Amazon seller refusing refund

MaxwellCat · 2023-06-08T19:13:11+00:00

Not really legal as such but posted elsewhere with no response so wondered if anyone knew my rights? I bought an iPad on Amazon, it said I was eligible for a refund for a year after the purchase, after 4 months the iPad is useless it doesn’t charge and just constantly turns off even when charging (yes I’ve used multiple chargers) I didn’t realise when I bought it it was a 3rd party seller but it still said I was eligible for a refund so I opened a claim and seller accepted and I sent it back, when seller received it they decided they would not refund me and only replace! The original return states they accept my refund request. I called Amazon who said I was entitled to a refund but they would have to open a claim and that it usually takes a week but can take up to a month. It’s been 10 days and nothing until today the seller has sent me a replacement! Despite the fact I’ve clearly had a claim open for a refund and made it clear I didn’t want a replacement. It took me ages to find somewhere to print the return label as I didn’t have access to a printer at home and cost me £8 to send back. What can I do here as I’m really annoyed this was a lot of money and I didn’t want a replacement. The claim is still active so they have gone separately and sent a replacement to me.

prh47bridge · 08/06/2023 22:18

Legally, you are entitled to a repair or replacement. The seller can decide which and has clearly decided on a replacement. If the replacement fails, you are then entitled to a refund. However, the seller may be able to reduce the amount of the refund to take account of the use you have had of the device.

Without knowing who the seller was and seeing what they say on Amazon's website, it is impossible to tell whether your contract with them gives you additional rights beyond those enshrined in law.

Quitelikeit · 08/06/2023 22:21

prh47bridge · 08/06/2023 22:18

Legally, you are entitled to a repair or replacement. The seller can decide which and has clearly decided on a replacement. If the replacement fails, you are then entitled to a refund. However, the seller may be able to reduce the amount of the refund to take account of the use you have had of the device.

Without knowing who the seller was and seeing what they say on Amazon's website, it is impossible to tell whether your contract with them gives you additional rights beyond those enshrined in law.

That is very ambiguous.

The seller explicitly stated a refund within the first year.

So are you saying that he can say what he wants and can simply override that and give a replacement?

Original poster

MaxwellCat · 08/06/2023 22:42

Quitelikeit · 08/06/2023 22:21

That is very ambiguous.

The seller explicitly stated a refund within the first year.

So are you saying that he can say what he wants and can simply override that and give a replacement?

Show quote history

Yep exactly Amazon themselves said I was entitled to my money back under their refund policy 😔 the seller accepted the item back as a refund it was only when I sent it back they said they would only replace the item is covered under an Amazon 1 year guarantee for a replacement or refund you choose which one and I chose refund which the seller accepted initially and has now refused. I have a claim open with Amazon so they shouldn’t have returned it until the claim was completed then if Amazon refused then they send out a replacement but the claim is still being investigated

OP posts:

Invisimamma · 08/06/2023 22:46

Keep going with Amazon they will eventually refund you. I've had to do this with a few smaller value items and Amazon always refund in the end.

DelilahBucket · 08/06/2023 22:52

From a sellers perspective, you cannot refuse a return on Amazon. They had no choice.
Legally, you are entitled to a repair or replacement beyond 30 days after receipt. You received a replacement. You'll be hard pushed to now demand a refund and if it is expensive, don't be surprised if the seller takes you to court if Amazon refund you.

Original poster

MaxwellCat · 08/06/2023 22:54

Again Amazon have said I am covered by their money back guarantee so I could take them to court 🤷‍♀️

OP posts:

highlandspooce · 08/06/2023 22:57

Have you tried Apple?

It doesn't actually matter where you bought the iPad, if it's faulty after 4 months it should be under their own warranty

NextTimeItsOver · 08/06/2023 23:06

Was it a new or refurbished IPad out of interest?

Have you a screenshot of Amazon saying you should get a refund. The screenshot you posted suggests a refund has been requested but doesn't explicitly say it's approved??

Quitelikeit · 08/06/2023 23:24

If a seller promises a refund that should be honoured

I suppose the seller is relying on the same law that ph47 is quoting

however why say refund if it’s not a binding agreement? Businesses surely can’t have the option to change their mind? Never heard of that clause in legislation

prh47bridge · 09/06/2023 00:08

Quitelikeit · 08/06/2023 22:21

That is very ambiguous.

The seller explicitly stated a refund within the first year.

So are you saying that he can say what he wants and can simply override that and give a replacement?

Show quote history

No, I am not saying that. I am saying it depends on who said it was eligible for a refund for up to 12 months, the seller or Amazon, exactly what they said about the circumstances in which a refund was available and whether the statement was contractual.

Yellowdays · 09/06/2023 05:44

Look at the sale of goods act. My dd got a refund through this. Not from Amazon though.

