amazon not sending goods

toobs

i recently ordered a limited edition book from amazon uk.
i was due to receive first week november.
i have since received emails stating i will not receive until January.
i ordered this book as an investment and already the auction price has tripled.
my question is;
amazon offered the book for sale, i accepted the offer, and gave my payment details. no payment has been taken yet.
i have entered into a contract with amazon.
can i insist that the book be delivered?
can i sue for the difference in the increased value?

enfield_freddy

how can they accept an offer until the auction has finished?

toobs

this wasnt an auction, it was a purchase from amazon site
this book has sold out worldwide and i dont believe i will receive a copy

tykesi

Check the terms and conditions of the sale but I'd imagine no contract is formed until dispatch so whether you get it or not they probably haven't broken any contract.

enfield_freddy

amazon , no contract and no payment taken until dispatch

RFW

toobs wrote: »

my question is;
amazon offered the book for sale, i accepted the offer, and gave my payment details. no payment has been taken yet.
i have entered into a contract with amazon.
can i insist that the book be delivered?
can i sue for the difference in the increased value?

Amazon can't deliver a book to you that they haven't got.

Yes, you can sue, if you like, will you win? Probably not. Especially as you'll most probably have received the book by the time it ever even got to court.

You haven't actually lost anything, apart from a few seconds of your time.
Complain to Amazon and see what they say but it's a supply problem.

toobs

i was under impression that if an item is offered for sale = offer of contract by seller.
if offer of sale is accepted by buyer = acceptance of offer by buyer
therefore a contract has been made between buyer and seller.
if seller cannot fulfill his part of the contract then has buyer the right to insist on delivery of goods from another supplier at a higher price, with original seller paying difference.

I_have_spoken

i have entered into a contract with amazon.

Afraid not, all the e-retailers are fly to this after the 99p Sony TV debacle a few years back. Their T&Cs are now watertight, the web-site is an 'invitation to treat' and no contract is formed until goods are despatched.

StumpyPumpy

toobs wrote: »

i have since received emails stating i will not receive until January.

toobs wrote: »

already the auction price has tripled.

My guess would be that statement 2 is only true because of statement 1.

toobs

have checked amazons t&c.
i have no chance of claim if book doesn't get delivered.
pity, i ordered at £85
book sold out worldwide and is being advertised at around £600 secondhand.
bob dylan book limited to 2500 copies worldwide.

enfield_freddy

do you want to by a photo copied copy , you can have it for £50