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About dfs

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  1. Thanks for clarifying the seller options. I guess I'll have to be patient. I am not suggesting the seller must always replace the product, but in this instance a high end audio pair has had a failure of the mechanical element that forms its very existence i.e it cannot be used for the purpose or repaired to a sufficient standard to reflect the factory quality. Once they start fiddling with it they would have to reconnect wiring, parts etc it would never be the same again. As I can possibly imagine they would not re-issue a two year warranty on the "repaired" parts (although I wish would have to). So this is simply where I'm coming from, a repair would never re-instate the product to its factory quality and thus it would make it prone to future failures that will not be covered by the warranty eventually. The seller has been cooperative so far, not great with feedback but last time we spoke they said a replacement was due as soon as the manufacturer dispatches a new pair to them...
  2. I bought a pair of expensive reputable headphones from a high street store that also operate as an online retailer with good reviews. I purchased directly from the physical store as it was easier. In less than a year the headband formed cracks from normal use on the left and right ends. The manner which they appeared flagged a design fault or a material defect. I took pictures of the cracks, eventually one side snapped. The headphones are not usable, so not fit for purpose. I went to the store with the entire box, headphones and purchase receipt and asked for a replacement. The seller invoked 2 year manufacturer warranty and claimed he had to follow the repair/replacement process and send it to the manufacturer. I explained that my approach was merely based on SOGA rights, the product failed and it is not my fault as easily proven hence I wanted a new one. Because he was cooperating I tried not to make a big fuss and went for the warranty which I now regret. He admitted the damage is not repairable and as soon as they check back with the manufacturer they will replace with a new pair to avoid a delay on my end. I believe they should have given me a new pair and deal with the manufacturer on their end. On the other hand if I refused, it may have looked as they tried to provide a solution but I didn't comply with the process. Still I have to be without my headphones for unknown time...they claimed 6-10 days. I have in the meantime spotted information online that suggests there are batches with this problem and I plan to use it. I am not keen on the "repair" element, just want a new pair. I wanted to know if I got things wrong here, 1. would I be within my rights to demand a new pair if not satisfied? 2. shouldn't the seller replace the product? Why retailers persistently disregard the SOGA terms? 3. I have the option to invoke a credit card refund if not happy after all else...
  3. I bought a Philips shaver from Amazon marketplace and the part that connects the motor to the heads presented wear just under two years. This is like a small plastic shaft with pointy ends that transfers motion to the rotary heads. The heads can be removed to be cleaned and over time this appears to have caused wear. There is now a kick and loss of traction when the shaver is placed on the face. I wrote to the seller to explain that due to this I am now receiving inferior performance from the shaver - but I'm now over the 2 year warranty provided by Philips They provided Philips customer services number to ask for a repair. I decided to go with this, just to see how much it would cost, but Philips said because it costs more to repair than to replace they cannot undertake the repair. And since the shaver is out of warranty they gave me a third party spare part seller. I told them I couldn't understand the point "it costs more to repair" for a tiny piece of plastic. I decided to get in touch with the spares seller anyway and apparently they sell the part but it comes with the entire exterior plastic body of the shaver for £47! The shaver cost was around £100+. This is half the cost of the shaver for a piece of plastic. Going back to the first point, this looks like a design issue to me and falls under the "not fit for purpose" to my dictionary. The device was made for shaving and should be durable to wear as the heads need to be removed for cleaning. I feel ripped off as the warranty is out and I am between spending half its price to repair a tiny damage or buying a new one.
  4. Just to say this has been resolved, waitrose replied with a letter and reference number to explain their lengthy quality check process. I still couldn't see the point of waiting for over a month but they offered vouchers to replace the wine. All good
  5. Small case but still frustrating. A few years back I would never have thought that a supermarket like Waitrose can fall so low. I regularly buy wines from the fine range at Waitrose, so a few weeks back I got a bottle of red that I normally drink worth around £25. Two or three weeks later I opened the bottle with some friends and I could tell straight away before purring it into the glass that the wine was off. Everyone had a try and agreed. Very rare but it happened, the bottle had been stored in horizontal position and for goodness sake good wine doesn't cork in three weeks. I sealed the bottle with a vacuum pump and called my local branch the next morning, but when they asked me to take it back I couldn't find the receipt, most likely thrown away long ago. They said bring it over anyway and we'll change it for you. When I went to the store, customer services changed their story and said that due to the bottle being a fine range they had to run it by their head office (???). I was put off pretty quickly by this, but went along with that. They wrote down my details and promised to get back to me asap. Two weeks later I had heard nothing from the branch and as frustrating as that felt, I decided to drop a letter by hand to the branch manager to express some disappointment. A week or so after that and they have just completely ignored me! I thought wtf? This is not the service I used to get from Waitrose, it is (was) supposed to be an above average quality supermarket which I happen to have been using for about ten years with no serious problems. They have a bottle with a barcode, customer details, credit card, waitrose perks card and whatnot to cross check but choose to ignore a customer who spends over £100 a week for a corked bottle of wine.... /vent cap back on/ ....
