'My delivery driver took my £700 phone, should Amazon refund me?'

Do you have an issue you need to put right? Which? is here to help get your consumer problems sorted.
Dear Which?,
I ordered a mobile phone off Amazon for £729, but when the parcel arrived, it was empty.
I heard the parcel being placed on the gravel drive outside, so the phone couldn’t have gone missing in the short time before I brought it into the house.
To me, the most likely explanation is the delivery driver stole it.
I've reported the incident to the police and notified Amazon. However, the company is refusing to replace the phone or refund me. It insists the parcel was delivered safely - I think because, before the delivery, the driver asked me to provide my one-time password over the phone. In retrospect, I shouldn't have done this, but the driver was very persuasive.
Is there anything I can do to get my £729 back?
Daniel, Oxfordshire
Put to Rights
Charlotte Gifford, Which? money expert, says:
It's so frustrating that Amazon says you received the phone, when quite clearly you didn't.
Part of the issue here is the delivery driver talked you into giving up your one-time password (OTP) over the phone. OTPs - provided by Amazon for orders of high-value items - are meant to ensure that such orders are handed over in person. Since Amazon can see the OTP was shared, it's arguing this must have happened and therefore you received the order safe and sound.
But the fact is that Amazon still owes you a refund for the missing item. Under the Consumer Rights Act, deliveries must be made within 30 days from the point of purchase, or you're entitled to your money back.
We contacted Amazon asking it to reconsider its decision and I'm pleased to say that the company has now agreed to refund you in full. It told us: ‘We have very high standards for our delivery service providers and how they serve customers. We are investigating the incident and have worked directly with the customer to make things right.’
Need to Know
- If it's been under 14 days and you're fed up with waiting for an order, you may be able to cancel it under the Consumer Contracts Regulations and get a full refund. See our step-by-step guide to cancelling your online order.
- If your delivery is late, missing or damaged, we can help you make a complaint to arrange a delivery date or get a refund.
- Contact your local police if you believe your delivery has been stolen. You should provide them with photographic evidence, as well as any correspondence with the retailer.
Get in touch. If you’ve experienced any issues securing a refund for a missing or stolen item, get in touch with us at yourstory@which.co.uk.
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