service.gov.uk/company/OE016327 mentions the HQ is address in Luxembourg.

https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=GLSBYFE9MGKKQXXM has an address for defamations as this. Which basically matches it and suggests that the Legal Department got the previous one and are ignoring it.

Amazon EU Sarl, UK Branch
c/o Amazon UK Services Ltd, Legal Department
1 Principal Place
London
EC2A 2FA
United Kingdom 

People here cannot give you legal advice just saying that if you search on here there are plenty of examples of people issuing against Company A Ltd and their defence is simply they weren't party to the contract, the poster loses the case and then has to pay to reissue against Company A PLC or Company A (UK) Ltd or such and swallow the previous issuing and court fees. 

the_lunatic_is_in_my_head

sheramber said:

Returns for change of mind ( which this is as it is not faulty)  are not necessarily free.

it normally states free return in the  listing if it applies.

As surprising as I find it, the below from OP's link does seem to imply they cover the return postage on all returns:

sheramber

the_lunatic_is_in_my_head said:

sheramber said:

Returns for change of mind ( which this is as it is not faulty)  are not necessarily free.

it normally states free return in the  listing if it applies.

As surprising as I find it, the below from OP's link does seem to imply they cover the return postage on all returns:

Which category do you put a change on mind about a chair under?
The OP has not said it is faulty, just that it was uncomfortable for him. 

noitsnotme

sheramber said:

the_lunatic_is_in_my_head said:

sheramber said:

Returns for change of mind ( which this is as it is not faulty)  are not necessarily free.

it normally states free return in the  listing if it applies.

As surprising as I find it, the below from OP's link does seem to imply they cover the return postage on all returns:

Which category do you put a change on mind about a chair under?
The OP has not said it is faulty, just that it was uncomfortable for him. 

The second one - "Refund of costs of sending the item back to us if cancellation"