amazon not complying with 14 day statutory right to return
Discussion
I wanted to return a recently purchased item to amazon, (a mic), but when I went to the usual places in my orders and click to return or exchange the item, it said "This item isn’t eligible for a return" with a yellow exclamation triangle. So I couldn't do anything there was no method to go forwards. So eventually I hunt down the chatbot and eventually got a refund via the bot.
Is there any body I can complain to, as I think it's wrong? I know it will be pointless but seems odd. I even linked them to their own poxy policy.
(long convo with bot delete cos boring! apologies!)
Is there any body I can complain to, as I think it's wrong? I know it will be pointless but seems odd. I even linked them to their own poxy policy.
(long convo with bot delete cos boring! apologies!)
Edited by CoolHands on Friday 6th January 22:31
I agree you might all have a point about it is because it is a microphone.
Perhaps it falls under 'not suitable for return due to health protection or hygiene reasons'. However, considering it couldn't be known if the package had even been opened then I don't see how that allows them to exclude it from return in the first instance. So I think their automatic refusal to refund without knowing anything about it can't be ok?
(3) The rights conferred by this Part cease to be available in the following circumstances—
(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
I think this is the legislation (might be wrong though!)
https://www.legislation.gov.uk/uksi/2013/3134/made
Perhaps it falls under 'not suitable for return due to health protection or hygiene reasons'. However, considering it couldn't be known if the package had even been opened then I don't see how that allows them to exclude it from return in the first instance. So I think their automatic refusal to refund without knowing anything about it can't be ok?
(3) The rights conferred by this Part cease to be available in the following circumstances—
(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
I think this is the legislation (might be wrong though!)
https://www.legislation.gov.uk/uksi/2013/3134/made
Edited by CoolHands on Saturday 7th January 00:52
https://www.gov.uk/accepting-returns-and-giving-re...
Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
TDowney2394 said:
I've had it a few times where I've gone to return stuff on Amazon, been paid my refund and they've said you don't need to send it back. Granted it wasn't expensive whatever it was.
I’ve had it with NEXT online a few times. I ordered 4 chairs for about £1200. One was squeaky so I said I wanted it swapped, they said the whole lot would have to be swapped. They sent me another 4 chairs and would never arrange to pick the others up.They did it with something else for a similar amount another time but I can’t remember what it was.
Been buying off Amazon since it were a book shop and generally a fan of them, prime, tv, music unlimited etc.
But we were scammed by them before Xmas, not a sophisticated one at all, but basically lost all our money so far. It was an iPad for my son, lower end price, thankfully, but via the Apple store on Amazon, fulfilled by Amazon, not a marketplace.
Figured it was safe enough, email a password for delivery. It was due one day, as was a second parcel with coffee. Doorbell went, got to door, coffee on doorstep, driver gone in seconds, no other package. Email few mins later, sorry you were not in to take in iPad, will deliver again.
Fair enough, he needed a password, didn’t wait 30 secs, I get it.
Next day, beaten up car comes into drive. Amazon delivery. Needs pass code, I give it, hands me iPad shapped Amazon box, off he goes. It felt heavy, so I open it on the drive, and there’s no iPad! Just some Chinese crap, bamboo box with some glass beads in it and an ice cube tray,
Amazon guy still there, so I call him. Oh, is it not the correct address. Yes, label is correct, just contents duff!
Sorry mate, you have to tell customer services.
So I go through site, get option for them to call me.
Explain ir all, oh yes, don’t worry, I will arrange for a replacement, please hold sir…….10 mins later, oh we cannot do that, but if you retun the items will do instant refund, please hold sir…….oh we cannot do that either, yiu need to send goods back and once we check them will refund! So I say, well, you can check them all you like, but it’s deffo not an iPad!
So they send email saying here is your label. No link, no label. Next day courier turns up, UPS to collect. Hand over box, ask for a receipt, no receipt possible. Ok I say, where is it going. Sorry cannot tell you!
So I could only get some pics and a vid of the ups guy collecting it, that was it.
We’ll long story short, still no iPad, no refund, just promises but no money back. And of course I’ve even lost the bamboo box of beads and ice cube tray. Over 400 quid down the drain and no evidence if anything now, just a few photos.
The loss of the ice tray is an extra pisser as I suspect same goods will be used for the next scam.
