Amazon.com Prime Electronics Amazon.com/marketplace New York

Refund for Item: Apple iPhone 5 16GB (Black) - Unlocked Order 002-6003867-2332239

I was ordering iPhone 5S with gold colour. At the final stage of the order, I got new options to order the product at few dollars cheaper. Unfortunately, I clicked that option and ended up with the wrong item. I opened the package and I was surprised with the black colour. I still took it to get connected where I was told that it was not iPhone 5S but it was iPhone 5. I had never seen any iPhone 5. I did not get the phone connected and simply started the process of refund.

I hence requested AMAZON.COM for refund. They approved the refund and sent me and email on November 15, 2013 instructing me to print the refund papers and send the item back to the seller. In good faith, I simply followed the instructions of AMAZON.COM and returned the item.

To my utter surprise the seller said the phone was used and they cannot refund the full amount. Honestly, I have not used this phone at all. My only fault was that I opened the package.

After my complaint an Amazon.com A-to-z Guarantee claim was filed on November 18, 2013 for order #002-6003867-2332239

Immediately they closed my A-to-z Guarantee claim for this order because the seller has issued a refund in the amount of $350.00 on November 18, 2013, which is almost half of what I had paid.

I went back to the customer services and A-to-z Guarantee Claim was filed on 11/19/2013 once again for order #002-6003867-2332239.

Immediately, the A-to-z Guarantee Claim was closed on 11/19/2013 because it was iPhone 5.

My A-to-z complain was about the fact that the phone was used (supporting buyer’s claim) or not used as I assert. Instead of going deeper into their investigation, A-to-z Claim has closed the case twice in favour of the seller.

I want them to fully find out if the phone was used or not used, which is theme of conflict between the seller and the buyer ie, me.  I have paid $694.94 and got a refund of $350. Had AMAZON.COM not approved the refund and not sent the email dated November 15, 2013, I would at least have the phone. Now I have nothing and I have been simply reaped off my $ 344.94 only because I bought the item through AMAZON.COM.  I did not find the desired colour in the local shops and went to AMAZON.COM. Had I bought it from local shop I would have received the item I wanted.

I asked the seller, PRIME ELECTRONICS, “Thank you for your email. Is it possible to get the phone back as it is? If so, how much will it cost me to cover the postage? At least I will have the phone.”

The seller, PRIME ELECTRONICS replied,  “We issued $350 refund and Amazon processed it. For that reason we cannot return you iPhone. We're going to list it as Used-Like new.”

My last effort to AMAZON.COM appeal to get justice also went in vain. However, this time they said

“This item was received in complete different condition then what they had shipped to you. Any item that is not in its original condition, is damaged, or is missing parts for reasons not due to our error: you'll receive up to 50% of item's price.” Please note here, they have changed the reason from “You got what you ordered”to “item was not in the original condition.”

A-to-z guarantee is always in a hurry to make a decision in favour of the seller and it is more or less sellers guarantee instead of buyers guarantee. I have lost my $344.94 because I had opened the package but the phone was never used!