After some Amazon seller advice

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warriorsq
warriorsq Posts: 51 Forumite
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in Consumer rights
I ordered a shopping trolley for my mother from an Amazon Marketplace seller which was delivered on 1/9/17. Less than 15 minutes into using it for the first time on the day of delivery the wheel feel off and upon inspection a metal pin that holds the wheel on was missing along with a washer. I emailed the Marketplace seller the same day and they asked me to send a picture of what was missing and so I took a picture of another wheel and told them what was missing best I could tell. On the 8/9/17 I got an email to say that they'd posted the parts out but as of today 13/9 I've not received anything. I just spoke to Amazon cs in America and asked what my rights were to send the trolley back and she just said she'd email the seller with my issue and that was it basically. If anyone could tell me the correct steps to take and what my rights are to return it I'd appreciate it as I'm not sure how it works, am I liable for return postage? etc. Thanks in advance

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  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Why amazon cs in america? I'm presuming you purchased from amazon in the EU rather than amazon in the US?

    Today is only the 3rd working day (assuming they actually sent it on friday rather than packaging it up, ready to be sent). I'd perhaps give them a few more days and then if nothing appears, try a A to Z claim on amazon website.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • warriorsq
    warriorsq Posts: 51 Forumite
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    Thanks Unholyangel.

    Yes it was EU. I googled a number for Amazon UK and an 0800 number came up and just presumed it would be here but it wasn't.

    It's a tough one but my mum is 80 with arthritis and took a bad fall while out hence the trolley so she can go out more safely as it has a built in seat. It'll be 14 days Fri since delivery and so I presume that's all the time I have to return it without question?. Also if I fix it and it fails in the near future do I loose rights to return as I carried out the repair?
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    warriorsq wrote: »
    Thanks Unholyangel.

    Yes it was EU. I googled a number for Amazon UK and an 0800 number came up and just presumed it would be here but it wasn't.

    It's a tough one but my mum is 80 with arthritis and took a bad fall while out hence the trolley so she can go out more safely as it has a built in seat. It'll be 14 days Fri since delivery and so I presume that's all the time I have to return it without question?. Also if I fix it and it fails in the near future do I loose rights to return as I carried out the repair?

    I believe amazon stipulate that sellers must offer a returns policy at least equal to the one amazon offer themselves (which I believe is 30 days).

    But in any event, providing the seller is located within the UK they'll be bound by UK law which gives you 30 days from purchase to reject goods for a refund. If you agree to their repair or replacement, you cannot exercise the right to reject without giving the trader a reasonable time to repair/replace. However, the 30 day period stops running from the day you accepted the repair/replacement and doesn't start again until the trader supplies the repaired/replacement goods (although if this would result in having less than 7 days left of the 30 day period, then you would have 7 days from receiving the repaired/replacement goods).


    In a nutshell, waiting a few extra days shouldn't affect your position.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • warriorsq
    warriorsq Posts: 51 Forumite
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    edited 13 September 2017 at 7:36PM
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    Thank you for that Unholyangel. I presume then that by them saying they'll post the bits that I told them was missing means I accepted repair or replacement?
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    Have you contacted the seller via Amazon messages?

    It is unclear if you've actually emailed them or messaged them.

    If you have messaged them and their response isn't satisfactory - let them know - i.e. if the replacement parts haven't arrived you need to tell them. You also need to tell them you would like to return the item as it isn't fit for purpose.

    Wait for their response.

    Ultimately you have A-Z as a guarantee (Amazon will side with you but you shouldn't need to go that far). The seller should rectify or allow a prepaid return. But give them all the info and let them try to rectify.
  • warriorsq
    warriorsq Posts: 51 Forumite
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    Yes I used Amazon messages - "contact seller"option and the "Goods received damaged/broken"as the reason for contacting them. I'll see if the parts have arrived when I get home from work tomorrow and contact them if not. I'm happy to let them rectify but was worried about getting stuck with deadlines for my rights to reject passing as been nearly been 2 weeks. Thank you for your help
  • warriorsq
    warriorsq Posts: 51 Forumite
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    UPDATE:

    No replacement parts arrived by the weekend and so I asked the seller for a refund through Amazon messages and he replied that I should pay to send the item back and he'd decide what to do. I then decided to ask Amazon themselves as I didn't see why I should arrange returning it and opened an A-Z claim and asked them to look into why I should pay return postage.

    Received an email from Amazon A-Z this morning saying seller has agreed that if I send the trolley back he'll decide if to replace or refund and I should send it back fully traceable and pay for insurance or I'm liable for loss.

    Emailed Amazon A-Z again asking why I was liable to sort out sending a large shopping trolley back that had been delivered broken.

    Just received an email response from A-Z saying that if I don't send Amazon a scan of of certificate of postage within 3 days they'll provisionally close the claim.

    Is it right that it's my responsibility to sort out sending it back with insurance so the seller can then decide if to refund/replace on something that was delivered broken as I say?
  • KeithP
    KeithP Posts: 37,655 Forumite
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    warriorsq wrote: »
    Is it right that it's my responsibility to sort out sending it back with insurance so the seller can then decide if to refund/replace on something that was delivered broken as I say?

    One of you needs to trust the other, don't they?

    Consider if the seller sent you a prepaid label for the return and received back the item in perfect condition, then he has trusted you and lost out.

    Send it back tracked and insured at your cost and insist the seller refunds that cost upon receipt of the goods. They are actually allowed fourteen day after receiving proof that the goods have been returned to process the refund.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    If a seller has agreed a return (regardless of who pays returns postage), then the A-Z will close in the seller's favour unless you do as requested.

    Use a cheap carrier such as Hermes or a reseller like Parcel2go and retain the receipt you are given by them when you drop the parcel off. Scan that into Amazon and attach it to your A-Z.
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