A-z claim after 90 days of order date

#1

hi,
I have sold mobile phone ( in full working condition) in November 7 & shipped right after the order date. In the second week of January buyer contacted me the item was defective ( after 2 1/2 of delivery date) . Was the charger port & phone charger port melted ( maybe inappropriate use). Though it is not sellers fault( this kind of faults are manufactures fault) we offered £25 partial refund ( market repair price of such issue) & brand new charger. Buyer refused & he wanted a full refund but we replied him that we can not since this is

  1. out of our guarantee
  2. manufacture fault.
    But we contacted the manufacture on behalf of buyer ( with all the photographs) . The manufactures is delaying ( well reputed phone brand ) the case & we have send number of messages & phone calls regarding this case. but we still waiting for a final decision. In the meantime the buyer on 24, February 2014 filed a a-z guarantee case against me asking for full refund.
    my first question is how the buyer could file a A-Z well after 90days ?
    & what would be the best action I can take to solve this matter ( rather than full refund).
    waiting for experienced sellers advice. thank you .
#2

Hi
The buyer’s original request for a refund was well before the 90 days - that is why.

An item has to be fit for purpose - and should last for longer than two and a half months, really. (Sale of Goods Act)

It would have been better to have authorised a return so that you could check the phone yourself.
The buyer is within their rights here - under Amazon’s policies.

You need to respond directly to Amazon quickly to defend the A-Z claim (although I suspect they will refund the buyer anyway now)

#3

Amazon can allow a-z after 90 days, however the problem was reported to you before the 90 days anyway.
Best action is to respond to the a-z (not just the buyer) and ask for the phone to be returned for a full refund.
Then you get to deal with the manufacturer.

The alternitive is for amazon to simply agree the a-z claim from the buyer and refund them in full from your account. Leaving you the headache of arranging collection afterwards of the item.

#4

You are not obliged to refund as a first step as the item is reported faulty after 30 days, even Amazon own policies advise this;

+Electronics also have firm guidelines for returns. If the item is dispatched as used and is defective or damaged upon receipt, the buyer should report the defect/damage to you within 14 days of receipt and make return arrangements. If the item becomes defective more than 30 days after dispatch and is under warranty, please assist your buyer in pursuing a warranty claim with the manufacturer.+

The buyer does have rights under the sale of goods act but you are not obliged to refund, rather offer a repair, or replacement and only if that does not fix the problem would you have to consider a refund.

The problem now is with the A-Z opened, Amazon generally make their own decisions usually in favor of the buyer, so you really need to ensure you put your case clearly to avoid the A-Z claim being ruled in the buyers favor and refund from your account without return of the phone, also remind Amazon of their stated policy advice in relation to returns after 30 days.

#5

I’m pleased to hear you had the right outcome with the claim, perhaps the buyer may be more reasonable in working with you now to resolve the issue?

Good luck with it.

#6

I am surprised … interesting one eh?
Resolved in three hours …

#7

thank you for your advice & now amazon has made a decision favour of me ( CASE IS CLOSED). I really wanted to help this buyer & will not stop helping ( will push LG to get a solution) him though I won the case. thank you for the help.
have a good day…

#8

Amazon A-Z team are always unpredictable, but the timing of decisions is usually based on the speed of the sellers response.

They can’t really argue against their own policy, but often do.

closed #9