Selling on Amazon!!!

[Cornish_Celt]

Hi guys, I recently sold a mobile phone on amazon, The hone was locked to O2 but there was no specific section to advertize in so I put it in the unlocked section and made it very clear in the write up that the phone was not unlocked, anyway it was sold on the 6th of November 2011. It was received by the buyer and I heard nothing else until the 20th of December 2011, the buyer said that he did not realize that it was locked and wanted a refund and he raised a claim with amazon. I was told by amazon that i had to refund the buyer because it was not advertised in the correct section. That is fine as said I was aware of that and made it clear that the phone was locked to O2, However according to amazons own terms and conditions, returns must be made within 14 days of purchase, as you can see from the dates above he actually asked for the refund 6 weeks after purchase!

Basically amazon have said that I must refund the buyer even if he does not return the phone, They have actually put my account in the red by £134 by refunding the buyer and I have not even had the phone returned, is this actually legal?

I have asked them so many times about the terms and conditions stating 14 days to return electrical goods and they refuse to answer. I said that I was perfectly happy to refund the buyer when I received the phone in the condition it was sold in, they told me then that they "We understand that you may not agree with this decision, but we will not be able to assist you further with this claim and there will be no further response to your e-mail messages regarding this transaction."

 

Then the next email I received said this "We have previously requested information related to the below order due to the A-to-z Guarantee claim received from your buyer. This message is to inform you that, in accordance with our agreement with you, we have determined that you are liable for the following Amazon.co.uk A-to-z Guarantee claim because this claim has been unsuccessfully represented. As such, Amazon.co.uk has advanced credit to the buyer on your behalf."

 

But they didn't answer me when I represented my case, they just brushed it off and didn't answer my questions!!!

 

Now they have to left me owing them £134 and to be honest I cant understand how they can get away with it, They have said that they will not answer my emails and the buyer is also not answering my emails asking for the phone to be returned.

 

Is there anything I can do or have I been conned somewhere along the line!

 

I have kept all the emails received from amazon and sent by me to amazon.

[Cornish_Celt]

I have also noticed today that there are phones advertised in the same section that state the same as my ad, that they are locked to networks, so how come amazon does not remove them?

[sparx]

I have also noticed today that there are phones advertised in the same section that state the same as my ad, that they are locked to networks, so how come amazon does not remove them?

 

If the buyer does not return your phone, I think perhaps you should talk to Consumer direct (Unless other more knowlegable members on here give more information than I can).

 

If it is worth it, you may be able to claim either the return of your phone (or the £134 back) from the buyer - obviously you have his particulars as you posted the item to him and Amazon will have records of the card / cardholder address used.

[Cornish_Celt]

Have received this email from amazon, How is this legal?

 

"Greetings from Amazon.co.uk.

 

We have reviewed the buyer's claim and the information you provided. As mentioned previously, the item you sold was different from the item referenced on the product detail page. As such, the buyer is not required to return the item to you and is entitled to a refund."

 

So they have refunded him despite my saying that I will refund the buyer as soon as the phone is returned.

There must be something I can do, This is basically theft