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Query about price changes

I recently bought an item from a used seller on amazon only to be told that it had 'failed quality inspection' and was 'unplayable' and will be 'sent to recycling'. They also reassured me that they have a large turnover and that they may again stock this item in future.

If it becomes available in the future, at the same condition as previously advertised, then can I request to have that copy at the previous price?

I wouldn't ordinarily be suspicious, but this is the second time this has happened with this seller. I suspect that they have realised they were selling it at too low a price and then withdrew the product and told me that the copy I had bought 'failed quality inspection'. Then they relist the item at a later date at a higher price.

Are they fully entitled to do this or are they violating trading standards? Do I have the right to request a replacement item when one becomes available on the same terms as the original purchase?

Many thanks for any input!
Chris

Comments

  • real1314
    real1314 Posts: 4,432 Forumite
    No seller has to agree to make a sale. The "price" is actually your offer for the goods, to which the seller can agree or decline. Therefore you have no right to have any goods for a stated price under law.

    However, advertsing / promoting an incorrect price may be an offence under trading standards laws. It is Trading Standards who would act on this, with the consequences being a fine against the company if an offence is proven.
  • CRM_2
    CRM_2 Posts: 9 Forumite
    Part of the Furniture Combo Breaker
    However, advertsing / promoting an incorrect price may be an offence under trading standards laws. It is Trading Standards who would act on this, with the consequences being a fine against the company if an offence is proven.

    This is what I am suggesting, but it is hard to see how to prove it. Do sellers have no obligation to sell under the price they advertise at? it seems likely to me that their practice is:

    1. Undercut the price of the competitor through an automatic system.
    2. Make a sale
    3. If the sale proves to be unprofitable, give a refund under the premise that 'the item was faulty', despite them originally advertising the item as 'very good' quality.
    4. Relist the exact same item at a later date at a higher price.

    I look at the prices of items I purchase a lot more regularly than most consumers and know when I am getting a bargain. I do still feel slightly cheated when I think I have got a bargain only to be told that they have made a mistake. Not just once, but twice. Leaving bad feedback is particularly ineffectual in this case given the volume of their trade.
    No seller has to agree to make a sale. The "price" is actually your offer for the goods, to which the seller can agree or decline. Therefore you have no right to have any goods for a stated price under law.

    How does this work? When does it become an actual contract? The company advertised that price and at 'very good' condition, I purchased it at that price, they recieved the money for the item and then they marked it as being 'dispatched'. Only after that did they contact me to cancel the order. Does the seller have the right to cancel the contract (if one exists) in whatever manner they see fit? The first item they did this for is now advertised at a slightly more expensive price 2 weeks later. Maybe it is a different copy, but in the email they sent me, they told me that no other copies were available.

    Don't get me wrong, I will still probably purchase from this seller. They are usually very good value, but it seems a strange way to do business. If they choose to do it this way, they should be prepared for the consequences.
  • squack
    squack Posts: 633 Forumite
    was the seller called "z0verstocks" by any chance? ;)
    squaaaaaaaaacccckkkkkk!!!! :money:
  • furrylamp
    furrylamp Posts: 10 Forumite
    squack wrote: »
    was the seller called "z0verstocks" by any chance? ;)

    I have bought many cds and dvds from them on play and amazon and had no problems whatsoever
  • antrobus
    antrobus Posts: 17,386 Forumite
    CRM wrote: »
    ... How does this work? When does it become an actual contract? The company advertised that price and at 'very good' condition, I purchased it at that price, they recieved the money for the item and then they marked it as being 'dispatched'. Only after that did they contact me to cancel the order. ...

    In those specific circumstances - seller has confirmed order, seller has taken the money, seller has confirmed dispatch of goods - then a sale contract clearly exists, and seller is in breach of contract by not delivering the goods.

    Of course whether this is of any practical value to the disappointed buyer is something else. Taking legal action against the seller for the loss of the bargain might be succeed, but is unlikely to be worth the time and effort involved. The best course of action is likely to be a letter of complaint to the seller in the hope of receiving (maybe) a £5 credit off a future sale. (Or something like that.)
  • Emmarillo
    Emmarillo Posts: 513 Forumite
    Part of the Furniture Combo Breaker
    furrylamp wrote: »
    I have bought many cds and dvds from them on play and amazon and had no problems whatsoever

    I have too, many many items. Once I got sent the wrong item and they sorted it out very quickly and efficiently.
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