Issue with Amazon Customer Service

28
Posted 27th Aug 2020Edited by:"maabus"
Hi all, I have an issue with Amazon customer service. I am a prime customer and bought a fitness item from Amazon Market place about 6 months back for £150 . The item broke down in 3 months and since still in warranty , I had to sent it back to the seller for repair. The seller told that they will not pay the postage, how ever Amazon (many customer service agents, over chat and email) told that I can sent it back and postage can be reimbursed from Amazon (around £35). I followed the process and I finally got a mail from amazon (1st week of August) that they are processing the postage refund and I will get the money into my account in 3-5 days. Being 3 weeks since, and no refund, today I spoke with Amazon customer service (both chat and telephone). Their agents are now saying that it was a wrong process at amazon end, all their service agents got the process wrong but they cannot refund me the postage charge. They are not even willing to connect to their manager, nor they have any escalation process. I am in complete darkness now.

Can anyone advice how should I take this forward?

The item was faulty, hence the seller fixed it , but they says its my responsibility to arrange for a delivery back from their factory, how ever amazon says that its the responsibility of the seller to send it back to me. Whom should i believe?

Any thoughts/guidance will be much appreciated. Thanks.
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Did you get a feedback email.
If you click no not happy, it used to give you the option for a call back.
Do it a 9.00am and you got a call from Ireland call centre.
Credit card payment ?.
If so contact them for a full refund.
Edited by: "bigwheels" 27th Aug
bigwheels27/08/2020 21:12

Did you get a feedback email.If you click no not happy, it used to give …Did you get a feedback email.If you click no not happy, it used to give you the option for a call back.Do it a 9.00am and you got a call from Ireland call centre.Credit card payment ?.If so contact them for a full refund.


if it broke within 3 months and needed to send to the seller then it wasnt amazon who sold it. as a result no section 75 is applicable, only chargeback if at all
either wait consumer laws apply, item faulty within warranty period seller covers the postage
mtsk27/08/2020 21:20

if it broke within 3 months and needed to send to the seller then it wasnt …if it broke within 3 months and needed to send to the seller then it wasnt amazon who sold it. as a result no section 75 is applicable, only chargeback if at alleither wait consumer laws apply, item faulty within warranty period seller covers the postage


Sorry was not looking at section 75.
More down the line of they have it and won’t give it back.
So you paid but don’t have the item
mtsk27/08/2020 21:20

...either wait consumer laws apply, item faulty within warranty period …...either wait consumer laws apply, item faulty within warranty period seller covers the postage


Not seen any clairifciation of mandatory requirement for seller to fund legal guaranteee servicing shipping, so until then OP should consider:

seller is not obligated to fund shipping related to legal guarantee servicing.

Amazon made a statement which is assumed you hold on a credible medium (email / screenshot / similar); having followed Amazon's instruction you have now suffered loss due to Amazon failing to follow through with the statement.

Compile a brief (repeat: brief) bullet-pointed LBA requesting Amazon respect its statement.
Although Amazon's liability is questionable, close the LBA by suggesting that whilst Amazon has clearly defined liability it may wish to consider a gesture of goodwill to prevent action being progressed.
Send to Amazon via chat (difficult), or email (unlikely to reach anybody who understands the implication of LBA) making it clear the same LBA will be sent to Amazon registered office.
Wait a day for any positive response, which is highly unlikley.
After a day, print a quaint copy of the LBA and send it to the Amazon reg office at
Amazon EU S.à r.l., UK Branch, 1 Principal Place, Worship Street, London, EC2A 2FA.
Send from a post office via standard 1st class mail; do not use any signed-for method. Request and retain two items from PO: a certificate of posting and postage receipt. Those two items engage Interpretation Act 1978, meaning your LBA is delivered even if it insn't.

Assuming Amazon doesn't bother respond to the LBA: file your claim at MCOL when the LBA expires.
It is reasonable to assume if Amazon does not respond to the LBA it will not respond to MCOL and you will have your claim upheld.
Look forward to obtaining subsequent Warrant of Control or other option when Amazon forgets to pay you (Form EX321 will explain).
bigwheels27/08/2020 21:12

Did you get a feedback email.If you click no not happy, it used to give …Did you get a feedback email.If you click no not happy, it used to give you the option for a call back.Do it a 9.00am and you got a call from Ireland call centre.Credit card payment ?.If so contact them for a full refund.


Yes every communication was either through email or chat. So its in black and white. The payment was using a debit card.
mtsk27/08/2020 21:20

item faulty within warranty period seller covers the postage


Yes, that's the same thing amazon says about product return to customer once repaired. But the seller says otherwise.
maabus27/08/2020 21:57

Yes, that's the same thing amazon says about product return to customer …Yes, that's the same thing amazon says about product return to customer once repaired. But the seller says otherwise.


