I would go down the "partial refund route" and ask for the price of a 6gb/sec sata card. The spec says "Up to 6gb/sec" I would expect them to hide behind that. It may well be worth the £30 or so it would cost them to have the matter settled, but as it was 6 months ago, I wouldn't bank on it

Technically there's a whole raft of stuff they have to tell you about before the 7 working days starts to count down; if they have missed something (right to cancel, geographical address etc) or haven't provided you the correct details (including their terms and conditions) in a durable medium (ie.print or email (something you can keep), not the web site you ordered from). If they've missed something you could have an extra 3 months (Reg 11), have a look at regulations 7 and 8 to see what they should have supplied...http://www.legislation.gov.uk/uksi/2000/2334/contents/made

http://corporate.visa.com/_media/visa-international-operating-regulations.pdf

Hi All, I had real problems finding these, so I thought I'd post them here for the benefit of all... (link removed until I have 10 posts)

I would think Amazon specifically design their billing system around making charging easy and automatic, refunds and service cancelations manual, hard and offshore to india (or mongolia), but then i'm a cynic. Do Amazon need to give you a goodwill payment to make you come back? Personally I've just had a bad experience with Amazon and will still be a customer, although I will only use a credit card in future.

For it to be fraud, you'd have to prove intent. Sorry, Dan.

I'm in a situation with Amazon whereby they (or the seller) won't give me the sellers geographical address (as required by the DSR), I'm sure this constitutes an unfair contract term, however it's got me thinking about Amazon's position on Marketplace. Amazon may claim that it is only an agent, but I think that is pretty weak, the usual situation between an agent and their client is that an agent takes a cut after the contract has been performed. In Amazon's situation, the consumer has no choice but to pay them (in the same way as if you are buying directly from them). Does this constitute a sale of future goods as per the sale of goods act? In which case "a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods" which makes Amazon liable for the conclusion of the contract I'd love to hear your views on the subject and I'd like to see Amazon taking marketplace seriously

The seller always has to refund the delivery postage its part of doing business. Returns postage is dependant on if they have stated in the terms and conditions that they supplied in a durable medium (many sellers have this on their web site which doesn't count), even if they do this is overridden if you have a valid reason to reject the goods (SOGA for example). I don't know where "The only exception is if the seller misses the time frame that they should've delivered the goods. In that instance postage should be refunded." is from, could you direct me?

Distance selling regs and soga are not mutually exclusive!! SOGA gave him a reason to reject the goods, DSR gave the performance criteria DSR reg 14 (6) Paragraph (5) shall not apply where— (a)the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment

paypal took the fraudulent payment, they say they have fraud protection and transaction screening as should the bank that issued the card. By making the payment, they have effectively verified it as authentic, its what they do

The distance selling regulations form part of the contract, if a seller is not willing to give you your unconditional refund. then who's to say what other stuff they will get up to? restocking fee's etc. These sellers are in business to take a share of a £44 billion pound market, sometimes they have to take a hit. Consumers are protected specifically so they can go to work and make money to spend on other stuff rather than spending time making small claims in court

legally they cannot withhold a refund for any reason (they can deduct the direct cost of recovery only) and they must provide it within 30 days. They may have a right to claim a breech of statutory duty against you, but I wouldn't expect a box and tissue paper to break the bank

Hi Nigel, interested to read your post, I am in a similar situation at the moment, and I'm having to go the chargeback route as neither Amazon or the supplier will give me the suppliers address. I find it interesting that although Amazon claim to not be the seller, the only option available is to pay amazon in exactly the same way as you do when Amazon is the seller. This must infer some kind of contractual obligation from Amazon whether it is as a service or indeed that Amazon is infact the supplier and effectively sub contracts out to their marketplace members. Anyway, how did you get on?