Can I ask for a replacement from Amazon?

leitmotif

I received some faulty goods from Amazon at a discount during their recent Prime Day deals. I would like replacements rather than refunds, but Amazon's policy is that they will only refund you if the product was discounted. The goods were sold and supplied by Amazon.

Can I insist on replacements?

user1977

No, they're entitled to refund. What if the retailer doesn't have any replacements?

Ergates

No not really.

A retailer can refuse to replace/repair if to do so would be:

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

I think Amazon could argue that it would be impossible to do a like-for-like replacement.  Or they could argue that to replace a discounted item with a full-price equivalent would be disproportionate.

the_lunatic_is_in_my_head

Hello OP

You should be in the position you would have had been had the breach (“faulty” goods) not occurred. 

You have the right to a repair or replacement, I highly doubt a replacement is impossible and the disproportionate above is compared to the other (i.e a repair) rather than on it’s own. 

However if they won’t honour either you either have the right to a priced reduction or refund. 

If you buy elsewhere at the best price possible you could claim the difference as damages.

Amazon CS aren’t going to acknowledge any of this (overseas staff with a script), so it’s a matter of value vs headache as to whether you’d want to send a letter before action and issue small claims. 

There is a managing director email address (also overseas I’d imagine) or a UK head office address to write to which might see them offer some “good will”. 

Alderbank

The consumer does have the right to repair or replacement but only if it is possible (ie. the seller has stock to replace it) and the cost would not be disproportionate.

How much was the discount? Prime Day discounts are often 33% or even more.

So if you bought an item normally £150 for £100 on Prime Day, they could either refund you what you paid (£100) or replace the item you paid £100 for with one costing £150. They might have a case that replacement would be disproportionate to what you paid (some might disagree with that logic).

As an aside, Amazon generally don't do replacements, whether it is change of mind or faulty (replacement is when you exchange what you have for something else without any money changing hands). They always say 'return it for a refund then buy again'. My limited experience of returning stuff is that the refund is in my account within minutes of booking the goods into a returns point.

leitmotif

Alderbank said:

The consumer does have the right to repair or replacement but only if it is possible (ie. the seller has stock to replace it) and the cost would not be disproportionate. [...] They might have a case that replacement would be disproportionate to what you paid (some might disagree with that logic).

Stock won't be the problem in this case. I suppose one could counter the second point quoted above by contending that they managed to sell it at the discounted rate in the first place. What I bought isn't that expensive, as it happens, but I'm keen to know whether Amazon's policy has a legal basis (or, at least, not running counter to consumer legislation) rather than simply being its preference.

user1977

As above, it is legal. In fact isn't it Amazon's standard practice whether or not it's a discounted price? i.e. you get refunded for any returns, and up to you whether or not to order a replacement?

the_lunatic_is_in_my_head

leitmotif said:I'm keen to know whether Amazon's policy has a legal basis (or, at least, not running counter to consumer legislation) 

It is but only because they aren't honouring your right to a repair or replacement. 

Regarding the price would be interesting to run the item through here

https://uk.camelcamelcamel.com/

and see what kind of "discount" was actually offered anyway.

As a side note if it was FBA (fulfilled by Amazon, sold be sellerxyz) they only refund as they aren't seller (a lot of FBA sellers are in China so no hope of enforcing any rights with them), I'm sure I've had the option of a replacement on returned orders in the past for items actually sold by Amazon but it's been a very long time since I returned anything.

noitsnotme

It's one of those situations where you need to pick your fights wisely.  There may well be some legal route to force Amazon in to providing a replacement at the reduced price but they are notoriously difficult to deal with in the first place and if you were to successfully win a legal claim, they would almost certainly close your account.  Sometimes it's not worth the hassle, even if 'principal' says otherwise.