Debit card purchase of 'counterfeit goods product via Amazon' **Refunded in full**

[gibsonsg]

My wife purchased an electrical hair curling product via Amazon

although it was supplied by a company other than Amazon just over one year ago

and it has stopped working.

 

 

She contacted the main distributor of Babyliss UK, Conair, who asked her to return the device to them

since it should be covered by their 3 year warranty.

 

 

We have just heard from Conair advising that the product is counterfeit and therefore not their responsibility.

Conair has advised that if the purchase was made by credit card,

it would be worth asking the credit card company if they will refund the purchase cost, £160, since in effect a fraud has taken place.

 

 

However, since the purchase was made by debit card, might the same apply;

is there any point in contacting Nat west to ask the same?

Does my wife have any consumer rights in this respect?

 

Any help gratefully received.

[citizenB]

Has Amazon been made aware that one of the companies they give space to is/was selling counterfeit goods ? Would they bear some responsibility ?

 

I will try and find someone who can help you with the debit card issue.

[Conniff]

Did babyliss respond by letter or email ?

If so, that is all the proof you will need to go for a chargeback.

 

 

You have 120 days from when you first became aware of the problem to claim.

Debit cards are different from credit cards and don't have legislation behind them.

Also if there is no money in the merchant account, it can't be claimed back.

 

You approach your card issuing bank to start the ball rolling. I

 

If you have read any other threads about chargeback, you will have noticed that a lot of the time the staff are unaware it can be done,

(that's a lie, they all know but pretend they don't), so you might have to ask for the next person up the chain, but don't just take it as not possible and leave.

 

You should also report the company to Trading Standards and as it is a fraudulent transaction,

get a police crime number by taking your letter from babyliss and showing them.

[gibsonsg]

Many thanks for the replies. Awaiting the letter from Babyliss and then I guess need to decide which route to take. Will def report to trading standards. Should we email Amazon and the company that fulfilled the order, or is it best to go straight to the bank? Or all options available?

[slick132]

Hi Gibsonsg,

 

I would raise a formal complaint with Amazon if your order was placed with them. Tell them you will forward the written evidence from Babyliss when received.

 

Have you checked to see if the trader is still operating.

 

Defo get onto Trading Standards as suggested.

 

Start the bank process too, so you have all options running.

 

[Conniff]

Get that crime number by popping into your local station, it will help a lot when quoted in an further correspondence to anyone.

 

 

Do both, start the chargeback process and make that formal complaint to Amazon.

 

 

Will you keep us updated with progress as it happens please as this could be an eye opener for a lot of people. We get a lot of this on ebay but it's not expected to happen through Amazon ?

[gibsonsg]

Get that crime number by popping into your local station, it will help a lot when quoted in an further correspondence to anyone.

 

 

Do both, start the chargeback process and make that formal complaint to Amazon.

 

 

Will you keep us updated with progress as it happens please as this could be an eye opener for a lot of people. We get a lot of this on ebay but it's not expected to happen through Amazon ?

 

My wife has emailed both Amazon and the supplier of the product AJ Enterprise. She is still awaiting a response from the latter but Amazon have already responded telling her that they have written to AJ Enterprise requesting immediate investigation and refund, also offering further help if AJ Enterprise fail to respond. We' ll see what happens next. Holding off on contacting Visa so that the supplier has ample opportunity to refund. Babyliss also has the details for AJ Enterprise and I'm sure will be contacting them.

[Conniff]

That's a good move as things seem to be moving on in a sensible fashion. I don't suppose Amazon is very happy about a supplier using them and selling counterfeit products.

[gibsonsg]

Update: after speaking to Amazon they followed up with the following email response:

"Please be assured, the type of seller activity outlined in your correspondence isn't tolerated by Amazon.co.uk. Sellers aren't permitted to list counterfeit goods on the Amazon.co.uk Marketplace platform. We bring such complaints to the attention of the appropriate internal department, which investigates possible violations of our policies and ensures that appropriate action is taken against sellers who don't abide by the terms and conditions for selling on Amazon.co.uk Marketplace.

 

Amazon.co.uk isn't directly involved in individual transactions made from third-party sellers and buyers are normally advised to file a claim under our A-to-z Guarantee.

 

As your order was placed on the Thursday the 20th of Febuary 2014, the 90-day time frame for submitting A-to-z Guarantee Claim has now passed. However, due to the circumstances you've described, we've escalated the issue on your behalf. The investigation process should take between 2-3 business days. You'll receive an e-mail notification when our investigation is complete. After this, you should receive a full refund will be credited directly to the payment card used for your order. "

 

Whilst resolution has taken a few weeks, Amazon have been true to their word and my wife has now received a full refund. Well done Amazon, perfect customer service response.

[slick132]

Great result and thanks for the update.

 

Thread title amended to reflect your result.