HELP: Amazon Seller cancelled sale due to "price error"

KirstyRebecca

Hi,
Yesterday I bought a PS3 from a seller on Amazon for £28 (including £2 P&P). This morning I received an email stating that my order had been cancelled due to a "seller pricing error"

Surely because I'd already bought and paid for it, I should still get the product. It was the seller's mistake not mine, so why should I lose out?!

The seller is now relisting the PS3 for £92.99 and £2 P&P. (easy to confuse £92 with £26, lol :P)

Just wondering where I stand on this and do I have any rights to get the PS3 for the price I paid?

Thanks

wealdroam

KirstyRebecca wrote: »

Just wondering where I stand on this and do I have any rights to get the PS3 for the price I paid?

Probably not. It depends on when the contract was formed.

Most online retailers state that a contract is formed when the goods are despatched, and I imagine Amazon and their sellers do that.

If that's the case, then you are entitled to nothing more than the refund.

Check the T&Cs of the seller and/or those of Amazon.

frugal_mike

The seller is free to refuse your offer of £28. Until your offer is accepted then the contract has not formed. If you check the terms and conditions of most online sellers they will say the contract forms on dispatch.

KirstyRebecca

Thankyou, Amazon live chat are now investigating the matter further. The seller has emailed me back saying that if I buy another console from them, they will give me a £10 discount. Does this count as bait and switch?

societys_child

Surely because I'd already bought and paid for it, I should still get the product. It was the seller's mistake not mine, so why should I lose out?!

You're not "losing out", you're just not "gaining". (Seller would have been losing out big style)

The contract isn't formed until dispatch.

custardy

KirstyRebecca wrote: »

Thankyou, Amazon live chat are now investigating the matter further. The seller has emailed me back saying that if I buy another console from them, they will give me a £10 discount. Does this count as bait and switch?

Calm down Kirsty.
Take the offer or move on

KirstyRebecca

I have lost out on a PS3 which I had paid for and assumed was on it's way to me. I also have purchased some games and no longer have a console to play them on.

societys_child

Does this count as bait and switch?

No.

The seller made a mistake and is allowed to rectify it.

KirstyRebecca

custardy wrote: »

Calm down Kirsty.
Take the offer or move on

I am calm, I just don't see why they don't honour the purchase seeing as I had already paid for it.
If I bought something in Tesco, for example, which was listed at X price but was supposed to be Y price, once I have paid for the product it is mine and they can't ask for it back because it's their mistake.

Was just wondering if I could claim bait and switch?

CoolHotCold

No

Yes in Tesco a contract is formed when payment is taken in exchange for goods.


Just like this case, you haven't gotten the goods yet and they haven't been dispatched so no contract has been formed.




You tried, thats fine, they noticed, thats fine. Don't try to get something you're not morally or legally entitled to.

societys_child

On the other hand, if you went into a shop, bought something and the shopkeeper made a mistake and gave you £10 too much change, do you point out the mistake or walk away with extra £10?