Nothing to do with amazon, if it's sold by a seller on amazon. You should have contacted them, and asked for a pre-paid label, or collection, or something similar.
bigwheels27/08/2020 21:29

Sorry was not looking at section 75.More down the line of they have it and …Sorry was not looking at section 75.More down the line of they have it and won’t give it back.So you paid but don’t have the item


Yes, that is correct. The item is currently with the seller after repair, waiting to be collected.
arjanvirdi27/08/2020 22:00

Nothing to do with amazon, if it's sold by a seller on amazon. You should …Nothing to do with amazon, if it's sold by a seller on amazon. You should have contacted them, and asked for a pre-paid label, or collection, or something similar.


The seller says its the responsibility of the buyer to arrange for delivery even if its with in warranty period (1 year), but according to Amazon its the sellers responsibility to send the fixed item back to the buyer.
AndyRoyd27/08/2020 21:48

Not seen any clairifciation of mandatory requirement for seller to fund …Not seen any clairifciation of mandatory requirement for seller to fund legal guaranteee servicing shipping, so until then OP should consider: seller is not obligated to fund shipping related to legal guarantee servicing. Amazon made a statement which is assumed you hold on a credible medium (email / screenshot / similar); having followed Amazon's instruction you have now suffered loss due to Amazon failing to follow through with the statement.Compile a brief (repeat: brief) bullet-pointed LBA requesting Amazon respect its statement.Although Amazon's liability is questionable, close the LBA by suggesting that whilst Amazon has clearly defined liability it may wish to consider a gesture of goodwill to prevent action being progressed. Send to Amazon via chat (difficult), or email (unlikely to reach anybody who understands the implication of LBA) making it clear the same LBA will be sent to Amazon registered office.Wait a day for any positive response, which is highly unlikley. After a day, print a quaint copy of the LBA and send it to the Amazon reg office atAmazon EU S.à r.l., UK Branch, 1 Principal Place, Worship Street, London, EC2A 2FA.Send from a post office via standard 1st class mail; do not use any signed-for method. Request and retain two items from PO: a certificate of posting and postage receipt. Those two items engage Interpretation Act 1978, meaning your LBA is delivered even if it insn't.Assuming Amazon doesn't bother respond to the LBA: file your claim at MCOL when the LBA expires. It is reasonable to assume if Amazon does not respond to the LBA it will not respond to MCOL and you will have your claim upheld.Look forward to obtaining subsequent Warrant of Control or other option when Amazon forgets to pay you (Form EX321 will explain).


Thanks Andy for the detailed process. I will need to follow this process I think.
AndyRoyd27/08/2020 21:48

Not seen any clairifciation of mandatory requirement for seller to fund …Not seen any clairifciation of mandatory requirement for seller to fund legal guaranteee servicing shipping, so until then OP should consider: seller is not obligated to fund shipping related to legal guarantee servicing. Amazon made a statement which is assumed you hold on a credible medium (email / screenshot / similar); having followed Amazon's instruction you have now suffered loss due to Amazon failing to follow through with the statement.Compile a brief (repeat: brief) bullet-pointed LBA requesting Amazon respect its statement.Although Amazon's liability is questionable, close the LBA by suggesting that whilst Amazon has clearly defined liability it may wish to consider a gesture of goodwill to prevent action being progressed. Send to Amazon via chat (difficult), or email (unlikely to reach anybody who understands the implication of LBA) making it clear the same LBA will be sent to Amazon registered office.Wait a day for any positive response, which is highly unlikley. After a day, print a quaint copy of the LBA and send it to the Amazon reg office atAmazon EU S.à r.l., UK Branch, 1 Principal Place, Worship Street, London, EC2A 2FA.Send from a post office via standard 1st class mail; do not use any signed-for method. Request and retain two items from PO: a certificate of posting and postage receipt. Those two items engage Interpretation Act 1978, meaning your LBA is delivered even if it insn't.Assuming Amazon doesn't bother respond to the LBA: file your claim at MCOL when the LBA expires. It is reasonable to assume if Amazon does not respond to the LBA it will not respond to MCOL and you will have your claim upheld.Look forward to obtaining subsequent Warrant of Control or other option when Amazon forgets to pay you (Form EX321 will explain).


Well all this jargon you go about.... Meanwhile consumer law 2015 clearly implies faulty goods are sellers responsibility including postage
maabus27/08/2020 22:06

The seller says its the responsibility of the buyer to arrange for …The seller says its the responsibility of the buyer to arrange for delivery even if its with in warranty period (1 year), but according to Amazon its the sellers responsibility to send the fixed item back to the buyer.


Kinda strange: Amazon policy (not consumer legislation) implies it is the seller's responsibility to fund the shipping of the defective item to the seller; yet there is no obvious mention of Amazon stating the seller should fund the post-servicing shipping back to the customer.
amazon.co.uk/gp/…160
However the seller's return policy may include itemisation of warranty shipping cost allocation.
Or do you have a URL to Amazon's alleged requirement for sellers to fund shipping back to customers after warranty servicing?

