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Distance selling regs - non refundable items

28 replies

ProjectKettle · 02/05/2024 15:16

Does anyone have any knowledge of the distance selling regs when an item is non refundable in a retailers refund policy? I bought a breast pump from Amazon (on my credit card for £239) but changed my mind about the item (i'd actually prefer a different model, which i had already ordered). I didn't realise that i wouldn't be able to return the wrong item. I haven't unsealed the box so it is clear the item cannot have been used as the box has to have a cardboard strip torn off to open.

Amazon have told me they cannot refund the item under their refund policy and offered a £50 gift card as a gesture.

However, i had a recollection that under distance selling regs, i can change my mind within 14days? Maybe i've got that wrong. If i've got to suck up the loss then i will but just wanted to make sure i wasn't being fobbed off my Amazon first!

OP posts:
ProjectKettle · 07/05/2024 13:40

Just thought i'd pop back to this thread to update. I contacted Amazon this morning and quoted the advice on this thread. They have issued me a full refund to my card and advised that as the item is non returnable, i don't even need to return it. Amazing result as that £239 would have been painful to lose whilst i am on mat leave / pay. Thanks to the MN hive mind for great advice! :)

OP posts:
Shiveringinthecountry · 07/05/2024 13:52

Great news, OP :) I've found that Amazon just behaves as though legislation doesn't exist, so it pays to know your rights.

Lyn21 · 10/07/2024 16:56

you absolutely SHOULD be able to get a refund (based on the 'distance selling regulations').
People on this thread who have advised that you cant get a refund are talking about if it were a physical high-street shop.
But this is a different law for ONLINE purchases where you are allowed 14 days to refuse an item, and you dont even need to have any reason to return it. You are allowed to change your mind.
If it were a high-street shop, its completely different and you have to abide by the stores policy. But online you are protected under distance selling regulations.
There are some limitations: ie: if a 'hygiene seal' has been broken; but by the sounds of it, the box is unopened and therefore you are elibible.
Within Amazon (When you try and initiate a refund or to return an item) you would have seen the 'Non-Refundable' stamp. But, if you look below you will see a link to CONTACT the seller.
You must do this first.
Write to the seller to tell your issue and also mention the Distance Selling Regulations, etc.
They have 2 days to respond.
If they fail to reply, or dont satisfy your wishes, then you have a chance to take it up with Amazon, who may refund you with their "A to Z protection policy".
However, (legally) by accepting a £50 voucher from Amazon, you are effectively accepting their settlement; which legally means you cant pursue it further (legally in court, etc).
But, if you feel that Amazon have IGNORED your rights to 'distance selling regulations', then you can definitely get back to Amazon and complain that your rights are being ignored.
Check the LOCATION of the seller to make sure they are in the UK or an EU country which has 'distance selling regulations'

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