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Item refunded instead of replaced, now for sale at double


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Hi

 

I bought something from amazon marketplace seller, a used item, at a good price.

 

Item was dispatched but didn't arrive.

 

Seller offered replacement which also didn't arrive and out of the blue I received a refund.

 

Seller now has item back up for sale but with a 100% premium. I assume the seller mispriced it.

 

Could I insist on a replacement and go so far as to drag it to court for 'loss of bargain'?

 

It's not big money, just be good to understand the rules.

 

Thanks, Kristian

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The purpose of contractual damages is to put you into the position that you would have been if the contract had been concluded successfully. This means that if you contracted for an item which you didn't get, then a proper contractual solution would be to provide you with the replacement of the item or the purchase price of an equivalent item.

 

On that basis, yes you could insist on a replacement – but don't hold your breath, or else you could go to court and sue for the price of a replacement.

 

The problem is that if it's not big money then it scarcely worth the hassle

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Amazon have a process for such complaints.

 

https://payments.amazon.co.uk/help/201751580

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use the amazon complaints process first, the seller will have a job explaining themselves.

However amazon are like eby. they only get money from one side so they often make decisions that are not based on the law of the land.

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thanks. cannot use the complaints process as refund issued. shame. i saw i can leave feedback though, that will probably be enough to satisfy me.

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