But we were scammed by them before Xmas, not a sophisticated one at all, but basically lost all our money so far. It was an iPad for my son, lower end price, thankfully, but via the Apple store on Amazon, fulfilled by Amazon, not a marketplace.
Figured it was safe enough, email a password for delivery. It was due one day, as was a second parcel with coffee. Doorbell went, got to door, coffee on doorstep, driver gone in seconds, no other package. Email few mins later, sorry you were not in to take in iPad, will deliver again.
Fair enough, he needed a password, didn’t wait 30 secs, I get it.
Next day, beaten up car comes into drive. Amazon delivery. Needs pass code, I give it, hands me iPad shapped Amazon box, off he goes. It felt heavy, so I open it on the drive, and there’s no iPad! Just some Chinese crap, bamboo box with some glass beads in it and an ice cube tray,
Amazon guy still there, so I call him. Oh, is it not the correct address. Yes, label is correct, just contents duff!
Sorry mate, you have to tell customer services.
So I go through site, get option for them to call me.
Explain ir all, oh yes, don’t worry, I will arrange for a replacement, please hold sir…….10 mins later, oh we cannot do that, but if you retun the items will do instant refund, please hold sir…….oh we cannot do that either, yiu need to send goods back and once we check them will refund! So I say, well, you can check them all you like, but it’s deffo not an iPad!
So they send email saying here is your label. No link, no label. Next day courier turns up, UPS to collect. Hand over box, ask for a receipt, no receipt possible. Ok I say, where is it going. Sorry cannot tell you!
So I could only get some pics and a vid of the ups guy collecting it, that was it.
We’ll long story short, still no iPad, no refund, just promises but no money back. And of course I’ve even lost the bamboo box of beads and ice cube tray. Over 400 quid down the drain and no evidence if anything now, just a few photos.
The loss of the ice tray is an extra pisser as I suspect same goods will be used for the next scam.
Rough101 said:
https://www.gov.uk/accepting-returns-and-giving-re...
Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
Scroll down to mail order. It's the distance selling act.Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
You don't need any reason at all. You can return within 14 days as long as the item is unused and in its original packaging. The seller is liable for the return shipping unless they specify otherwise in their terms. I am a mail order seller.
Griffith4ever said:
Rough101 said:
https://www.gov.uk/accepting-returns-and-giving-re...
Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
Scroll down to mail order. It's the distance selling act.Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
You don't need any reason at all. You can return within 14 days as long as the item is unused and in its original packaging. The seller is liable for the return shipping unless they specify otherwise in their terms. I am a mail order seller.
GasEngineer said:
Griffith4ever said:
Rough101 said:
https://www.gov.uk/accepting-returns-and-giving-re...
Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
Scroll down to mail order. It's the distance selling act.Statutory rights only kick in if there is a problem with the product as described, not just if you no longer want it or don’t like it.
You don't need any reason at all. You can return within 14 days as long as the item is unused and in its original packaging. The seller is liable for the return shipping unless they specify otherwise in their terms. I am a mail order seller.
Op, don't tell them you used it next time :-)
Steady on lads
Firstly a lot of retailers used to say the same with mattresses but there is EU law to say a used mattress can be returned 9by used I mean a quick try out).
Secondly, I don't think OP said he has opened any hygiene seal.... although he possibly had, that isn't necessarily fatal to his rights
As noted, the legislation gives a right to return within 14 days of delivery but one of the exemptions is if the seal is broken and hygiene reasons are relevant.
You can report to Trading Standards via Citizens Advice consumer helpline
Firstly a lot of retailers used to say the same with mattresses but there is EU law to say a used mattress can be returned 9by used I mean a quick try out).
Secondly, I don't think OP said he has opened any hygiene seal.... although he possibly had, that isn't necessarily fatal to his rights
As noted, the legislation gives a right to return within 14 days of delivery but one of the exemptions is if the seal is broken and hygiene reasons are relevant.
You can report to Trading Standards via Citizens Advice consumer helpline
poo at Paul's said:
Been buying off Amazon since it were a book shop and generally a fan of them, prime, tv, music unlimited etc.
But we were scammed by them before Xmas, not a sophisticated one at all, but basically lost all our money so far. It was an iPad for my son, lower end price, thankfully, but via the Apple store on Amazon, fulfilled by Amazon, not a marketplace.
