Amazon Marketplace and Miss prices

Nevynxxx

. . Hi, I'm looking for some advice, since everything I've searched on the old google hasn't been applicable.

Amazon's t&c's specifically state:

"[FONT=verdana,arial,helvetica][SIZE=-1]What we do about mispricings[/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]Despite our best efforts, a small number of the more than 1.5 million items in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. [/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. [/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.[/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]Please note that this policy applies only to products sold and shipped by Amazon.co.uk."
[/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]emphasis mine.
[/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]
[/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]I have an amazon marketplace order that has been canceled due to a miss-price. It is an amazon.co.uk Marketplace seller. My confirmation email reads in the smallprint, thus:[/SIZE][/FONT]
"Please note that for items ordered from Amazon.co.uk this e-mail is only an acknowledgement of receipt of your order and your contract to purchase these items is not complete until we send you an e-mail notifying you that the items have been dispatched to you. For items purchased from third parties in Marketplace, zShops or Auctions, this e-mail confirms the completion of your contract to purchase those items."
again, emphasis mine.
Now, I believe that there is a contract in place for the seller to sell me the item at the incorrect price, and hence that they are in breach of contract by cancelling the order. Amazon and the seller seem to disagree.

Who's right?

[FONT=verdana,arial,helvetica][SIZE=-1]I should probably also note that as yet no money has changed hands...
[/SIZE][/FONT]

finbow

Contract is formed when the seller has communicated its acceptance, communicating receipt of your offer which is what you have received would not constitute acceptance.

http://www.out-law.com/page-394

zenseeker

Seeing as no money has changed hands, I don't think there is much you can do about it, I'm think that sellers are covered by the same T&C so they have a right to not sell.

lonely_mind29

zenseeker wrote: »

Seeing as no money has changed hands, I don't think there is much you can do about it, I'm think that sellers are covered by the same T&C so they have a right to not sell.

Are you serious?

That's a complete joke!! :mad:

zenseeker

lonely_mind29 wrote: »

Are you serious?

That's a complete joke!! :mad:

I'm not stating that as fact mind you, but I'm sure that the law is on the sellers side. No money has changed hands, so there is no contract. All you are doing when you place your order is to offer to buy the item, but that offer is not considered accepted until you have paid. I may be wrong though, but I'm sure that this is the gist of the law.

Nevynxxx

zenseeker wrote: »

I'm not stating that as fact mind you, but I'm sure that the law is on the sellers side. No money has changed hands, so there is no contract. All you are doing when you place your order is to offer to buy the item, but that offer is not considered accepted until you have paid. I may be wrong though, but I'm sure that this is the gist of the law.

I am told that money changing hands is execution of the contract, I am arguing that a contract has been made, and should be stuck to.

What would happen if it was the other way round, and I wanted to cancel this because I had say, ordered a wrong part? Would the seller hold me to the contract and force me to pay to send the incorrect item back under my statuary rights? Costing me two lots of delivery charges? Most would!

Nevynxxx

finbow wrote: »

Contract is formed when the seller has communicated its acceptance, communicating receipt of your offer which is what you have received would not constitute acceptance.

http://www.out-law.com/page-394

Please read the second quote above, in the confirmation email, it specifically states that it is completion of the contract to purchase...

The "cosiderations" section of your link, may be problematic, as there could be the chnce the seller is making no profit, rather than just less than they would like.....Interesting.....

zenseeker

Nevynxxx wrote: »

I am told that money changing hands is execution of the contract, I am arguing that a contract has been made, and should be stuck to.

What would happen if it was the other way round, and I wanted to cancel this because I had say, ordered a wrong part? Would the seller hold me to the contract and force me to pay to send the incorrect item back under my statuary rights? Costing me two lots of delivery charges? Most would!

That is a different thing, it is considered your responsibility to make sure that you have ordered the item that you want. But that said, most sellers are reasonable people and would agree to not go ahead if you explained, and you have the right to return the item...yes it will cost you in P+P but then you should check that you are ordering the right thing before hitting the submit button.

The problem with listings is that mistakes can creep in, so much so that T&C are written to cover that eventuality and to protect the seller.

The only way that you are going to be 100% sure is to phone Amazon, they know better than anyone here and you will have your answer within minutes.

0800 496 1081 (lines open 8am - 6pm Mon-Sat)

Nevynxxx

zenseeker wrote: »

yes it will cost you in P+P but then you should check that you are ordering the right thing before hitting the submit button.

They do not have to check that they have typed in the correct number before they hit submit? Both are mistakes. I am interested in whether a contract exists, and is enforceable, not whether it is right to take advantage of it that is a matter for the individual morals.

Another interesting angle; If this doesn't form a contract, why would the email *say* it does, and what benefit does Amazon get from saying that it is in the case of Market place, etc but not in the case of It's own sales?

The Market place t&c's are also ambiguous on this, putting the onus on the seller to be nice to the customer....

sco0ter

Nevynxxx wrote: »

. . Hi, I'm looking for some advice, since everything I've searched on the old google hasn't been applicable.

Amazon's t&c's specifically state:

"[FONT=verdana,arial,helvetica][SIZE=-1]What we do about mispricings[/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]Despite our best efforts, a small number of the more than 1.5 million items in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. [/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. [/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.[/SIZE][/FONT]
[FONT=verdana,arial,helvetica][SIZE=-1]Please note that this policy applies only to products sold and shipped by Amazon.co.uk." [/SIZE][/FONT]

[FONT=verdana,arial,helvetica][SIZE=-1]emphasis mine. [/SIZE][/FONT]



[FONT=verdana,arial,helvetica][SIZE=-1]I have an amazon marketplace order that has been canceled due to a miss-price. It is an amazon.co.uk Marketplace seller. My confirmation email reads in the smallprint, thus:[/SIZE][/FONT]
"Please note that for items ordered from Amazon.co.uk this e-mail is only an acknowledgement of receipt of your order and your contract to purchase these items is not complete until we send you an e-mail notifying you that the items have been dispatched to you. For items purchased from third parties in Marketplace, zShops or Auctions, this e-mail confirms the completion of your contract to purchase those items."
again, emphasis mine.
Now, I believe that there is a contract in place for the seller to sell me the item at the incorrect price, and hence that they are in breach of contract by cancelling the order. Amazon and the seller seem to disagree.

Who's right?

[FONT=verdana,arial,helvetica][SIZE=-1]I should probably also note that as yet no money has changed hands...[/SIZE][/FONT]

As the small print says.. "this e-mail confirms the completion of your contract to purchase those items" the emphasis being here that YOUR contract to purchase NOT the sellers contract to SELL. Maybe when the money was taken would there be any cause for debate as they would have accepted your "OFFER" and maybe then you could have had a grievance.

That said there has been cases (apple I think it was) that had charged people for misspriced IPOD's, £20 instead of £120 and nothing happened there after they were all cancelled

sco0ter

Nevynxxx wrote: »

Another interesting angle; If this doesn't form a contract, why would the email *say* it does, and what benefit does Amazon get from saying that it is in the case of Market place, etc but not in the case of It's own sales?

As I had said in my other post the contract is from YOU to THEM only half is formed. The half where you have agreed to buy. If you had put in an extrordinary amount say 100 of the items would you be expected to be held to the contract over a "Mistake"??. NO you would send an e-mail or cancell the order and rectify it the same as the market place seller has done.

Amazon is a larger company and therefore could absorb most missprices with no problem and can also avoid any bad press/ unsatisfied customers. Marketplace is individual sellers who Amazon have no real control over and therefore by using a disclaimer they cannot be held accountable for these sellers.