Breach of contract by Amazon - remedies?

andrew132

Recently bought a product from Amazon with expedited delivery however the item was never received. As per their T&Cs the contract is accepted by them when a dispatch email is sent - which it was. The item has shown as dispatched but is not traceable due to a 'technical' error.

I am happy I can receive a refund and they will be forth coming with this however this isn't the problem. (Incidently, as the item was late they have already refunded the delivery charge)

Amazon were the cheapest option online for this product by 20% however now looking at their website for re-ordering the product there is now a 2-6 week waiting time - which I am not prepared to wait for. I paid for expedited delivery as I wanted the product ASAP.

From my knowledge of contract law, there is a contact as it met their T&Cs and it was clear that the product was meant to be delievered by a set date as set by Amazon.

Can I go and order from the next competitive company online and reclaim the difference from Amazon via the courts if they aren't forth coming? (Remdy for a breach of contract)

I would be using the next cheapest competitor to try and keep costs to a minimum.

visidigi

umm - the courier lost it, not Amazon - Amazon tried to get the item to you, they are only obliged to put you back in the standing you were in prior to purchase, which they do so by way of a full refund.

The item being out of stock is because they are the cheapest. You either buy it and wait (amazon's wait times tend to be worst case when its shown as out of stock) or you get a refund.

Like I say, you only need to be put back to the position you were in prior to placing the order. This they are doing by way of a refund.