Amazon Seller refusing a refund
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revilosmith99
Posts: 9 Forumite
Hi, I ordered a Samsung Galaxy S7 edge on the Amazon UK website via a seller. After around 6 months of having the phone, it developed a fault whereby there is a pink row of pixels down the screen. After some research online, it appears other people have this same fault as well and that Samsung are willing to fix this free of charge under warranty.
Upon contact of Samsung UK, I gave them the serial number and IMEI of my phone and they told me that they are not able to repair the phone as it is not the UK model but is actually a UAE model of the phone. After checking on Amazon, the device was clearly advertised to me as a UK model, in fact the title of the product was 'Samsung Galaxy S7 Edge 32GB UK SIM-Free Smartphone - Black', this clearly advertises the phone as a UK model. I am not pleased with this as the seller of this device has given me a UAE device instead of the UK device which was ordered.
Upon contact with the seller, they explained to me that Samsung will cover this under warranty, however after telling them that Samsung have explicitly told me that they cannot do anything and that they have given me the wrong device, they agreed to allow me to return the device and they will fix it free of charge. At this point, I told the seller I do not want it repaired but instead would like a full refund of the original price of the device as they have not given me what I thought I was purchasing. However, the seller has refused to acknowledge this, all correspondence has been over email, and all they will offer me is for them to repair the device. The reason I do not think this is acceptable is because if something like this was to happen again then I would be in exactly the same situation as I am in now and a repair would not change the fact that the device is not actually the model I thought I had purchased.
There have been multiple emails between the seller and myself. After asking for a full refund of the device I have been met with this response:
"Dear Customer,
After further checking with our team, we would like to confirm that at this stage, we can only offer a repair for your phone.
Kind regards,
Customer service"
This is despite my emphasis to the seller that they have sold me a UAE model of the device instead of the UK model. In fact, in one of their emails, they actually acknowledged that usually they send an 'EU spec' device, but failed to explain why I wasn't in this case.
I would like to know how I should proceed with this. What are my rights under this situation, the Consumer Rights act 2015 states that a product must be 'as described'. How should I proceed from this stage?
Thank you for any help that can be offered with this.
Upon contact of Samsung UK, I gave them the serial number and IMEI of my phone and they told me that they are not able to repair the phone as it is not the UK model but is actually a UAE model of the phone. After checking on Amazon, the device was clearly advertised to me as a UK model, in fact the title of the product was 'Samsung Galaxy S7 Edge 32GB UK SIM-Free Smartphone - Black', this clearly advertises the phone as a UK model. I am not pleased with this as the seller of this device has given me a UAE device instead of the UK device which was ordered.
Upon contact with the seller, they explained to me that Samsung will cover this under warranty, however after telling them that Samsung have explicitly told me that they cannot do anything and that they have given me the wrong device, they agreed to allow me to return the device and they will fix it free of charge. At this point, I told the seller I do not want it repaired but instead would like a full refund of the original price of the device as they have not given me what I thought I was purchasing. However, the seller has refused to acknowledge this, all correspondence has been over email, and all they will offer me is for them to repair the device. The reason I do not think this is acceptable is because if something like this was to happen again then I would be in exactly the same situation as I am in now and a repair would not change the fact that the device is not actually the model I thought I had purchased.
There have been multiple emails between the seller and myself. After asking for a full refund of the device I have been met with this response:
"Dear Customer,
After further checking with our team, we would like to confirm that at this stage, we can only offer a repair for your phone.
Kind regards,
Customer service"
This is despite my emphasis to the seller that they have sold me a UAE model of the device instead of the UK model. In fact, in one of their emails, they actually acknowledged that usually they send an 'EU spec' device, but failed to explain why I wasn't in this case.
I would like to know how I should proceed with this. What are my rights under this situation, the Consumer Rights act 2015 states that a product must be 'as described'. How should I proceed from this stage?
Thank you for any help that can be offered with this.
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Comments
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Did you pay with a credit card?0
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The bit you may have a problem with is that the U.K. Sim Free part of the description just means that it can be used with most U.K. networks (similar to unlocked but slightly different descriptions). It doesn't necessarily mean the the phone in question is a U.K. model.0
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The title of the product just mentioned 'UK' and didn't say anything about it being a UK SIM. In fact, it turns out the seller has now removed 'UK' from the product title on amazon on their latest listing. In no way did it say I would be getting an imported UAE device and using 'UK' in the title is very misleading.
