Can Amazon refuse to provide a replacement hard drive?
LEAD CASE
Q In January, I ordered a brand new Seagate ST1000VM002 Pipeline HD 1 TB internal hard drive for £19.99 from Amazon Marketplace seller Melkor. But I was sent one that had been used and was made in 2013.
I asked Amazon for a new replacement, but it only offered me a refund because it says it can’t replace items sold by third parties. Is that legal?
Danny Ward
A Yes, it’s legal. This is because Amazon is acting only as the fulfilment agent for another seller on its Marketplace. Its contract with Melkor requires it to deliver goods, handle returns, and follow its policy on repairs, complaints and refunds.
This doesn’t mean Melkor has no legal responsibilities, but if it can’t supply what Danny ordered – nor repairpay postage and packaging to buy the hard drive from elsewhere. That’s true and frustrating, but it doesn’t alter his legal situation with Melkor.
