Return item for credit not covered by DSR...

Associate
Joined
2 Jul 2009
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Bridge of Weir, UK
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
Joined
21 Nov 2005
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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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Drunken badger punching
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
Joined
23 May 2011
Posts
10,199
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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Notts
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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Bridge of Weir, UK
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.
 
Associate
OP
Joined
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Location
Bridge of Weir, UK
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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