Received incorrect ipod touch from seller

I ordered a 4th generation ipod touch from amazon using one of their sellers.They sent me a 3rd generation one and they will not send me the one i ordered.
They say it was an error by the packer but i find this a poor excuse.
I have had no response from amazon,is there a legal requirement i can state to get what i ordered rather than the seller just saying he will send a refund when i return the item?


Return it. Report to Amazon get your refund when you send the goods back but get seller to absorb the cost of returning it via special delivery. About £5.76 with compo upto £500 included in price -- I think
Edited by: "dontasciime" 22nd Oct 2010

point out that you have a contract with him to supply a 4th gen iPod for however much. tell him that if he doesn't fulfil the contract you will return it at his expense and your remedy is to go into the market place and get what you asked for and hold him liable for any additional cost, including the cost of any legal action necessary.

Raise an A to Z claim then Amazon will run their complaint process…571

If the seller has the original item that you wanted in stock they should exchange it but if they don't well there is not alot you can do other than ask to refunded in full inc return carriage costs. Amazon A to Z will make it a smooth process, as some marketplace sellers, ie sole traders / individuals, can be a little funny.

Also the 'loss of bargain' rule, as some_bloke is describing, won't work never does with Amazon or many other retailers. Any legal threats will be empty and most retailers / sellers expect it.

Edited by: "simplyjimbo" 22nd Oct 2010
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