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I feel Amazon.com and a buyer cheated me over a sale and refund. What to do.

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1slittleoldlady

Junior Member
What is the name of your state (only U.S. law)? New York.

Given the current sad state of affairs Amazon is in, as it is really convicted of cheating it's customers with that Prime issue, I am wondering if by law I have been cheated too and what I could do about it.

I sell used items on line and did so on Amazon for a brief time. I read their return policy. It said Amazon would take back NEW items, sent back in good new condition in original packaging. I took that to apply only to NEW items and only to the items Amazon sold, as Amazon does sell on it's own site as I understand.

I listed about 300 items over a months time, and when questions came up I contacted the customer service with the item and how my listing looked, and was clear on the listing page. The first thing that came up always was a picture of my item and a statement under condition: NOTE: No returns, No refunds.. then I went on with what ever else I had to say. I always advised that the seller emailed me before the purchase to make sure of condition and anything else they might question.

I listed a 40 year old book as: Book in good condition, Dust cover tattered, which to my mind means damaged. The book was chosen out of a dozen or so books in better condition and costing less, by a women who complained the book smelled and returned it to me saying she has a medical condition which did not allow her to keep the book. I at first refused, then thought Boy I would really rather have a happy customer and if this person really has a medical condition, I should be kind to her.

When I got the book back it looked like she had taken the hardback cover and pushed it back so as to break the binding which held the front cover to the pages. I was annoyed and issued a refund for half the cost of the book as the book was now damaged and I could not sell it like that. She filed a A-Z claim against me, claiming that the book was not as described on the web site. Amazon agreed and refunded the cost of the book and charged me with her shipping and a $1.00 fine, if you could call it that, plus it took out its selling fees.

Then the buyer puts a bit "BUYER BEWARE" in feedback.

Now, I put all my items on hold because I do not want to do business with a company that treats sellers this was, not to mention they kicked me off the forums for using my freedom of speech on it to complain about what I felt were unfair business dealings Amazon engaged it, and this suit proved I was right.

So I hunt thru the pages on policy Amazon put up and on the sites pages it does say that a 3rd party may have a different return policy. This is where I am confused. Am I the 3rd party? Amazon hosts the site, Amazon does buy from sellers to resell in competition with the sellers who pay to sell as pro sellers on the site, and Amazon allows other businesses to advertise on the site, then there is me. The person who is getting rid of the items in her home just to make the cost of bills.... Am I a 3rd seller?

Do I have the right to sue Amazon and this person for damaging my reputation as a seller? The cost of the item was under $15.00 but the mental junk I have gone thru as turned me into a meanie against this women.

People say oh forget it, but I can't I hate that Companies and people like this buyer who lied and destroyed my property and can get away with acting and conducting business this way.

What to do?

Thanks for any input.
 


TheGeekess

Keeper of the Kraken
Freedom of speech doesn't apply to privately owned/leased server space on the Intrawebs. :cool:

Be prepared to offer full refunds if the consumer does not like your product. That is just another cost of doing business.
 

1slittleoldlady

Junior Member
Freedom of speech doesn't apply to privately owned/leased server space on the Intrawebs. :cool:

Why not?

Be prepared to offer full refunds if the consumer does not like your product. That is just another cost of doing business.
Why? Why, should I do that when I stated no refunds? Many stores do not offer refunds.

I am not a store. I am simply doing a "yard sale on line".
 

1slittleoldlady

Junior Member
Amazon... continued

You have no problem with this ^^^^ but you want to blame Amazon for something?


Huh.
I simply feel that I have listed an item for sale that is used, and stated it's condition. I stated no returns and no refunds. I was clear. I followed my states UCC for business.

Amazon did not follow my states UCC, which I might ad is for new items mostly as I understand.

If a buyer buys a new item, that is what they should get. If they buy a 40 year old item, they can not expect new, (unless stated it is new, which I could never understand what that was about) and as I stated it was not described as new. It was a 2nd hand book.

I feel Amazon is wrong for many reasons. But I do think that Amazon if it does nothing should make clear their rules for new item returns, and set up rules if they must, to deal with items that are used.

