Online Refund Help (not cycling related!)

A week or so ago I was on a boat trip when my Ray Bans were knocked off my face and into the water.
On the way back from the trip, I ordered a replacement pair on Amazon (using the Amazon App).
The new pair were delivered within a couple of days.
I opened the cardboard outer box and, on picking up the Ray Ban box, noticed that the corner was dented in a little. This didn't overly concern me and so I opened the box to reveal the Ray Ban glasses case and then opened the case.
On opening the case, I noticed that there was not a cleaning cloth in there (no real problem as I already had one that came with my lost pair), however when picking up the sunglasses, it was evident that one of the arms had been broken off. I immediately put the glasses back in the case, the case back in the Ray Ban Box, the Ray Ban box back in the cardboard outer and initiated the returns procedure.
The return was through a post office and so they were posted a couple of days later than when I received the goods as there is no post office in the village where I live.
So, yesterday I received a message from the retail seller via Amazon saying that they would not refund or replace the goods as the item returned was not the brand new item they dispatched.
They said that the arm had been broken off by force, that the glasses had been "worn for a significant time", that there was sand on them and that the lack of a cleaning cloth or Ray Ban leaflet in the box proved that they were not the brand new glasses that they dispatched and that they would not be refunding or replacing.
Here are the facts from my point of view:
*They had not been worn at all (due to broken arm on them!)
*They were replaced into the case/box within seconds of me seeing the broken arm and returned a couple of days later
*There was no cleaning cloth in the case
*The product I returned was exactly what I had received.
I replied to their "we're not refunding" email basically telling them the above.
If what they are saying about sand/evidence or wear etc is true then I understand why they would not replace them but there is no "foul play" on my part and so I can only assume that the glasses had been "switched" either in their warehouse or somewhere in the delivery chain.
They are basically saying that I am trying to defraud them!
They have refunded me £4.85 postage.
Anyone have any ideas how to get my money back or how to take this forward?
On the way back from the trip, I ordered a replacement pair on Amazon (using the Amazon App).
The new pair were delivered within a couple of days.
I opened the cardboard outer box and, on picking up the Ray Ban box, noticed that the corner was dented in a little. This didn't overly concern me and so I opened the box to reveal the Ray Ban glasses case and then opened the case.
On opening the case, I noticed that there was not a cleaning cloth in there (no real problem as I already had one that came with my lost pair), however when picking up the sunglasses, it was evident that one of the arms had been broken off. I immediately put the glasses back in the case, the case back in the Ray Ban Box, the Ray Ban box back in the cardboard outer and initiated the returns procedure.
The return was through a post office and so they were posted a couple of days later than when I received the goods as there is no post office in the village where I live.
So, yesterday I received a message from the retail seller via Amazon saying that they would not refund or replace the goods as the item returned was not the brand new item they dispatched.
They said that the arm had been broken off by force, that the glasses had been "worn for a significant time", that there was sand on them and that the lack of a cleaning cloth or Ray Ban leaflet in the box proved that they were not the brand new glasses that they dispatched and that they would not be refunding or replacing.
Here are the facts from my point of view:
*They had not been worn at all (due to broken arm on them!)
*They were replaced into the case/box within seconds of me seeing the broken arm and returned a couple of days later
*There was no cleaning cloth in the case
*The product I returned was exactly what I had received.
I replied to their "we're not refunding" email basically telling them the above.
If what they are saying about sand/evidence or wear etc is true then I understand why they would not replace them but there is no "foul play" on my part and so I can only assume that the glasses had been "switched" either in their warehouse or somewhere in the delivery chain.
They are basically saying that I am trying to defraud them!
They have refunded me £4.85 postage.
Anyone have any ideas how to get my money back or how to take this forward?
Wilier Izoard XP
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If so they can help.
Also Citizen's Advice re consumer protection act
Try reporting it to Amazon directly maybe but I have a feeling it will only be to build enough of a case against them to get them kicked off the site. Although I suspect you'll find that happens anyway...
Like MF says, try and get some money back through the card company.
Good luck
- @ddraver
https://www.money.co.uk/current-accounts/is-debit-card-protection-the-same-as-for-credit-cards
I am not sure. You have no chance.
UK based retailer?
Still not convinced it will get anywhere and suspect the seller will be adamant that I've tried to scam them . . .
I have replied to the seller's email via the amazon website
Go direct to Amazon, via their complaints procedure. I think you need to formally raise it with the vendor first. They may cave, they may not. But you'll get a refund eventually I think.
You would be in a better position if you'd taken photos as soon as you'd found out, but I don't think this will be decisive. If you open a formal case, the vendor is going to have the burden of proof. As an Amazon vendor, their previous returns of the same item will be recorded. I think they will struggle.
Besides, my impression is Amazon don't put up a fight with things like this - rouge vendors damage their reputation and a refund is peanuts to them. The vendor will soon find out how unimportant they are to Amazon.
I received the formal response from the seller yesterday and replied to that too.
Apart from being out of pocket to the tune of c.£100, I'm basically p!ssed off that the seller seems to think I'm trying to defraud them
Thanks
It is a shame they are at the bottom of the ocean or you could have shown you still had the originals.
I saw a presentation by a top Amazon exec and they operate on the assumption that everybody is innocent (and refund accordingly) but if a manufacturer/reseller/punter triggers the AI the they just cut them off.
They are actually somewhere at the bottom of the Thames, near the bank in Windsor if anyone fancies dredging the bottom (my mates phone is also in the same place) . . . long story.
Thanks for the offer
I'll bring the trebuchet.
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If he's up/down there I can always ask him to burn the shopkeeper's house down as well.
Today I'd like to be an arsonist please
I don't have anything to add to the excellent advice you have been given above, but I'd be keen to know if you obtain a favourable outcome, and from whom, and irrespective of the outcome, personally if I was in that situation, I would still name the company, unless they back pedalled, grovelled and gave me a proper apology and refund.
This could happen to any of us of course, potentially with far more costly items.
I do always tend to buy through credit card on paypal for that extra layer of protection, just out of habit really, probably only had cause to use it twice in that time, both for items that were paid for, but never arrived, and the retailer was completely unresponsive.
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Told ya, didn't we?