And let's not forget that Amazon's expectations of its merchants (accepted by each merchant prior to being permitted to use the Amazon platform) are generally beyond mandatory requirements of typical consumer protection legislation.
mtsk27/08/2020 22:39

Well all this jargon you go about.... Meanwhile consumer law 2015 clearly …Well all this jargon you go about.... Meanwhile consumer law 2015 clearly implies faulty goods are sellers responsibility including postage


Would genuinely appreciate the URL to the legislation that defines sellers' obligation to fund defective item send/return shipping, thanks.
Email jeff@amazon.com you will usually get w reply within the day from their top customer service team who should sort it out for you.
Op you claimed on warranty which they are right, the postage should be paid by you unless stated otherwise.
AndyRoyd27/08/2020 22:42

Would genuinely appreciate the URL to the legislation that defines …Would genuinely appreciate the URL to the legislation that defines sellers' obligation to fund defective item send/return shipping, thanks.


Consumer act 2015 right to reject section.
AndyRoyd27/08/2020 22:39

Kinda strange: Amazon policy (not consumer legislation) implies it is the …Kinda strange: Amazon policy (not consumer legislation) implies it is the seller's responsibility to fund the shipping of the defective item to the seller; yet there is no obvious mention of Amazon stating the seller should fund the post-servicing shipping back to the customer. https://www.amazon.co.uk/gp/help/customer/display.html?nodeId=201819160#GUID-38CFD65B-FD12-421A-8C58-15FE46903D05__SECTION_E99D02D4CA7A4F979EFC937C7075895DHowever the seller's return policy may include itemisation of warranty shipping cost allocation.Or do you have a URL to Amazon's alleged requirement for sellers to fund shipping back to customers after warranty servicing?And let's not forget that Amazon's expectations of its merchants (accepted by each merchant prior to being permitted to use the Amazon platform) are generally beyond mandatory requirements of typical consumer protection legislation.


That's what Amazon customer care told me. Sorry I don't have a link to prove.
MR112327/08/2020 23:20

Op you claimed on warranty which they are right, the postage should be …Op you claimed on warranty which they are right, the postage should be paid by you unless stated otherwise.


Shouldn't we do what Amazon customer care guys advice? More over amazon agreed to refund me the postage
mtsk27/08/2020 23:32

Consumer act 2015 right to reject section.


Then why the seller whom I bought from says it's my responsibility. Are they not abiding the law.
maabus27/08/2020 23:42

Then why the seller whom I bought from says it's my responsibility. Are …Then why the seller whom I bought from says it's my responsibility. Are they not abiding the law.


Seller is correct until someone provides credible confirmation that the seller has the mandatory (legal) post-repair shipping cost responsibility, or someone procvides the (non-mandatory) Amazon policy that states a seller using the Amazon platform has the post-repair shipping cost responsibility.
mtsk27/08/2020 23:32

Consumer act 2015 right to reject section.


Not clear how right to reject (S24?) applies when the customer has not exercised right to reject.
AndyRoyd27/08/2020 23:52

Not clear how right to reject (S24?) applies when the customer has not …Not clear how right to reject (S24?) applies when the customer has not exercised right to reject.


item faulty within 6 months, retailer to sort out the issue without a financial loss to the customer
The point is, regardless of the law, Amazon told the op he would get the postage refunded.

They should be accountable for what they stated.

I hate when companies backtrack on written statements. They either lied or made a mistake, either way they messed up.
Third party purchases always add potential risk. Always consider this when purchasing an item. Buy fulfilled by Amazon even if its slightly more expensive if u can't afford to throw it away if an issue arises.
mtsk28/08/2020 07:24

item faulty within 6 months, retailer to sort out the issue without a …item faulty within 6 months, retailer to sort out the issue without a financial loss to the customer


Thanks for the guidance which eventually led to a section unrelated to "right to reject".
If we look at a section likely relevant to OP and titled "Right to repair or replacement", S23 (2) states:
"...If the consumer requires the trader to repair or replace the goods, the trader must —
... (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
.."
legislation.gov.uk/ukp…ted

@maabus : contact the merchant, again request immediate return of the (repaired) item at no cost to you and include the above text and reference. If the merchant still declines to fund the return-to-you postage costs, ask the merchant to identify its exemption to the legislation. If (likely: when) the merchant fails to show exemption or any other credible reason, consider LBA #2 whilst optionally funding the postage yourself if you want your item back sooner rather than later.
brailer28/08/2020 08:43

Third party purchases always add potential risk. Always consider this when …Third party purchases always add potential risk. Always consider this when purchasing an item. Buy fulfilled by Amazon even if its slightly more expensive if u can't afford to throw it away if an issue arises.


Lessons learned.. ,
AndyRoyd28/08/2020 13:22

Thanks for the guidance which eventually led to a section unrelated to …Thanks for the guidance which eventually led to a section unrelated to "right to reject".If we look at a section likely relevant to OP and titled "Right to repair or replacement", S23 (2) states:"...If the consumer requires the trader to repair or replace the goods, the trader must —... (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)..."https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted @maabus : contact the merchant, again request immediate return of the (repaired) item at no cost to you and include the above text and reference. If the merchant still declines to fund the return-to-you postage costs, ask the merchant to identify its exemption to the legislation. If (likely: when) the merchant fails to show exemption or any other credible reason, consider LBA #2 whilst optionally funding the postage yourself if you want your item back sooner rather than later.


Sure. Thank you Andy.
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