Legal question

[alethea]

Am hoping there may be someone out there that can answer this,

What is the rights of a consumer if

You bought something online via amazon

It was too big and poor quality

You miss the deadline for returning

You ask for a refund

They refuse

Amazon come down on the side of the seller

You now have

NO refund

NO item

Are you entitled to your item back?

I have just had the most comedy of conversations with A horrible customer service who apparently did a DNA test on a fancy dress costume worth ?50 to prove it had been worn more than once, apparently it's different DNA to that if you just try it on!!!

I don't know if anyone can help.

Thx

[LouiseC]

I'm not a lawyer but I have worked in Retail for over 20years and even if they refuse a refund they have to return your item to you.

[DaveR]

"Are you entitled to your item back?"

On the basic facts above, yes, but you are probably liable to pay for re-delivery.

[Angelina]

Did you return it after their deadline? Do you have proof of posting? What was the problem with the item? Did you tell them? Perhaps a carefully worded letter might help. I suggest you contact Trading Standards for advice and help.

Statutory rights are not affected by return dates. So, if it's not fit for purpose they cannot say you didn't return it in time.

The return date is if you've changed your mind. It's a cooling off period and you can return in that timeframe if you change your mind.

Here's a couple of links.

https://www.amazon.co.uk/forum/deals?_encoding=UTF8&cdForum=Fx1DEIHNWYF5SA9&cdThread=Tx3B6AA5Q8RHYE2

This one is more important;

https://www.amazon.co.uk/gp/help/customer/display.html/ref=hp_gw_repol?nodeId=1161002

and it actually explains the confusion - they call Statutory Rights the same as Statutory Cancellation rights.

Statutory Rights are a consumer protection law if goods are not fit for purpose. the 'Stat Cancellation Rights" are different - just about changing your mind. It could be they have used them interchangeably in your case.

The second link has the important bit at the very bottom.

Other Statutory Rights

You have additional rights in relation to incorrect, damaged or defective goods. For more information about these statutory rights, please visit Adviceguide, a Citizens Advice website at: http://www.adviceguide.org.uk/. This link is provided to help our customers find out the rights they have where goods are not as described, not fit for purpose or not of satisfactory quality.

If you need to contact us by post, please write to:

Amazon.co.uk Customer Services, 2-4 Waverley Gate, Waterloo Place, Edinburgh EH1 3EG

[alethea]

Thanks for the info, I think the issue is the item was a bit Naf anyway and possibly expectations were too high, my brother bought this and I'm trying to help him out, the seller basically has called him a thief and that he has committed fraud by wearing the garment several times and returning it which was not the case he just tried it on as any normal person would.

Apparently he is keeping the garment as proof and evidence if he has to prosecute with the DNA testing, it's ridiculous, it was a ?50 fancy dress costume. I've told him to go ahead and call the police.

My suspicions are that it's either been resold, binned or was damaged on purpose either way he's not in a position to send it back.

I'm sure there is something in the law that a transaction had been done so if a refund is refused whether rightly or wrongly you still have a right to the goods.

[Angelina]

He cannot keep the item and not give you your money back. AS suggested above - contact Trading Standards / although I'm told it's now Citizens Advice dealing with this type of issue.

[JohnL]

I've heard that Amazon have a tendency to ban people.

[KidKruger]

lol - no-one has done a DNA !