Return item for credit not covered by DSR...

Associate
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So I bought a phone for my work from Amazon market place, unpacked it used it for 30mins then decided because of at fault I wanted to return it.

Done the return form on amazon and stated that there was noise when using it and it was unsuitable for purpose.

Next day I get an RMA number via email and I noticed that it mentioned 'On receipt the goods will be tested and refunded / replaced.'.

So I mailed them back saying I want to return under DSR as I wanted a refund and not repaired or replaced.

This was their reply......

Under DSR, the customer has the right to cancel the contract of sale if he/she is not happy with the product. However you have mentioned that the product is defective for which under our terms & conditions can be replaced under warranty.

I noticed that the billing and the delivery address is a company/business address. Please do note that business or purchases by consumers on behalf of businesses do not fall under the UK DSR......

Where do I stand?

Whats my play?
 

Imy

Imy

Soldato
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Warwickshire, UK
Business purchases are not covered under the DSR but there's nothing wrong with having personal items delivered to a business address (i.e. place of work).

Under DSR you can return for any reason so long as it's not a perishable item or bespoke. Their terms and conditions do not override your consumer rights.
 
Soldato
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Can you change your mind on an item that you've already stated as being 'faulty' and try to get a refund under the DSR? Seems a bit sly and unlikely.

Also, if the billing address is a company address, I imagine you're buying it on behalf of your employer and therefore stuffed under DSR anyway.

A refund if you're lucky or a replacement will be what you end up with.
 
Soldato
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Did you pay for it through your company or through your personal CC or whatever? If it's the latter I don't think "Oh, it was sent to your business address" will cut it for them seeing how often people have personal deliveries sent to work these days.
 
Don
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If it is faulty on delivery, return it, you are entitled to a refund if it is fouind to be faulty and as long as it is you should have no problems
 
Associate
OP
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I've decided to communicate with them via Amazon as they are more likely to side with me.

I get all my amazon orders delivered to my work and I use the works card as I own the business. I just off set it with what I'm owed for postage etc.
 

Imy

Imy

Soldato
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If you are using a business credit/debit card then you are not covered by the DSR as it's considered a business-to-business transaction.
 
Associate
OP
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If you are using a business credit/debit card then you are not covered by the DSR as it's considered a business-to-business transaction.

This is how the DSR reads (according to wikipedia)...

Under the Regulations, someone who uses a company account or business details for tax obligations is still considered a consumer if the transaction is not one done for or on behalf of the business. A customer is a person who actually buys the product but this does'nt mean they have to use the product. The person who uses the product is called a consumer....

So I read that as... if I use my company to buy the product for myself then I the consumer will be covered by DSR, or am I reading it wrong.
 
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