Amazon query

aaron_82

Hi All

I recently joined Amazon for the first time in order to purchase a product for my wife. The product in question was advertised free UK shipping and the price was £55.99. I followed the instructions and I paid via my debit card. I then received confirmation from my bank that the money had been taken, I then received an email confirming my item was despatched and would arrive within 3-5 working days and I thought that was everything sorted. I then received an email sometime later from the seller demanding I pay another £10.99 for shipping as Northern Ireland is obviously not part of the mainland UK. I contacted the seller and explained that during the payment process I was never prompted to pay this extra charge and that I thought it rather unfair that after they had accepted and taken funds from my account and also sent me confirmation that my product was despatched that they were now telling me that in fact the item wasnt shipped and would not be shipped unless I paid the extra shipping costs and that 3rd party issues where to blame and not the seller for me receiving confirmation of despatch and funds being taken from my account. I contacted Amazon firstly to see if this seller was legit and secondly to see if the seller had the right to treat me like this. Amazon customer care contacted me back to say they would investigate, I have been embroiled in endless email traffic and phonecalls for 10 days now and I just received an email back from Amazon saying that I would get a full refund from the seller and that this could take a further 5 working days. Where do I stand as a consumer? How does the law judge this? I really need some sound advice as I am not happy at all at just being fobbed off. If I went into a shop and gave the person at the till the amount advertised on the product and they took my money and I left the shop does that shop have the right to then chase after me asking for more money after the transaction has been completed? Help Please.

Regards
Aaron

visidigi

The shop comparison isn't valid, as your product never left the seller in this scenario.

The seller only had to put you back in the position you were in before you purchased the item - which they are doing via means of a full refund.

Nothing more to really say about it...

JimmyTheWig

I agree with visidigi.
You have no power to force them to sell it to you at the price they quoted.
The best you can ever hope for, legally, in these situations is a full refund. They've offered that.

You can either take them up on their refund, go ahead with the purchase on their terms or try and ask nicely if they'll honour the price they quoted.
Remember that they are under no obligation to honour this price, so if they don't want to they won't. Which is why you have to ask nicely!

stork_2

If you have a contract with the seller, then you're entitled to insist that the goods be supplied at the agreed price. The Marketplace terms might help to establish the point at which the contract is made. Although some retailers claim that no contract exists until they dispatch goods, this approach is open to challenge as it is manifestly unfair.

As far as I can see, Marketplace rules are that delivery rates should include NI:

"All sellers are required to offer Domestic Standard delivery; they may also elect to offer Domestic Express Delivery UK. Domestic shipments include addresses in Mainland UK, PO Boxes, Channel Islands, Northern Ireland, Outer Hebrides and BFPO addresses."

A breach of Marketplace rules, just like the use of an unfair practice, doesn't give you a right to claim anything more than a refund, whereas a breach of contract might.

In any case, you could and should leave negative feedback against the seller.

aaron_82

Thanks for your responses. I'm more disappointed than anything, I just thought that because I received confirmation of despatch a confirmation of payment from Amazon and my account had been debited that this was enough to make me the customer feel that the transaction had been completed, but I guess I am very wrong as it seems. I'm obviously going to use Amazon again after this so in future I will be more careful.

Regards
Aaron

harrys_dad

There is a difference between Amazon and Amazon Marketplace.

JimmyTheWig

aaron_82 wrote: »

I just thought that because I received confirmation of despatch

I believe that if dispatch had actually happened then things would be different. But I don't think them saying that it had happened counts for anything.

lucy03

stork wrote: »

If you have a contract with the seller, then you're entitled to insist that the goods be supplied at the agreed price. The Marketplace terms might help to establish the point at which the contract is made.

You have a right to insist but you don't have a legal right to require the seller to ship the goods.

stork_2

lucy03 wrote: »

You have a right to insist but you don't have a legal right to require the seller to ship the goods.

Yes, technically correct. If there's a contract and the supplier doesn't supply, then there's a breach of contract, in which case your claim would ultimately be for damages rather than for an order forcing them to supply the goods (except in the rare cases where specific performance is available as a remedy).

lucy03

stork wrote: »

Yes, technically correct. If there's a contract and the supplier doesn't supply, then there's a breach of contract, in which case your claim would ultimately be for damages rather than for an order forcing them to supply the goods (except in the rare cases where specific performance is available as a remedy).

The claim would be for loss of bargain which is notoriously difficult to pursue. Back to the OP's question the seller's refusal to send would as I understand cause a defect to be caused in their Amazon Marketplace account but in reality there's IMO no realistic legal avenue to pursue here.