Amazon Seller refusing a refund

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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,967 Forumite
    First Anniversary First Post Name Dropper
    I think it is as described. The UK SIM-free descriptor relates to it not being locked to a network.

    Why did you buy it from a HK business when it's a commonplace model that can be bought from an endless list of UK retailers?
  • revilosmith99
    revilosmith99 Posts: 9 Forumite
    edited 16 May 2018 at 4:01PM
    I think it is as described. The UK SIM-free descriptor relates to it not being locked to a network.

    Why did you buy it from a HK business when it's a commonplace model that can be bought from an endless list of UK retailers?

    It was purchased on Amazon UK via this seller.

    Despite this, it did not say anywhere that the device was actually from the UAE, and the title strongly insinuates that the device is a UK model, so was not clear advertising, especially when 'UK sim-free' could be inferred to be a sim free phone UK model
  • munchpot
    munchpot Posts: 215 Forumite
    First Anniversary Name Dropper First Post
    It was purchased on Amazon UK via this seller.

    Despite this, it did not say anywhere that the device was actually from the UAE, and the title strongly insinuates that the device is a UK model, so was not clear advertising, especially when 'UK sim-free' could be inferred to be a sim free phone UK model

    Without sounding harsh I think you need to let go of the UK Sim Free meaning it's a UK model. Companies are very adept at using phrases to make things sound one way but staying on the right side of the law.

    Off topic but, for example, a leading UK washing powder advertised their product as 'no other powder washes whiter' Some people took that to mean they washed the whitest, whereas what it actually says is 'we wash to the same whiteness as everybody else'

    The inclusion of the UK Sim Free line is factually correct (as pointed out above meaning it's not been previously locked to a UK network) and therefore don't think they have broken any rules, so I believe they are fulfilling their obligations by agreeing to repair the device.
  • revilosmith99
    revilosmith99 Posts: 9 Forumite
    edited 16 May 2018 at 4:31PM
    munchpot wrote: »
    Without sounding harsh I think you need to let go of the UK Sim Free meaning it's a UK model. Companies are very adept at using phrases to make things sound one way but staying on the right side of the law.

    Off topic but, for example, a leading UK washing powder advertised their product as 'no other powder washes whiter' Some people took that to mean they washed the whitest, whereas what it actually says is 'we wash to the same whiteness as everybody else'

    The inclusion of the UK Sim Free line is factually correct (as pointed out above meaning it's not been previously locked to a UK network) and therefore don't think they have broken any rules, so I believe they are fulfilling their obligations by agreeing to repair the device.

    After a quick search, I cannot find any reference to 'UK Sim Free' being used in this context. In fact, if I search for 'UK Sim Free' it brings up options which only discuss 'Sim-Free'. It appears that the commonly accepted definition of sim-free is 'SIM Free is literally as it sounds; a phone that is free of a SIM card.' so putting UK Sim-Free to mean one thing would make no sense at all.

    Note that there is a distinction between 'Sim Free' and 'Unlocked'.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    First Anniversary Name Dropper First Post
    After a quick search, I cannot find any reference to 'UK Sim Free' being used in this context. In fact, if I search for 'UK Sim Free' it brings up options which only discuss 'Sim-Free'. It appears that the commonly accepted definition of sim-free is 'SIM Free is literally as it sounds; a phone that is free of a SIM card.' so putting UK Sim-Free to mean one thing would make no sense at all.

    Note that there is a distinction between 'Sim Free' and 'Unlocked'.

    Even if you want to use the commonly incorrect definition of SIM Free, it is still advertised as a U.K. SIM Free phone which would just be a phone provided without a U.K. SIM card and not guaranteed to be a U.K. model of phone.

    Note: Yes there is a distinction between sim Free and unlocked which is why I said they are similar but not the same.
  • its_all_over
    its_all_over Posts: 183 Forumite
    Have you considered making a complaint to Amazon? you don't have to worry about the various distinctions being discussed and just say you feel that you have been misled by the Amazon seller because they didn't disclose it was a UAE phone.

    Amazon might step in and help you get a refund if that's what you want, even if there isn't a statutory right to get one.
  • Have you considered making a complaint to Amazon? you don't have to worry about the various distinctions being discussed and just say you feel that you have been misled by the Amazon seller because they didn't disclose it was a UAE phone.

    Amazon might step in and help you get a refund if that's what you want, even if there isn't a statutory right to get one.
    This was the first thing I tried, but all amazon can do it contact the seller and tell them what i've told amazon. Amazon do not actually have any authority over what the company does (it is past the date for doing an A-Z claim via amazon) so it seems best to keep contact directly between myself and the seller.
  • its_all_over
    its_all_over Posts: 183 Forumite
    This was the first thing I tried, but all amazon can do it contact the seller and tell them what i've told amazon. Amazon do not actually have any authority over what the company does (it is past the date for doing an A-Z claim via amazon) so it seems best to keep contact directly between myself and the seller.

    You have no case or statutory rights to get a refund now, if it was me I would be complaining about the misrepresentation of the phone to everyone at Amazon that I could, not the poor person who answers emails but to as many managers and above I could find details for, all the way up to Jeff Bezos.

    Complain about how unhappy you are that Amazon allow sellers to sell grey products from outside the EU without disclosing that fact and how it means you have no warranty.

    You are looking at trying to get some goodwill help.
  • After doing some research the company has previously operated under the name 'wowcamera' and a review on trustpilot shows someone who had the exact same problem as me:

    "sold overseas phone by wowcamera through amazon UK
    thought it was a great deal on an S7 edge until our son dropped the phone and we needed to send it to samsung in cambridge for screen replacement. unfortunately samsung refused to service the phone after giving them the serial as it was not a uk model. wowcamera agreed to replace the phone eventually as it was missold, however UPS was unable to find the address in the netherlands wowcamera claims to operate from. perfect way to burn £500, spend the little extra and buy form a reputable uk dealer"
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