I payed via debit cardDid you pay with a credit card?0 -
revilosmith99 wrote: »The title of the product just mentioned 'UK' and didn't say anything about it being a UK SIM. In fact, it turns out the seller has now removed 'UK' from the product title on amazon on their latest listing. In no way did it say I would be getting an imported UAE device and using 'UK' in the title is very misleading.
I payed via debit card
You said yourself in your first post that it was advertised as "Samsung Galaxy S7 Edge UK SIM Free Samrtphone Black. That just says that it is U.K. SIM free, it doesn't mean that it is a U.K. model.0 -
Ok but it did not say anywhere that it was a UAE imported model, as well as that on contact of the seller they admitted that usually they provide 'EU spec' phones but didnt explain why I was given a UAE spec phone.You said yourself in your first post that it was advertised as "Samsung Galaxy S7 Edge UK SIM Free Samrtphone Black. That just says that it is U.K. SIM free, it doesn't mean that it is a U.K. model.
Also I inferred 'UK Sim Free' to mean a UK model but a Sim-Free device. In fact 'Sim-Free' just refers to the fact that it comes without a sim card (a quick search on google shows this is the commonly used meaning of this phrase. As such, I think they were advertising the phone as a UK model but sim free0 -
Why not let them fix it?
You'll be back in the same position - i.e. you'll have a working S7 phone
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This is true and I did consider this, however what if this happens again? I would have to go through this same process, in fact people have reported the issue returning after the fix. The company isn't UK based, it turns out, and it would apparently take almost 6 weeks for the repair as well.nomoneytoday wrote: »Why not let them fix it?
You'll be back in the same position - i.e. you'll have a working S7 phone0 -
revilosmith99 wrote: »Ok but it did not say anywhere that it was a UAE imported model, as well as that on contact of the seller they admitted that usually they provide 'EU spec' phones but didnt explain why I was given a UAE spec phone.
Also I inferred 'UK Sim Free' to mean a UK model but a Sim-Free device. In fact 'Sim-Free' just refers to the fact that it comes without a sim card (a quick search on google shows this is the commonly used meaning of this phrase. As such, I think they were advertising the phone as a UK model but sim free
Actually it is a common misconception that SIM free means without a SIM card when it actually means it has never been locked to a network (whereas an unlocked phone has been but then had the lock removed) so all U.K. SIM Free actually means is that is has never been locked to a U.K. network. It does not mean that it is a U.K. model of phone without a SIM card.0 -
If its been 6 months its likely you're outwith the time to make a chargeback claim.
Try contacting the seller again (assuming they are based in the UK) and remind them that they have a legal obligation to provide goods that conform to contract. That they have admitted they supplied the wrong product and a repair will not bring the goods back within conformity therefore they have the option of proving a replacement or a refund (although be aware if its more than 6 months from purchase, they can reduce any refund to account for use you have had).You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I have contacted them asking if they are willing to refund the phone for its current value but they messaged back saying they will only do the repair. I cant post links but looking up the detailed seller info from amazon gives:unholyangel wrote: »If its been 6 months its likely you're outwith the time to make a chargeback claim.
Try contacting the seller again (assuming they are based in the UK) and remind them that they have a legal obligation to provide goods that conform to contract. That they have admitted they supplied the wrong product and a repair will not bring the goods back within conformity therefore they have the option of proving a replacement or a refund (although be aware if its more than 6 months from purchase, they can reduce any refund to account for use you have had).
Business Name: Alfatek Limited
Business Type:Limited Company
Trade Register Number:2240997
VAT Number:GB281741888
Customer Services Address:
7/F China United Plaza, 1008 Tai Nan West Street,
Cheung Sha Wan
Kowloon
kowloon
HK
Business Address:
7/F China United Plaza, 1008 Tai Nan West Street,
Cheung Sha Wan
Kowloon
HK
It appears as though they are based in Hong Kong. Not sure what else I can do because I think it is too late for a chargeback as I payed via debit card (and it was almost a year ago).
Would anyone agree that the product isn't 'as described' as required by the Consumer rights act 2015, maybe I should get the opinion of a solicitor?0
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