Figured it was safe enough, email a password for delivery. It was due one day, as was a second parcel with coffee. Doorbell went, got to door, coffee on doorstep, driver gone in seconds, no other package. Email few mins later, sorry you were not in to take in iPad, will deliver again.
Fair enough, he needed a password, didn’t wait 30 secs, I get it.
Next day, beaten up car comes into drive. Amazon delivery. Needs pass code, I give it, hands me iPad shapped Amazon box, off he goes. It felt heavy, so I open it on the drive, and there’s no iPad! Just some Chinese crap, bamboo box with some glass beads in it and an ice cube tray,
Amazon guy still there, so I call him. Oh, is it not the correct address. Yes, label is correct, just contents duff!
Sorry mate, you have to tell customer services.
So I go through site, get option for them to call me.
Explain ir all, oh yes, don’t worry, I will arrange for a replacement, please hold sir…….10 mins later, oh we cannot do that, but if you retun the items will do instant refund, please hold sir…….oh we cannot do that either, yiu need to send goods back and once we check them will refund! So I say, well, you can check them all you like, but it’s deffo not an iPad!
So they send email saying here is your label. No link, no label. Next day courier turns up, UPS to collect. Hand over box, ask for a receipt, no receipt possible. Ok I say, where is it going. Sorry cannot tell you!
So I could only get some pics and a vid of the ups guy collecting it, that was it.
We’ll long story short, still no iPad, no refund, just promises but no money back. And of course I’ve even lost the bamboo box of beads and ice cube tray. Over 400 quid down the drain and no evidence if anything now, just a few photos.
The loss of the ice tray is an extra pisser as I suspect same goods will be used for the next scam.
I had 2 Samsung Galaxy S22's "delivered" from Amazon. Inside were 2 bottles Nivea cream.But we were scammed by them before Xmas, not a sophisticated one at all, but basically lost all our money so far. It was an iPad for my son, lower end price, thankfully, but via the Apple store on Amazon, fulfilled by Amazon, not a marketplace.
Figured it was safe enough, email a password for delivery. It was due one day, as was a second parcel with coffee. Doorbell went, got to door, coffee on doorstep, driver gone in seconds, no other package. Email few mins later, sorry you were not in to take in iPad, will deliver again.
Fair enough, he needed a password, didn’t wait 30 secs, I get it.
Next day, beaten up car comes into drive. Amazon delivery. Needs pass code, I give it, hands me iPad shapped Amazon box, off he goes. It felt heavy, so I open it on the drive, and there’s no iPad! Just some Chinese crap, bamboo box with some glass beads in it and an ice cube tray,
Amazon guy still there, so I call him. Oh, is it not the correct address. Yes, label is correct, just contents duff!
Sorry mate, you have to tell customer services.
So I go through site, get option for them to call me.
Explain ir all, oh yes, don’t worry, I will arrange for a replacement, please hold sir…….10 mins later, oh we cannot do that, but if you retun the items will do instant refund, please hold sir…….oh we cannot do that either, yiu need to send goods back and once we check them will refund! So I say, well, you can check them all you like, but it’s deffo not an iPad!
So they send email saying here is your label. No link, no label. Next day courier turns up, UPS to collect. Hand over box, ask for a receipt, no receipt possible. Ok I say, where is it going. Sorry cannot tell you!
So I could only get some pics and a vid of the ups guy collecting it, that was it.
We’ll long story short, still no iPad, no refund, just promises but no money back. And of course I’ve even lost the bamboo box of beads and ice cube tray. Over 400 quid down the drain and no evidence if anything now, just a few photos.
The loss of the ice tray is an extra pisser as I suspect same goods will be used for the next scam.
Immediately contacted Amazon CS, who said no problems just return them. Asked whether they wanted photos to prove what was in the boxes? No, we trust our customers....much to-ing and fro-ing and 6 calls over 4 weeks each telling me the same story, they eventually asked me for photos... luckily I had them and got the £1200 refunded.
poo at Paul's said:
Been buying off Amazon since it were a book shop and generally a fan of them, prime, tv, music unlimited etc.
But we were scammed by them before Xmas, not a sophisticated one at all, but basically lost all our money so far. It was an iPad for my son, lower end price, thankfully, but via the Apple store on Amazon, fulfilled by Amazon, not a marketplace.
