Can they do this??

jprmoore

My girlfriend recently ordered a textbook for me from a seller in the amazon marketplace (a new book from a "bookshop").
It was an excellent deal, approx £100 less than usual selling price. Her card was charged and then 1 week later (last night) she recieved an email saying that the book had been sold on another marketplace and that it was no longer in stock and that they had refunded the money to her card.
On checking on the amazon marketplace, the book was advertised for sale from the same seller for a price similar to the RRP. It seems to me that they erroneously advertised it for a cheap price and have tried to back track on realising their mistake!!!

Do i have any comeback on this as there was no offer to wait for another copy etc... (I still want the book!)

Thanks!

Stonk

It all hinges on whether a contract was formed. It is often quite difficult to determine when a contract is formed with internet purchases - it could be when the website responds saying "thanks for your order", or it could be when you receive a confirmation email, or it could be when payment is taken. You'd need to delve into the small print.

However, since payment was taken from you (the latest of the usual possibilities), I suspect that a contract was formed, and you are in a strong position.

If it was, then the supplier must supply the book at the price agreed, or otherwise compensate you for the extra you have to pay to source the goods elsewhere.

BoltonMinx

Hmm bit of a shady area as you are paying Amazon who are then paying the seller. When I get my Sold, Dispatch Now emails, there is a link to provide a refund if the item is no longer available.

---

You have agreed to dispatch no later than two working days
after the buyer's purchase on xx.xx.xxxx.
In the unfortunate case that you cannot provide the item that
you have sold, you should issue a full refund through your
Payments account:

Bossyboots

Stonk wrote:

It all hinges on whether a contract was formed. It is often quite difficult to determine when a contract is formed with internet purchases - it could be when the website responds saying "thanks for your order", or it could be when you receive a confirmation email, or it could be when payment is taken. You'd need to delve into the small print.

However, since payment was taken from you (the latest of the usual possibilities), I suspect that a contract was formed, and you are in a strong position.

If it was, then the supplier must supply the book at the price agreed, or otherwise compensate you for the extra you have to pay to source the goods elsewhere.

Unless the T&Cs say differently an contract is formed on an internet purchase when the item is despatched.

Stonk

Bossyboots wrote:

Unless the T&Cs say differently an contract is formed on an internet purchase when the item is despatched.

Doesn't the fact that they took the money form the contract? I thought it was a grey area, which is why most internet shops charge and depatch simultaneously.
I could be wrong - probably applying too much Real World logic to the internet!

Xbigman

Supposedly Amazon takes the money and advises that delivery will be 'x' number of days. The money is then released by Amazon after that many days to the seller. If the seller notifies Amazon the sale cannot be completed and to refund the money, then they never actually have it.
Regards




X

Outtathaway

Xbigman wrote:

Supposedly Amazon takes the money and advises that delivery will be 'x' number of days. The money is then released by Amazon after that many days to the seller. If the seller notifies Amazon the sale cannot be completed and to refund the money, then they never actually have it.
Regards




X

Nope, Amazon gives the money to the seller as soon as the buyer pays for the item

Turning_into_scrooge

Outtathaway wrote:

Nope, Amazon gives the money to the seller as soon as the buyer pays for the item

It can also be transfered into the sellers bank account as soon as the money is received by Amazon too. Takes about 4/5 working days for it to credit into your bank account.

Voyager2002

It seems the seller made a genuine mistake. Can you reasonably expect them to lose money as a result?

Perhaps you could send them a nice email saying how disappointed you are at not getting the book, and asking for them to knock a few quid off the price at which they are currently selling it, as a good-will gesture.

Bossyboots

Stonk wrote:

Doesn't the fact that they took the money form the contract? I thought it was a grey area, which is why most internet shops charge and depatch simultaneously.
I could be wrong - probably applying too much Real World logic to the internet!

No, the contract is effective on despatch for items ordered online. That is why lots of people thought they were getting a bargain TV a while ago when in fact none were sent out even though money was taken. It was stated then that no contract to supply existed because the items had not been despatched.