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I hope this is the right forum for posting this (apologies if it isn't!), but I am in need of some advice on what to do with a bunch of scammers.
I bought an electronics item from Amazon, which, according to the addie had a specific chip (US maker) in it for enhanced functionality. When I received it, it turned out that it was made by some Chinese company and had nothing whatsoever to do with what was initially advertised. I complained straight away and demanded a full refund, including the cost I am going to incur for sending this useless piece of technology back to the people who sold it to me.
They accepted there was a mistake, but refused to give me a full refund until they receive the item. Now, according to the Distance Selling Regulations, I am not obliged to send this item back to these people until I get a full refund, which includes the cost of sending it back (at least that is my understanding of it by reading various sources).
Another reason for me to be reluctant to send this item back to them is because the address this people gave me as their "business" address is a self-storage (this is a limited company, whose registration address is that same self-storage address - I thought P.O. Box type addresses were not accepted as company registration addresses at Companies House?). Not to mention that the "invoice" I received from them had no company name, no address, no company number - absolutely nothing whatsoever which identifies that company or the people who sold me this item. There was a googlemail address at the bottom of it - nothing else!
I dug my heels in and refused to send this item back until I get a full refund to my credit card. I investigated this company further myself (went to Companies House) and it turns out that it is run by two Pakistanis, and the company itself is less than a year old.
The addresses given for the 2 directors of that company are a bit dodgy (different owners of the property at that address, I am about to check the Electoral Roll to see if these people are registered there), so what I thought initially - to chase these people up with letters and take legal action, if needed - might not work as it would be like chasing a ghost.
I did write to them a while ago (2 weeks before the 30-day limit for getting a refund expired) and sent this letter to their self-storage address via recorded delivery though. The letter was received (and signed for), but I had no reply, unsurprisingly!
Another route I went in the meantime is to go after Amazon as they advertised this item on their web site (albeit via their private "marketplace"), took my order, and, finally, took the money off my credit card when I made the purchase.
Although there is a specific "A-z Safe Buying Guarantee" which entitles me to get my money back, this does not cover the return costs for sending it back, which isn't good enough for me.
When I pressed Amazon to get a full refund (including the costs of sending this item back), I've got the following answer:
6. Amazon's Role
While Amazon helps facilitate transactions that are carried out using the Service, Amazon is neither the buyer nor the seller of the seller's items. Amazon is not an auctioneer, neither is it an intermediary between the buyer and the seller. Amazon provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of this Participation Agreement. Amazon is not the agent of either seller or buyer in their dealings with each other and has no authority to legally bind either of them. Accordingly, the contract formed at the completion of a Fixed Price Sale is solely between buyer and seller. Subject to any assignment under clause B.6.3, the enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. Amazon is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Because Amazon wants you to have a safer buying experience, Amazon provides the Amazon A-z Guarantee in clause C.1 below, but otherwise buyers and sellers use the Site and the Service at their own risk. Subject to the terms of this Participation Agreement, the seller will resolve any subsequent dispute directly with the buyer, or under the Amazon A-z Guarantee described in clause C.1.
This "participation Agreement" is available in full here - http://www.amazon.co.uk/gp/help/cust...nodeId=3216781
So, in other words, Amazon is washing their hands off it and I am getting nowhere with the original seller.
What should I do next - should I write to Amazon, or pursue the matters through the courts with the original seller? Grateful for any help and advice received. Thanks!
I bought an electronics item from Amazon, which, according to the addie had a specific chip (US maker) in it for enhanced functionality. When I received it, it turned out that it was made by some Chinese company and had nothing whatsoever to do with what was initially advertised. I complained straight away and demanded a full refund, including the cost I am going to incur for sending this useless piece of technology back to the people who sold it to me.
They accepted there was a mistake, but refused to give me a full refund until they receive the item. Now, according to the Distance Selling Regulations, I am not obliged to send this item back to these people until I get a full refund, which includes the cost of sending it back (at least that is my understanding of it by reading various sources).
Another reason for me to be reluctant to send this item back to them is because the address this people gave me as their "business" address is a self-storage (this is a limited company, whose registration address is that same self-storage address - I thought P.O. Box type addresses were not accepted as company registration addresses at Companies House?). Not to mention that the "invoice" I received from them had no company name, no address, no company number - absolutely nothing whatsoever which identifies that company or the people who sold me this item. There was a googlemail address at the bottom of it - nothing else!
I dug my heels in and refused to send this item back until I get a full refund to my credit card. I investigated this company further myself (went to Companies House) and it turns out that it is run by two Pakistanis, and the company itself is less than a year old.
The addresses given for the 2 directors of that company are a bit dodgy (different owners of the property at that address, I am about to check the Electoral Roll to see if these people are registered there), so what I thought initially - to chase these people up with letters and take legal action, if needed - might not work as it would be like chasing a ghost.
I did write to them a while ago (2 weeks before the 30-day limit for getting a refund expired) and sent this letter to their self-storage address via recorded delivery though. The letter was received (and signed for), but I had no reply, unsurprisingly!
Another route I went in the meantime is to go after Amazon as they advertised this item on their web site (albeit via their private "marketplace"), took my order, and, finally, took the money off my credit card when I made the purchase.
Although there is a specific "A-z Safe Buying Guarantee" which entitles me to get my money back, this does not cover the return costs for sending it back, which isn't good enough for me.
When I pressed Amazon to get a full refund (including the costs of sending this item back), I've got the following answer:
6. Amazon's Role
While Amazon helps facilitate transactions that are carried out using the Service, Amazon is neither the buyer nor the seller of the seller's items. Amazon is not an auctioneer, neither is it an intermediary between the buyer and the seller. Amazon provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of this Participation Agreement. Amazon is not the agent of either seller or buyer in their dealings with each other and has no authority to legally bind either of them. Accordingly, the contract formed at the completion of a Fixed Price Sale is solely between buyer and seller. Subject to any assignment under clause B.6.3, the enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. Amazon is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Because Amazon wants you to have a safer buying experience, Amazon provides the Amazon A-z Guarantee in clause C.1 below, but otherwise buyers and sellers use the Site and the Service at their own risk. Subject to the terms of this Participation Agreement, the seller will resolve any subsequent dispute directly with the buyer, or under the Amazon A-z Guarantee described in clause C.1.
This "participation Agreement" is available in full here - http://www.amazon.co.uk/gp/help/cust...nodeId=3216781
So, in other words, Amazon is washing their hands off it and I am getting nowhere with the original seller.
What should I do next - should I write to Amazon, or pursue the matters through the courts with the original seller? Grateful for any help and advice received. Thanks!
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