Name Amazon UK as joint / second defendant - goods not as described - A-Z Guarantee

[Thegreenpimpernel]

Hello

 

I'm helping a customer who has been sold a defective product on Amazon Marketplace.

 

The item(s) were flooring that differed from the picture & description in:

 

1) the quality of timber, i e. full of knots & defects not shown in the picture.

2) the construction / overall appearance.

3) the dimensions

 

Despite these differences, the seller - Flooring Direct - have refused a refund unless she pays for insured return carriage herself.(an insured pallet to Scotland).

Amazon have denied her A-Z guarantee claim and subsequent appeal.

 

Given the above differences, I'm sure that she will win in court if / when it comes to that, but given Amazons guarantee (shown below) should amazon be named as a joint defendant?

 

From Amazons Website:

 

A-to-z Claim Conditions

When you buy from third-party sellers on Amazon.co.uk, the condition of the item and its timely delivery are guaranteed under the A-to-z Guarantee.

 

You can make a claim....

Your request meets one of our A-to-z Guarantee conditions below.

........

 

The item you received was damaged, defective, or materially different from the item represented on the product detail page.

[Thegreenpimpernel]

Also, the seller is a long way away. As the defendant, can they get proceedings moved to their 'home town'?

[BankFodder]

Is this claim being brought in England or Scotland?

[Thegreenpimpernel]

Good question !

 

The seller is in Scotland. The buyer is in England.

 

I assume they make the claim in England?

[Thegreenpimpernel]

A quick google implies they would need to file against the seller in Scotland. Is this right?

They would probably have to drag a sample of the flooring to Scotland to win. Costs?

[rebel11]

http://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/small-claims

 

A quick google implies they would need to file against the seller in Scotland. Is this right?

They would probably have to drag a sample of the flooring to Scotland to win. Costs?

[Thegreenpimpernel]

Thanks Rebel, but still a bit ambiguous. Implies I need to act in Scotland, then in further sections goes on to tell you how to enforce a judgment awarded in England on a Scotish defendant?

[rebel11]

I'll flag this up for clarification.

[Thegreenpimpernel]

Thanks.

 

But what about Amazon ?

Any Instances of holding them to their A-Z guarantee? The guarantee is clear in promising refunds where the goods are different as advertised.

It was an important factor in ordering from an unknown entity some distance away.

The goods are different colour, size, quality and construction than advertised. Yet amazon denies her the refund and regards the case closed!

Surely they can be held to it ?

[Thegreenpimpernel]

Weren't the scotish banks sued in English courts where their customers were?

[Thegreenpimpernel]

This might be the answer:

 

http://www.google.co.uk/url?sa=t&rct=j&q=how+to+sue+a+scottish+company&source=web&cd=9&ved=0CD4QFjAI&url=http%3A%2F%2Fwww.hallidaycampbell.com%2F2012%2F02%2Fregistering-english-judgments-for.html&ei=74eHU5aHJsTt0gWb8YCYBg&usg=AFQjCNFpfOq6tUvld0tWSkZC3lBLUpAJ_A&sig2=A93SQ8buKbGvkpmR0n9s-g&bvm=bv.68114441,d.d2k

 

In short, yes, sue a scotish company from England, but with some extra steps to enforce it.

[steampowered]

Amazon.co.uk is a Luxembourg company and their User Agreement provides that any disputes should be resolved through the Luxembourg courts.

 

My understanding of the European rules on jurisdiction is that the customer can choose whether to sue the seller where it is based (Scotland) or where the contract was to be performed (England). To sue Amazon the customer can choose England or Luxembourg if this is a consumer contract. However if this is a business contract Amazon may only be sued in Luxembourg.

 

However, you are allowed to join closely related claims. Even if this is a business contract Amazon can be sued in England/Scotland but only if it is made a joint defendant to a claim against the seller.

 

Did Amazon explain why they rejected the claim?

[rebel11]

Thegreenpimpernel

 

What reason did Amazon give for denying the A-Z Guarantee?

 

http://www.justice.gov.uk/courts/pro...t06/pd_part06b

[Thegreenpimpernel]

They don't give reasons, nor respond to detailed descriptions about colour, size, quality & construction. They just say she's not covered because the guarantee only covers things that don't work or are not as described??? I suppose it's made from the same species of wood as advertised. And it's a floor. That's where the similarity ends.

Numerous emails pointing out all the above reasons why it is not as described are met with the same robotic response.

She's not being fickle. I'm a woodworking professional, and even supplied the trader and Amazon with timber grade specifications. Another proffesional laughed out loud when he saw it!

I'll try and upload pictures.

[rebel11]

Hi Thegreenpimpernel

 

Write a Formal Letter of Complaint mark it as such. Explain whats happened (purchased floor tiles - 'not as described'), how Amazon have let you down (A-Z Guarantee policy not applied - when it should be) and what you want them to do (a full refund), send photo's to support you complaint.

 

Send it to:-

 

Mr Christopher North

Chief Executive

Amazon UK

cnorth@amazon.com

 

If Customer Services aren't listening, escalate the complaint before you do anything else.

[Thegreenpimpernel]

Hi Thegreenpimpernel

 

Write a Formal Letter of Complaint mark it as such. Explain whats happened (purchased floor tiles - 'not as described'), how Amazon have let you down (A-Z Guarantee policy not applied - when it should be) and what you want them to do (a full refund), send photo's to support you complaint.

 

Send it to:-

 

Mr Christopher North

Chief Executive

Amazon UK

cnorth@amazon.com

 

If Customer Services aren't listening, escalate the complaint before you do anything else.

 

Thanks for that. They declined to send an address despite asking several times. Only one I could ind was in the Netherlands.