To be angry with this Amazon seller.

[lollilou]

Dh brought a mobile phone for my birthday in October it has stopped working completely.
So I thought no problem the seller will replace/refund. Very slow response to my emails the seller wanted the imei no which I didn't have (dh got rid of the amazon packaging to wrap it). I assumed the emails we had would be proof of purchase. Not according to the seller no number no refund. I have escalated my case to Amazon now and I'm hoping they can help.
But this is part of an email I received today.
its buyer responsibility to follow the instructions,even we sold and selling brand new phones only ,mobile phones gets faulty depends on usage only,,you bought this in october and informing about faulty in january,that means phone is worked fine from started till 3 months,in between whoever used phones is responsible for fault right? we sold brand new phone and you used it from october without any problem and in january you having problems because of usage right? hope you understand sorry for inconvenience that we can't help in this issues
So It's my fault the phone is broken because I used it!

You can quote trading standards all you like, but you can't prove your broken phone is the one the seller sent you as the numbers/paperwork don't match up.

I'm sure you can pick up a handset for a tenner somewhere.

It sounds very fishy, though. Not once in my dealings with seller did they ask me for serial codes or similar to prove I was sending back same item. Either OP's seller has encountered some con artists or has come up with a con themselves to avoid their legal responsibilities. Situation stinks.

This is his reply to the trading standards email from above,
hi ok fine you can carry on my friend yes we agree for everything due to distance selling policy,, we have our terms and conditions,if you purchased means you accepted by terms and conditions right? if you bring our receipt and imei number matches receipt,phone and box then i am more happy to replace it under warranty thanks riaz
I'm getting really upset by this now. Why oh why didn't I go to Argos or somewhere!
What shall I do now?
Oh and my friend!

We had two dodgy tablets from an Amazon Marketplace seller. Amazon were really helpful, they emailed the seller basically instructing them to refund and they did, no problem. Yours sounds like a right bloody chancer, but good luck putting him right.

How rude!

Any joy with Amazon?

I'd crack on with trading standards as well now OP.

I'd also reply to that email-

Dear Riaz,

Your previous email is not clear. Of course you will be fully aware that as a business trading in the UK your terms and conditions are not allowed to breach the law of the land. I assume therefore that you will be replacing the phone. Please send the address for returns within 24 hours.

Regards,

Customer.

Bull shit!

You don't even need a receipt just proof of purchase which you will find on your amazon account.

Doesn't matter what the t and c says, you still protected under soga.

Nothing in his T+C can supersede the Sale of Goods Act 1979; if they did, then his T+C would be illegal.
I would phone Trading Standards to reassure you about the security marks/serial numbers. Phone ASAP. I am pretty sure he would have to prove that the item he put in the box was exactly the security marks he says they are (and he can't actually do that, it's impossible).

I have sympathy that sellers sometimes get conman who swap faulty goods for new good ones; but if you were going to do that you would have done it months ago right after purchase. So the balance of probabilities is to believe you in this situation. I think that's what Trading Standards will say the law takes that view, too.

OP should at least log the phone on HTC site. She doesn't have to send it to them but it is very likely it will ask her to insert an IMEI which if there is anything odd there HTC's site may well identify. If HTC doesn't recognise the warranty as being the correct phone model there is a problem.

I bought a ereader come small tablet off an Amazon marketplace seller. I wasn't thinking it through because you actually pay Amazon.

Within the guarantee period it completely died and the seller didn't want to know despite my persistence.

I did get a brand new replacement in the end, but I had to deal with the overseas manufacturer and send it back to them at my own expense. It was obviously worth it, but was a lot of hassle.

The only moral I have in that is that you shouldn't give up because it's hard going.
Hope you get satisfaction OP. The seller sounds a right tool.

That seller sounds like a total a*hole. I'm never buying from a market seller, that's for sure!

Oh and if I were you I would absolutely not let this go - keep on and on until you get what you are entitled to.

How did you make payment? If credit card can you do a claim via your card issuer.

Thanks for all your supportive replies. I am not going to let this go. £100 is a lot of money for us and it was my birthday present.
Tomorrow I'll go back to Amazon chat as they were helpful yesterday. Then on to Trading Standards.
I've just remembered my daughter had a fault with her phone from Tesco,one phone call to a very nice guy, a stamped jiffy bag sent out and the phone was returned repaired within a week! No more marketplace sellers for me either. Dh paid with his debit card which is connected to his Amazon account.

www.money.co.uk/article/1004510-is-debit-card-protection-the-same-as-for-credit-cards.htm

Check with your card issuer as to their specific process but mine treats a debit card purchase the same as credit cards so request a chargeback via your bank. Good luck

So this continues. Amazon have denied my claim. I'm going to try a chargeback does anyone know how to do this?
I really want the seller to suffer though he just felt so arrogant in his emails to me.

I am actually tempted to contact Amazon with a link to this thread. I stopped using ebay because of scams and poor CS and went to Amazon instead, have literally spent hundreds of pounds in the last 12 months. If they will not support their customers in this sort of situation then I am not prepared to shop with them any more. Would you have any objections OP to me doing that?

Why have Amazon denied the claim?

This is the reason from Amazon,We determined that you are not eligible for an A-to-z Guarantee claim as you
did receive the item you ordered and you did not contact the seller to make
return arrangements for the merchandise within 14 days of receipt. Your
Guarantee claim for order 026-7174766-3640356 has been closed.
But the phone did not break within 14 days!
tiredoutgran I don't mind in the slightest if you forward the thread

It sounds as if it has come from abroad. I have realised that a lot of goods on amazon are shipped from china, some seem too cheap to be true. I also wonder how authentic the goods are. I do wish that you could filter to uk sellers only, as often when you order its not obvious where its coming from. I guess when it says free uk delivery that this is a clue. having said that I have had some lovely jewellery for dirt cheap prices, and I mean really pennies. They take weeks to arrive but have been really nice. down side is two or three orders just have not shown up at all but were refunded. good luck op.

I've said this before but you should investigate the manufacturer's warranty. Phones sold in the EU have a 2 year warranty. I have a suspicion your phone might have been imported by the seller from a non EU market or sold direct from outwith the EU in which case you're snookered but you have nothing to lose in trying.

Caitlin17 is right. I had an HTC phone bought from an Amazon reseller that broke after about 20 months. However, we contacted HTC and sadly it wasn't within warranty as the reseller had bought it from them more than two years ago. But you might be lucky.

Agree with registering the phone with IMEI number with the people who make the phone as if there is anything that doesn't match up/seems dodgy, they'll let you know!

Talk to Trading Standards asap. I've let Amazon sellers fob me off before on small value, but never on something high cost.

If you bought it by credit card, you could ask them to do a chargeback?

Could you name the seller, OP, so we can all avoid them? What is their feedback like?

Can't believe Amazon are not being more helpful to you. For such a large organisation they should take on a lot more responsibility. One thing they do that annoys me is that, unlike Ebay where sellers have to show where they are based (which country), Amazon marketplace do not. And they also allow sellers to call themselves somethingUK to give the impression they are UK-based, when sometimes they are not. Obviously this can lead to problems.