Amazon seller - Where do I stand?

[Grimezy]

I bought the missus a little 'Pop!' figure of a Game of Thrones character as a small gift for Christmas (no not her main gift, I'm not that tight). It's arrived today and the box is like completely battered at the back, almost like somebody has stood on it even though the actual delivery packaging seems untouched and padded enough to be up to the task. I've emailed the seller asking them to rectify the issue and sent a couple of pictures but really, I don't know what's going to solve it before Christmas. It's a collectable figure that I'm pretty sure needs to stay in the box because the heads are too big for them to stand freely; therefore the box is pretty much the most important part...

I've asked him for compensation in some form; whether it's a refund or an alternate product as it seems this particular figure is now out of stock. I fully expect to keep the damaged product though if he can't do a like for like replacement. The problem is, I checked his storefront and he literally has nothing else for sale. He has a Thundercats battle tank that is 'currently unavailable' but that's it. He was one of the only people with the figure still in stock otherwise I would have just got it from Amazon but I'm a bit concerned I'm going to end up stuck with a damaged product and no form of compensation.

http://www.amazon.co.uk/gp/aag/main...rID=204-9899881-7049920&seller=A2B0BQUF7N1JIH

That's the link to his storefront. I just want to know if I'm being unreasonable with my requests (it is only a box at the end of the day) and what I should realistically accept as a suitable solution. I've emailed him and am waiting to hear back hence why I thought I'd come and vent on here.

Here's some photos of the box... would you see it as an acceptable 'Brand new' product? Would you still give it as a gift? You can't see the back from the front but it's still not ideal, as soon as you pick up the box you can tell it's in a shoddy state...

 

[nathanjrb]

I'm not sure I can help but I know how you feel!

When I bought my new CPU cooler the box was battered but the product intact. The actual product itself was fine - but I wasn't too chuffed that it looked as if it had been bashed around - and I probably would have had words had it been a gift!

You have my sympathy!

 

[nathanjrb]

Oh and you could always take it out the box and package it in some other creative fashion

 

[DeadEyeDuk]

Oh and you could always take it out the box

http://youtu.be/hEj3uYeBuqs?t=1m10s

http://youtu.be/5XD9P8bhYSA?t=54s

I think their reaction just about some that up

 

[Grimezy]

Haha exactly Dead! I wouldn't mind if it was a normal product as long as it was functional. It's just these figures do NOTHING apart from sit there and look pretty, and to do that they need to be in the nice jazzy box

I know they're not the most collectable of things and it was only £18 but you can literally buy hundreds of these things and I was looking forward to us buying a few of our favourite characters. It would just be a shame to start the collection off with a knackered box..

 

[LFFPicard]

Personally I am very particular about my items, I wont get second hand games or dvd's and any packaging that is damaged even the smallest hole on the dvd sleeve and I return the item for a new one.
What is the point in paying for a NEW item when it is not in a NEW state.

Personally I would demand a refund/replacement, being a collectable they are worth more intact, boxed and in good condition. That is clearly not. So I would not settle for anything less than a replacement or refund.
If he refuses, you take take a claim up with Amazon for the money and end up getting your money back and keeping the product.. It comes down to a matter of principle, if the seller gets away with it they will just do it again and palm of second rate products as new.

You can easily claim the money back under the distance selling act if you have reported and asked for your refund within 7days of receipt of the item regardless of the reason you are entitled to your money back purely on that basis.

 

[mdwh]

Yep, under UK law it's your right to return goods bought online for a full refund within 7 days, for any reason. From https://www.gov.uk/accepting-returns-and-giving-refunds "Online, mail and telephone order customers have the right to cancel for a limited time even if the goods are not faulty. Sales of this kind are known as ‘distance selling’. You must offer a refund to customers who buy through distance selling if they cancel goods within 7 calendar days of receiving them."

If it's more than that, you can still argue it's faulty - if it's within 6 months, the burden is on the seller to prove that it wasn't faulty when you bought it.

 

[ubuysa]

How did you pay? If it was by credit card contact your credit card company, they (I think) bear some liability. If it was PayPal seek a refund.

 

[tom_gr7]

get on amazon live chat mate. if it was described as "brand new" it should be in perfect nick. I'd be tempted to ask for a refund. Like you say, if the box is in good condition the item is going to be worth more in the future.

I guess its up to you, but I'd press for a refund.

 

[Grimezy]

Well luckily the seller was better than I expected and he emailed back this morning saying he'd dispatched a replacement via 1st class and should hopefully be here for Christmas. His excuse was "looks like those royal mail boys have been playing football with it"... If you say so.

So fingers crossed it'll get here in time. This means I'll have to drive to work on Monday when the Christmas party is and abandon my car overnight Poor thing.

 

[ubuysa]

Well luckily the seller was better than I expected and he emailed back this morning saying he'd dispatched a replacement via 1st class and should hopefully be here for Christmas. His excuse was "looks like those royal mail boys have been playing football with it"... If you say so.

So fingers crossed it'll get here in time. This means I'll have to drive to work on Monday when the Christmas party is and abandon my car overnight Poor thing.

Very wise. Remember, never drink and drive. Always drink first and then drive!

Just kidding (in case the thought police and/or the NSA are watching).

 

[Grimezy]

Very wise. Remember, never drink and drive. Always drink first and then drive!

Just kidding (in case the thought police and/or the NSA are watching).

Haha I shall take that advice onboard!

To be fair it starts at midday in the office, we drink champagne and beer for 6 hours and then we all get taxi's into town until midnight onwards. I probably won't be in a fit state to pick it up the next day either.