Figured it was safe enough, email a password for delivery. It was due one day, as was a second parcel with coffee. Doorbell went, got to door, coffee on doorstep, driver gone in seconds, no other package. Email few mins later, sorry you were not in to take in iPad, will deliver again.
Fair enough, he needed a password, didn’t wait 30 secs, I get it.
Next day, beaten up car comes into drive. Amazon delivery. Needs pass code, I give it, hands me iPad shapped Amazon box, off he goes. It felt heavy, so I open it on the drive, and there’s no iPad! Just some Chinese crap, bamboo box with some glass beads in it and an ice cube tray,
Amazon guy still there, so I call him. Oh, is it not the correct address. Yes, label is correct, just contents duff!
Sorry mate, you have to tell customer services.
So I go through site, get option for them to call me.
Explain ir all, oh yes, don’t worry, I will arrange for a replacement, please hold sir…….10 mins later, oh we cannot do that, but if you retun the items will do instant refund, please hold sir…….oh we cannot do that either, yiu need to send goods back and once we check them will refund! So I say, well, you can check them all you like, but it’s deffo not an iPad!
So they send email saying here is your label. No link, no label. Next day courier turns up, UPS to collect. Hand over box, ask for a receipt, no receipt possible. Ok I say, where is it going. Sorry cannot tell you!
So I could only get some pics and a vid of the ups guy collecting it, that was it.
We’ll long story short, still no iPad, no refund, just promises but no money back. And of course I’ve even lost the bamboo box of beads and ice cube tray. Over 400 quid down the drain and no evidence if anything now, just a few photos.
The loss of the ice tray is an extra pisser as I suspect same goods will be used for the next scam.
So you spent over £400 but didn't use a credit card?But we were scammed by them before Xmas, not a sophisticated one at all, but basically lost all our money so far. It was an iPad for my son, lower end price, thankfully, but via the Apple store on Amazon, fulfilled by Amazon, not a marketplace.
Figured it was safe enough, email a password for delivery. It was due one day, as was a second parcel with coffee. Doorbell went, got to door, coffee on doorstep, driver gone in seconds, no other package. Email few mins later, sorry you were not in to take in iPad, will deliver again.
Fair enough, he needed a password, didn’t wait 30 secs, I get it.
Next day, beaten up car comes into drive. Amazon delivery. Needs pass code, I give it, hands me iPad shapped Amazon box, off he goes. It felt heavy, so I open it on the drive, and there’s no iPad! Just some Chinese crap, bamboo box with some glass beads in it and an ice cube tray,
Amazon guy still there, so I call him. Oh, is it not the correct address. Yes, label is correct, just contents duff!
Sorry mate, you have to tell customer services.
So I go through site, get option for them to call me.
Explain ir all, oh yes, don’t worry, I will arrange for a replacement, please hold sir…….10 mins later, oh we cannot do that, but if you retun the items will do instant refund, please hold sir…….oh we cannot do that either, yiu need to send goods back and once we check them will refund! So I say, well, you can check them all you like, but it’s deffo not an iPad!
So they send email saying here is your label. No link, no label. Next day courier turns up, UPS to collect. Hand over box, ask for a receipt, no receipt possible. Ok I say, where is it going. Sorry cannot tell you!
So I could only get some pics and a vid of the ups guy collecting it, that was it.
We’ll long story short, still no iPad, no refund, just promises but no money back. And of course I’ve even lost the bamboo box of beads and ice cube tray. Over 400 quid down the drain and no evidence if anything now, just a few photos.
The loss of the ice tray is an extra pisser as I suspect same goods will be used for the next scam.
To be fair we are mostly very trusting of Amazon because of what we thought was their good returns policy.
Re my case - I accept I didn’t know a mic perhaps can’t be returned for hygiene reasons, but 3 things:
Re my case - I accept I didn’t know a mic perhaps can’t be returned for hygiene reasons, but 3 things:
- 1) I didn’t even have the option of refund if it was damaged / not working (which would be covered regardless of hygiene) and
- 2) they didn’t ask if it had been opened, the bot kept asking what was wrong with it (which I refused to make up some reason as I was sticking to the line of there doesn’t have to be a reason)
- 3) that fact (it’s not refundable) should be made clear upon purchase of the item, which is not.
Edited by CoolHands on Saturday 7th January 10:52
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