Is Amazon breaking UK law?

[serapis]

Quick question to all the gorgeous people here

 

I have had a previous issue with Amazon and their Sellers and I have now had another. The first issue was a seller refused to refund or replace an item they sold me that went faulty within 5 months. Amazon would do nothing about it and the seller is still selling goods through Amazons website.

 

Over Christmas I ordered an item that arrived faulty. I contacted the seller through the Amazon site and they said post it back and they would refund me. I replied to ask how they would refund the postage and had no reply. I contacted Amazon through their online chat and I had the following reply from Amazon:

 

03:12 PM(GMT) Rehan(CSA): In this case, I will also contact the seller for you from my end and ask them to look into the issue. However, I cannot assure you that they will refund the postage.

 

Amazon seem to be happy to list the items on their website and take payment but when there is a problem they refuse to do anything and tell you its down to the seller. Is this not breaching the Distance Selling Regulations?

[sequenci]

I assume that, in your case, amazon are just being the intermediary; is that right?

[serapis]

I assume that, in your case, amazon are just being the intermediary; is that right?

 

This is the conundrum. I bought the item from the Amazon.co.uk website via a "seller" but Amazon took the money for the item. This is why I'm questioning if its legal. As the transaction is with Amazon not the seller, aren't they the party I have the contract with.

[renegadeimp]

If its says fulfilled by amazon, then amazon are equally as liable. If they are just a processing party, then in effect, they just handle the billing and pass on details.

[serapis]

If its says fulfilled by amazon, then amazon are equally as liable. If they are just a processing party, then in effect, they just handle the billing and pass on details.

 

Thats my reason for asking as who is liable seems a bit of a grey area considering who's site I bought the item and who took payment.

[Consumer dude]

Your contract is with amazon in my opinion..

[renegadeimp]

See, that depends CD. Were amazon acting as a facilitator, similar to ebay, or was the item listed as "fulfilled by amazon".

[Consumer dude]

See, that depends CD. Were amazon acting as a facilitator, similar to ebay, or was the item listed as "fulfilled by amazon".

 

I'm looking at it as if someone goes on the internet and orders something and in this case Amazon are advertising..

[renegadeimp]

True, but they are merely a facilitator. basically amazon has started to copy ebay. it's only with preferred sellers that the fulfill the orders themselves, as if it was an amazon product. Everything else is pretty much like a search engine.

[serapis]

True, but they are merely a facilitator. basically amazon has started to copy ebay. it's only with preferred sellers that the fulfill the orders themselves, as if it was an amazon product. Everything else is pretty much like a search engine.

 

If I bought something from ebay, I would be using that site to buy directly form the seller via bank transfer or paypal. With Amazon, I'm using their site (in the same way as ebay) but Amazon is billing me for the product not the seller.

 

All I want is for them to be a bit more forceful with sellers who break UK law but it appears they just wash their hands with you if things go wrong.

[renegadeimp]

Amazon is the billing merchant in this case though. They simply process the transaction for the seller.

[serapis]

Amazon is the billing merchant in this case though. They simply process the transaction for the seller.

 

This is why I'm asking the question. Take the internet out of the situation. I go to a shop on the high street and buy a product off the shelf. I pay the cashier and leave. I find the item is faulty. Legally the responsible party is the shop as I paid them for the item, not some third party whose shop I have not entered and who I have not paid for the item.

[renegadeimp]

Except in that case, you buy it from that retailer. As ive stated multiple times, with amazon, they are merely the billing merchant/facilitator, which is where people have trouble understanding things.

[serapis]

Except in that case, you buy it from that retailer. As ive stated multiple times, with amazon, they are merely the billing merchant/facilitator, which is where people have trouble understanding things.

 

What is the difference between me handing my bank card to a cashier to pay for an item at a retailer and giving my bank card details to Amazon who then bill me? I'm not paying a 3rd party, I'm paying Amazon.

[renegadeimp]

I think its time for me to drop out of this. Theres only so many times i can say the same thing.

[sequenci]

What is the difference between me handing my bank card to a cashier to pay for an item at a retailer and giving my bank card details to Amazon who then bill me? I'm not paying a 3rd party, I'm paying Amazon.

 

So, if you buy a coat from a shop that happens to be within a shopping centre which goes faulty - would you hold the shopping centre liable?

[serapis]

I think its time for me to drop out of this. Theres only so many times i can say the same thing.

 

Insanity: doing the same thing over and over again and expecting different results.

Albert Einstein

 

If someone doesn't understand what you are saying, saying it again and again will not change that fact.

[serapis]

So, if you buy a coat from a shop that happens to be within a shopping centre which goes faulty - would you hold the shopping centre liable?

 

No because I would not have paid the shopping centre for the coat would I.

[sequenci]

No because I would not have paid the shopping centre for the coat would I.

 

They still facilitated the purchase, no?

[serapis]

They still facilitated the purchase, no?

 

Youre getting silly. This is not a comparison. If I was paying the centre and not the shop I would agree with you but that's not the hypothetical situation you are highlighting.

[renegadeimp]

Ok/ let me put it this way.

 

Amazon is a shopping centre in your scenario right? Ok.

 

The person or company that sold you the item is the retailer right? Ok

 

Now, Amazon are also the billing merchant as the shop doesnt have the facility to process transactions. This is where you are getting confused. You buy the item from the retailer, but they use amazon as the billing merchant to save costs and give themselves a bit of security. knowing that they wont go bust or defraud them.

 

However, if it is stated as 'fulfilled by amazon', then you can complain direct to amazon as they have agreed to store and ship the item direct from their warehouse. In the former scenario, it is shipped from the retailer, NOT from amazon.

 

 

So to put it in english:

 

if it wasnt marked as fulfilled by amazon, then you will have to deal with the retailer.

If it was marked as Fulfilled by amazon, then amazon will be dealing with complaints.

 

Which one of the above applies to you?

[serapis]

Ok/ let me put it this way.

 

Amazon is a shopping centre in your scenario right? Ok.

 

No you're wrong there. Amazon is the shop in my analogy. The shopping centre would be the website host in your analogy and that's irrelevant.

[sequenci]

Youre getting silly. This is not a comparison. If I was paying the centre and not the shop I would agree with you but that's not the hypothetical situation you are highlighting.

 

Well, let's cut to the chase. Your issue is with the actual seller. Go get 'em.