Hihihihihihihihihi · 09/06/2023 06:14

Op you are getting some terrible advice here. Yes consumer rights apply (where a repair, then replacement, then refund, are all remedies and retailers are allowed to offer in that order), but where a retailer makes a separate offering both consumer rights and the separate offering apply (such as a warranty). The only condition is that the retailer offering does not breach your consumer rights, which clearly them offering you a refund does not.

User18540964 · 09/06/2023 06:18

Was it a new one, if so I would try Apple

User18540964 · 09/06/2023 06:22

Why wouldn't you want a replacement, if the iPad had worked you would have still had the iPad, so why don't you want it now.

grass321 · 09/06/2023 06:47

I'm guessing because the OP is concerned the replacement might have the same issue. I don't know whether you'd reset the warranty period for a replacement, I'm guessing not?

prh47bridge · 09/06/2023 07:24

Yellowdays · 09/06/2023 05:44

Look at the sale of goods act. My dd got a refund through this. Not from Amazon though.

The relevant legislation these days is the Consumer Rights Act.

prh47bridge · 09/06/2023 07:25

Hihihihihihihihihi · 09/06/2023 06:14

Op you are getting some terrible advice here. Yes consumer rights apply (where a repair, then replacement, then refund, are all remedies and retailers are allowed to offer in that order), but where a retailer makes a separate offering both consumer rights and the separate offering apply (such as a warranty). The only condition is that the retailer offering does not breach your consumer rights, which clearly them offering you a refund does not.

I don't see anyone saying otherwise. I certainly haven't. I've simply said that I don't know exactly what the seller has said and therefore can't comment on whether they have made a separate offering that binds them contractually.

stingypeasant · 09/06/2023 07:27

prh47bridge · 08/06/2023 22:18

Legally, you are entitled to a repair or replacement. The seller can decide which and has clearly decided on a replacement. If the replacement fails, you are then entitled to a refund. However, the seller may be able to reduce the amount of the refund to take account of the use you have had of the device.

Without knowing who the seller was and seeing what they say on Amazon's website, it is impossible to tell whether your contract with them gives you additional rights beyond those enshrined in law.

Legally if the seller offered a refund policy prior to purchase then they are obliged to refund

stingypeasant · 09/06/2023 07:29

DelilahBucket · 08/06/2023 22:52

From a sellers perspective, you cannot refuse a return on Amazon. They had no choice.
Legally, you are entitled to a repair or replacement beyond 30 days after receipt. You received a replacement. You'll be hard pushed to now demand a refund and if it is expensive, don't be surprised if the seller takes you to court if Amazon refund you.

Legally the buyer is entitled to whatever was offered prior to purchase. The seller offered REFUND within a year.

stingypeasant · 09/06/2023 07:33

@prh47bridge you are missing the part in the OP where they say I bought an iPad on Amazon, it said I was eligible for a refund for a year after the purchase, after 4 months the iPad is useless it doesn’t charge and just constantly turns off

It's fairly clear that the OP is saying the seller offered a REFUND as part of their contract as the OP says the purchaser was eligible for a refund then...after 4 months.... it stopped working. It would be a very strange way of writing the post otherwise

DelilahBucket · 09/06/2023 07:37

stingypeasant · 09/06/2023 07:29

Legally the buyer is entitled to whatever was offered prior to purchase. The seller offered REFUND within a year.

Show quote history

The wording on Amazon is "returns available until x-date" not "refund" so there has probably been some confusion here. The seller has no control over that wording so won't have offered their own individual explanation to allow refunds.

highlandspooce · 09/06/2023 07:42

The 'refund up to a year' may not refer to faulty products which have their own legal protection. I think OP needs to give a bit more information.

prh47bridge · 09/06/2023 07:44

stingypeasant · 09/06/2023 07:33

@prh47bridge you are missing the part in the OP where they say I bought an iPad on Amazon, it said I was eligible for a refund for a year after the purchase, after 4 months the iPad is useless it doesn’t charge and just constantly turns off

It's fairly clear that the OP is saying the seller offered a REFUND as part of their contract as the OP says the purchaser was eligible for a refund then...after 4 months.... it stopped working. It would be a very strange way of writing the post otherwise

No, I didn't miss that. That is why every one of my posts acknowledges the possibility that the seller may have given OP additional rights. My point, again, is that we don't know whether this was being offered by Amazon or the seller, nor do we know exactly what was said and hence the terms of the offer. We only have OP's interpretation of what the website said.

HunterHearstHelmsley · 09/06/2023 07:52

Have you got a screenshot of the returns policy from the seller @MaxwellCat ?

I've only ever seen eligible for return, not refund so I'm curious on the wording.

User18540964 · 09/06/2023 07:59

grass321 · 09/06/2023 06:47

I'm guessing because the OP is concerned the replacement might have the same issue. I don't know whether you'd reset the warranty period for a replacement, I'm guessing not?

I guess it depends if it was new or refurbished, very unlikely with a new one but with refurbished it could be another dodgy one