Return item for credit not covered by DSR...

jimmy321 · 20 Nov 2012 at 12:56

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?

jimmy321 · 20 Nov 2012 at 13:12

I forgot to say, the item arrived part assembled so it looks like it has been returned before.

jimmy321 · 20 Nov 2012 at 13:20

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.

jimmy321 · 20 Nov 2012 at 14:22

Imy said:
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.