Amazon challenging dispute

sheramber

Was it fulfilled and despatched by  TSR  or Amazon?

karens_freebies

It was fulfilled and dispatched by Amazon .

[Deleted User]

If it's a marketplace seller your contract is with them, even if Amazon delivers it. You wouldn't think so, given that Amazon nullify any negative seller feedback based on delivery, but there you go.

What I'd say is that if you have no safe-place set up on your account, and the package was just left outside your door (or even if you do have a safe-place, outside the door is not an option), that's a breach of contract. That's clear-cut. Your contract is with the seller. You tell them this and if they don't refund you take it to small claims. That's what I'd do.

karens_freebies

not sure how to post links .I wrote to the seller as a review saying I have not received my goods .Amazon scored the review out and said that it had nothing to do with the seller .They then told me I wasn't eligible for A-Z amazon guarantee .I looked this up and this is between the seller and me ,so prob doesn't apply .I checked I paid for the boots via my mastercard credit card ,they have refunded me the £164.99 temporarily .Amazon have sent a picture of a parcel at my door and have claimed they will not issue a refund or chargeback as they have sent their evidence the photo in time to mastercard and that the parcel was left at my doorstep therefore it was delivered as far as they are concerned and have denied a refund .They did add that I have been a loyal customer for years and have bought many things form Amazon and have had any parcels disappeared before .This parcel is the only one delivered by Evri ,if that makes a difference .Surely a parcel left on my doorstep althought you can't make out my details on it ,doesn't constitute a safe delivery.It was left on a doorstep with no porch,no safe place offered ,no neighbour took any parcels in and it's on a busy road .That's if it was even left there for very long ,if the driver didn't take it back or it was taken from my doorstep.I still out £164.99 for a non exsisting pair of UGG boots and don't know where to go from here .If Amazon still persist in challenging this and my bank withdraws my temporary refund ,am I stuck 

Aylesbury_Duck

No, you can hold your credit card company jointly liable and raise a section 75 claim.  Chargeback is where the card company retrieves the payment from the retailer.  A successful S75 claim means the card company stumps up.

karens_freebies

Thankyou,so the credit card company are jointly liable ,even though they are threatening to withdraw my temporary refund .Any ideas how I raise a section 75 claim ? your advice is amazing ,thankyou so much 

400ixl

Your previous post said you bought it on a debit card, not credit card, which means S75 doesn't apply to you.

karens_freebies

Sorry I thought it was my debit card ,but I checked it and it was my mastercard credit card .Which as it turns out is a good thing .Sorry for any confusion

Vectis

Just out of interest, and it really doesn't affect whether you're entitled to get a refund or not, but I'm wondering where all the previous parcels which you've said have been sent by Amazon have been left if you've no safe space specified, no porch etc. So, where do they normally leave them?

It seems to be taking a bit of a chance, depending on where you live of course, that you're regularly getting parcels left on your doorstep in full view. I'd strongly suggest setting up a safe space or telling couriers to deliver to a neighbour if you're not in.

It's also a little odd if you've never previously had any items lost or stolen or not delivered somehow that Amazon are digging their heels in about this. It's usually if you have a record of such events that they start to query it. I know they've closed people's accounts previously for repeated non-deliveries, and it seems strange that they've taken such a hardline for a first problem delivery.

prowla

born_again said:

If they have proof of delivery, & this does not have to be your address. Then under card regulations they can reject the chargeback.
If they do not, they could go legal to recover the funds.

Leaving something outside on the doorstep is not proof of delivery.