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Refund dispute with Amazon Marketplace seller
AnnoyedOxfordFemale
Posts: 1 Newbie
I recently bought a book from a Marketplace seller on Amazon, which I hadn't realised wasn't in English. I contacted the seller and requested a refund, which was granted obligingly... However the seller said they would only refund the item, not the original postage costs.
Now, the consumer contracts regulations state that as a distance selling consumer I am entitled to return an item within 14 days of receipt for a full refund including postage, regardless of the reason. I have tried to argue this with the seller but they are not budging. I have just had a long phone call with Amazon who keep telling me that they cannot make the seller refund the postage because it is not their fault I want to return the book. My argument is that the reason for the return is academic and that my rights stand regardless.
Amazon's own marketplace return policy states "Where you're cancelling your purchase within the first 14 days from the day you receive, or a third party indicated by you (other than the carrier), receives the last goods ordered by you (if delivered separately), and there's been no error on the Seller's part, the Seller will refund the cost of the item and the cost of sending the item to you" - I quoted this to Amazon on the phone but they won't listen.
I am convinced I am right but am struggling to communicate with either the seller or Amazon. Any advice? Thanks
Now, the consumer contracts regulations state that as a distance selling consumer I am entitled to return an item within 14 days of receipt for a full refund including postage, regardless of the reason. I have tried to argue this with the seller but they are not budging. I have just had a long phone call with Amazon who keep telling me that they cannot make the seller refund the postage because it is not their fault I want to return the book. My argument is that the reason for the return is academic and that my rights stand regardless.
Amazon's own marketplace return policy states "Where you're cancelling your purchase within the first 14 days from the day you receive, or a third party indicated by you (other than the carrier), receives the last goods ordered by you (if delivered separately), and there's been no error on the Seller's part, the Seller will refund the cost of the item and the cost of sending the item to you" - I quoted this to Amazon on the phone but they won't listen.
I am convinced I am right but am struggling to communicate with either the seller or Amazon. Any advice? Thanks
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Comments
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Are you paying to return it, or is it a freepost return?
They have to refund the outgoing postage you paid, but as long as they supplied you correctly with your cancellation rights, then you are liable for the return costs. Some retailers don't refund the original postage cost but allow a free way of returning the item. I suppose the theory is if the item is returned the same way it was sent, the cost should be equal.0 -
Amazon won't get involved in a postage dispute so you are up against the 3rd party seller. If they wont budge then there is not a lot you can do other that take civil action against them.
On the other hand is it fair that a seller pays for your mistake, legal or not?0 -
Assuming you didn't buy from a private seller, your legal rights extend to the minimum applicable costs of delivery. If you opted for express delivery as an extra, you can't get this refunded. If you have no choice but to pay something for delivery, this is what is owed.
The seller is likely a small outfit, justifiably annoyed by your time wasting and being difficult with an 'I know my rights' type. They may be in the wrong under the law, but the law used to burn witches for no real reason
Ultimately how long will you argue for a few pounds worth of entitlement?This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
The op is fully justified in wanting the full refund they are entitled to. That is neither time wasting nor witch hunting. If the seller is annoyed by this then they need to stick to bricks-and-mortar shops (where they can refuse all change-of-mind returns) and stop using a business model where they are either ignorant of their legal obligations or simply refuse to follow.
However, just to be certain. OP, was the book the only thing you bought from that seller in this transaction? If you bought multiple things and are only returning some of them then the seller does not have to refund the postage.0 -
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To be 100% clear on postage:
Under revised DSR (13th June 2014) the seller must pay for the original cost of sending the item. They are NOT obliged to refund the return postage. The seller should indicate in their T's & C's who pays for return postage and under what conditions.
Incidentally if you purchase on Amazon and wish to return, depending upon the reason you select you may be charged for the return.0 -
andycris3107 wrote: »To be 100% clear on postage:
Under revised DSR (13th June 2014) the seller must pay for the original cost of sending the item. They are NOT obliged to refund the return postage. The seller should indicate in their T's & C's who pays for return postage and under what conditions.
Incidentally if you purchase on Amazon and wish to return, depending upon the reason you select you may be charged for the return.
'Revised DSR' ? Or do you mean the CCR which has superceded the DSR ?0 -
Correct - CCR (still often referred to incorrectly as DSR).
Just one other note, if the seller hasn't outline their policy on return costs within their T'S & C's then they are liable for these.
Amazon will almost always wash their hands of any marketplace related policy issues when contacted by a customer.
The only time they will take note is when a seller contravenes the Amazon seller agreement which stipulate that the seller must offer at leat the same return policy as Amazon does.0 -
Money-Saving-King wrote: »Oh yeah, we all forgot consumer rights means rip people off legally if you can.
Sorry, I must have missed the part where the OP said they only ordered the item to cost the seller money. After all, that is what your comment infers isn't it?
As said above, if the seller doesn't want to/can't fulfill their legal obligations, then they should stick with a physical store and not sell online.
If you feel that strongly about the law, maybe you should be spennding your time lobbying your local MP and the like to get it changed.0
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