  6. There has been no update from either party. What are my chances in taking 1. Amazon to small claims court for making false compensation statements? The original conversation is that they asked me to send the item back while they would pay the shipping, they were not able to contact the seller on the details provided. Then I sent the item back and forwarded the receipt. The conversation must have been recorded, although recordings suddenly become "unavailable" when requested for evidence. Then another person calls me "I've contacted the seller who has confirmed that, once checked, they wlll refund the item and the shipping costs in returning the item" also in writing. Both conversations must be recorded. Should Amazon be liable to pay the shipping after all these cock ups or they just invoke a paragraph and are completely absolved? Even worse, Amazon still allows the trader to carry on trading while in violation of UK consumer law and Amazon policy. I don't understand the position of Amazon UK as an intermediate party, what does the consumer law dictate on such cases? 2. The seller to small claims court? Based on my consumer rights and distance sales, the item was not new as described, it was defective and seller accepted the damage. I have the right to return and since it was a distant sale they have to bear the cost. Their marketplace policy page points to Amazon UK Returns&Refunds. Therefore the policy is misleading or simply they are in breach of the policy. Simple? Should I look for any EU or UK arbitration service to submit evidence or simply file a small claims? 3. Going public that Amazon made false promises to a customer purchasing through Marketplace platform and they fell below expectations....Then Amazon UK sues me.
  7. I did a negative review on marketplace for them, I will check if they are on other media. The response from Amazon Executive Customer Relations is totally unacceptable, they are just washing their hands off especially when Amazon staff ring the customer making false promises. Such calls are supposed to be supervised and decisions as such are made by a manager. If this happened in my line of work, one of the managers would get fired. What is particularly irritating after all this communication, is that the cost is negligible to Amazon UK while I have spent thousands of pounds with them. This how they do marketing at Amazon UK, and how they treat their long term customers. They will not see a penny from me again.
  8. The credit card will not refund the shipping cost, as the item was refunded they said the matter beyond them.
  9. The item cost was around £60 and the return shipping was £43. The item was bought with a credit card and the return shipping was paid with a different debit card. Can you point me to the right direction before I contact the credit card provider?
  10. I have looked at my written communications, although it is clearly implied that Amazon UK promised "something", they have not explicitly written down that "we will be paying the shipping cost (as a gesture of goodwill)". However I know very well what was discussed, I don't know if they record their calls but the lady told me they would pay before I sent the package. Then the other guy above called back to apologise and re-assure me that Amazon UK contacted the seller and agreed he would cover the shipping cost and refund. All BS! edit: I was also not aware the seller is in Germany until after I placed the order. Amazon should warn customers about international sellers. And also what if the seller was in China, would I have to pay shipping to return an item to China? What exactly do I need the Marketplace platform for if it cannot protect me??!! Can I claim statements of verbal communications in my small claims court report?
  11. Not yet, I fear that it would complicate things more while I am dealing with two parties at the moment, Amazon UK and the seller. I am not sure what the best course of action would be and against who at this point, but I am suspending all purchases from Amazon UK indefinitely. Also a little letter to The Guardian may be a good idea for publishing.
  12. Dear My name is AB and I work within Amazon.co.uk Executive Customer Relations. I am contacting you on behalf of the office of the Amazon.co.uk Ltd Managing Director, Mr Christopher North. After reviewing your correspondence of 29 September 2014, Mr North has requested that I respond to your email. Rest assured however, Christopher takes emails like yours very seriously and is aware of our response. I am sorry to hear that you are having problems with the third-party seller regarding the return shipping costs of order #XXX-XXXXXX-XXXXX.Please be aware that this seller is not a supplier we personally use to distribute products. Amazon act only as a facilitator in the payment of a Marketplace order. As per Clause 6 of the Participation Agreement, the contract formed at the completion of a fixed price sale is solely between buyer and seller. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of buyers and sellers party to that transaction. As our A-to-z Safe Buying Guarantee only covers the total order cost, we're not in a position to intervene on your behalf or refund you the costs ourselves. Should you wish to pursue this matter further we would encourage you to seek assistance from an advisory body such as Trading Standards(http://www.tradingstandards.gov.uk) We’ll be happy to co-operate with them if required to do so. Regards, AB Executive Customer Relations
  13. I have sent a formal letter of complaint. Will give it a few days and then send a letter before action.
  14. Just a side note that the shipping was paid for by a different Debit Card at the time of posting the item back. I can try to contact them but my concern is that too many parties are getting involved in this case. EDIT: Also to add emphatically that the SELLER's RETURN POLICY is pointing to Amazon Marketplace Return Policy. These guys have shot themselves in the foot!
  15. In response to rebel11's question, it was paid for by Credit Card. To clarify every detail at this point, I made every effort to communicate with the seller and they persistently failed to provided alternative address or instructions for the return. I then contacted Amazon UK to complain who called back and after trying to get in touch with the seller they confirmed they would pay the return shipping. This was a verbal agreement without pressure from my end, call it Gesture Of Goodwill or whatever this is exactly what they promised. All documented and hopefully recorded. After all there must be a log. Secondly, I sent the package back and emailed the receipt to Amazon UK as agreed with the lady I spoke to earlier. Another guy (the one mentioned above) called me at a later date, to confirm the seller has agreed to refund the item AND pay the shipping cost, here it is in writing: "This is A, the agent you spoke with earlier. I'm sorry to hear of the issues you've had in returning your damaged mixer to the seller. As discussed, I've contacted the seller who has confirmed that, once checked, they wlll refund the item and the shipping costs in returning the item. The seller's correct telephone number is: I've also forwarded this issue to our team who review Seller activities as part of any investigation in possible violations of our policies. Although for account privacy reasons, we can't disclose the outcome of any investigation, I'd like to take this opportunity to thank you for your vigilance and for highlighting this. I hope this helps." Following Amazon's response above, I wrote to the seller to remind them of their Marketplace rules and obligations. To add insult to the injury, this is their response today: "Hello, thanks for your eMail. The item had a little optical damage, we have sold them to a another customer without any problem. We have refund you the money." They are so cheeky that they openly admit they sold the damaged chrome finish to another customer. What are my options at this point, publicity? Legal Action? and against which party? This is a complete joke, I am all for it to take it further...
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