I blame Amazon for not taking into consideration the fact the book was returned damaged, and would not allow me to send them pictures of the returned book to prove my point.

It is simply wrong to damage a item, return it and expect to get your money back. Amazon encourages that kind of "sport" so they do not loose money in my opinion.
 

Proserpina

Senior Member
I simply feel that I have listed an item for sale that is used, and stated it's condition. I stated no returns and no refunds. I was clear. I followed my states UCC for business.

Amazon did not follow my states UCC, which I might ad is for new items mostly as I understand.

If a buyer buys a new item, that is what they should get. If they buy a 40 year old item, they can not expect new, (unless stated it is new, which I could never understand what that was about) and as I stated it was not described as new. It was a 2nd hand book.

I feel Amazon is wrong for many reasons. But I do think that Amazon if it does nothing should make clear their rules for new item returns, and set up rules if they must, to deal with items that are used.

I blame Amazon for not taking into consideration the fact the book was returned damaged, and would not allow me to send them pictures of the returned book to prove my point.

It is simply wrong to damage a item, return it and expect to get your money back. Amazon encourages that kind of "sport" so they do not loose money in my opinion.

None of which changes what's happened.
 

TheGeekess

Keeper of the Kraken
Why? Why, should I do that when I stated no refunds? Many stores do not offer refunds.

I am not a store. I am simply doing a "yard sale on line".
Then Amazon is not the place for you. eBay isn't the place for you, since you don't want to do refunds.

I suggest you find another place to operate your 'yard sale online'. :cool:
 

Ohiogal

Queen Bee
Why? Why, should I do that when I stated no refunds? Many stores do not offer refunds.

I am not a store. I am simply doing a "yard sale on line".
How much do you earn from your "yard sale on line"? Is it ongoing? Or do you only sell one item every few months or so? Did you read Amazon's terms of service? Do you claim the income from selling these items?
 

BL

Senior Member
Why? Why, should I do that when I stated no refunds? Many stores do not offer refunds.

I am not a store. I am simply doing a "yard sale on line".
Why?

Because first you stated NO refunds.

Then you offered partial. Now your into the refund.

Amazon thought to refund.

I have received refunds off Ebay when appropriate, Damaged/missing items/Not as described. Have kept many Items as described.

In prior years I sold a few Items and always had good feed back.

You did not say if you contacted the buyer first , or just off and sent a partial refund.

As was said ,you can expect that as a seller ,part of doing business.

Yard sale ??? :rolleyes:
 
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1slittleoldlady

Junior Member
Continued

I wrote at some length last night with a reply to you all but I see the person in charge did not allow the post to be placed here.

I guess there is no freedom on speech.

I listed links to Amazon and so forth to show what I was talking about, but from what I see written here, it is a waste of time as you folks are off the subject and I will not get legal advice of any worth here.

The bottom line is yes, I did change my site and am selling else where, No a yard sale is not done in New York in the winter, when I was selling.

It would have been nice if you all had stayed on topic.

END.
 

Ohiogal

Queen Bee
I wrote at some length last night with a reply to you all but I see the person in charge did not allow the post to be placed here.

I guess there is no freedom on speech.

I listed links to Amazon and so forth to show what I was talking about, but from what I see written here, it is a waste of time as you folks are off the subject and I will not get legal advice of any worth here.

The bottom line is yes, I did change my site and am selling else where, No a yard sale is not done in New York in the winter, when I was selling.

It would have been nice if you all had stayed on topic.

END.
Freedom of speech has nothing to do with this website or any privately hosted website. Links are not allowed due to spamming. You are missing the point. If you sell consistently that is not a yard sale. It is a business. Depending on how much you have sold, that is considered a business and not a yard sale. You didn't answer the questions of how much you sell. That matters. Why? Because a yard sale is NOT a business usually. So how much did you sell? How often did you sell items? When selling on Amazon, they have a right to make the terms. You are being hosted by them. When posting here, this site makes the rules.
 

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