Mis-Price where they HAVE taken the money?

Jakg

I bought some items from an Amazon market place seller (on Friday) which were cheaper than usual - I have now received an email from them telling me it was an incorrect price and they have cancelled my order.

This would be all good and well - but my A&L account went down by the amount of the order in the "Available Balance", and on my statement nothing past the 8th is showing yet.

I understand the contract is only finalised when the payment is taken - but they have taken payment as far as i'm aware.

Is there anything i can do? I used an Amazon voucher towards the purchase and I have no idea whats gonna happen to the voucher, either....

Mark_Hewitt

No, they can refund your money if they want and not give you the item.

The contract is only complete when they have taken your money AND you have received the goods.

dmg24

It really depends on what is detailed in the contract that you agreed to. The contract may have been formed when the money was taken, or when the items were despatched ... or at several other points in the process!

Jakg

From the original "thanks for your order" email.

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, this e-mail confirms the completion of your contract to purchase those items.

dmg24

Jakg wrote: »

From the original "thanks for your order" email.

In that case, I would agree that the contract has been formed. The other issue to consider is mistake, whereby the contract may be rescinded if the mistake should have been obvious to you.

How much cheaper than usual was the item?

Jakg

A lot - the "worst" item was a £65 item for £25.

pinkshoes

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, this e-mail confirms the completion of your contract to purchase those items.

The text is ambiguous... I read it as the word "THIS" referring to the email they send notifying you that the items have been dispatched, but it will come from a third party!

dmg24

pinkshoes wrote: »

The text is ambiguous... I read it as the word "THIS" referring to the email they send notifying you that the items have been dispatched, but it will come from a third party!

Good point. Now I can't decide which way to read it!

Ozymandias

Just received my email form the market place seller cancelling my order as well. Hey ho ...

Jakg

They are now claiming Amazon cannot enforce or agree to a contract between me and a third party... :X