Sad to say, but it's all in Amazons T&C's which you agree to with private sellings. The world is a stupid place hey.
SteveMy buyer won't return the item for which they submitted a claim--what do I do?
Buyers are expected to work with you to make return arrangements for merchandise before filing a claim. If the buyer has received an item that is materially different and have not received a response from you with return instructions, he or she may file a Guarantee claim for the purchase. Once a buyer has been reimbursed for an order via the A-to-z Guarantee, Amazon.co.uk does not obligate that buyer to return the item they received. However, we request that buyers work with sellers to return items that were deemed "materially different" and you are welcome to contact your customer directly to arrange for a return of the item
The problem you've got here is the T&Cs at Amazon cover this issue. What you've ended up with is a breach of contract, which you'll only get the courts to resolve. Amazon won't care. They're too big.
So, pursue it in court, putting your point forward that the item wasn't materially different, that the buyer didn't contact you, and that they are now refusing to return the item.
Just because there are T&Cs in place it does not make the situation right, nor does it mean the T&Cs are fair or even legal. Will be interesting to see if anything more comes of it.
Terms and conditions are legally binding if you use them to buy or sell. If you can conclusively prove there has been no contact from the buyer then you stand ax better chance of winning.
Amazon.co.uk not obligating a buyer to do something is one thing, however whetehr legally they are entitled to is entirely a different one. If you buy anything from a shop with cash, you don't have to read Terms and Conditions, the simple case is that if the item is not as described then you can return it. This includes second had items and not just new ones. The law sates that you can only expect a refund if you return the item in the same condition it was given to you.
Please take this to court, lets face it, its just Amazon can't be bothered to make people return items, nothing else.
My mums friend is a solicitor and I sent her copies of whats gone on. She rang me about 1/2 hour ago in histerics as she couldn't believe what Amazon have done. She said that if she's got some time this week then she will try and find some info on cases against Amazon to help me get things together!
A very similar thing has happened to me this week and I have lost £70 over it. Please can you let me know if you were able to do anything about it and what was you went about doing that? I am considering small claims court and Trading Standards, but I am not sure if I will get anywhere.
Hold on. I just returned something to amazon trade, and I won't get the money back until I have returned the item...
I hate to say it, but if this is the case Im giving up work and gonna make aliving buying and "returning" items on Amazon...
I know. My buyer bought a DS from me knowing from the listing that there was not a charger with it. They filed an A to Z claim that it was defective because after the battery died it wouldn't work unless it was charged and it didn't have a charger, so it was defective. Within two days, I have had my account debited by £70, they get to keep the DS. (They only need to buy a charger for £5). They can return it if they want to, but why would they? I have had my Amazon account frozen and so I can't get to the rest of MY money in there. Amazon say tough and now they have said case closed and they won't discuss it anymore. I was honest on the listing about it not having a charger, but that doesn't matter. I asked the buyer if he would return it and get a full refund and I would even pay his postage, but he just ignored my messages.
I have looked through the listings on DS's today and half of them have notes that something isn't there, such as stylus, charger, manual. I just hope those sellers get genuine buyers and not someone who is playing the system. If I wanted, I could buy one of them and do the same thing to get my money back, but no I am too honest for that. Amazon does not support the seller, but the buyer even if they are committing fraud.
I have no idea what to do. I am so upset over all of this. I'm honest and it just isn't right.
Sounds like organised theft to me.
If this were me I'd be getting Parliamentarians involved. Sometimes just the fact they are aware of the case and you can in this case point out to Amazon that they are looking at it helps. Mind having said that the last few things I have pushed toward 'elected representatives' have been answered from behind the shroud of protocols which to me is just frustrating. To me you write to someone about something like this and they give a straight answer not pass it to someone else because protocol dictates they do so! In this case though you never know but possibly your MP has had a raft of other similar complaints landing in their in tray and just maybe they can do something about it. It certainly seems wrong to me that your buyer has kept the goods and not had to pay anything for them just on the strength of colour perception.
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