fullfilled by amazon prime

molerat

unholyangel wrote: »

They could take them to court - and they'd win (think the case thats relevant is hartog v colins & shields - or it may be shields & colins in which the judgement said " I have seen the witnesses and heard them, and in this case can form no other view than that there was an accident. The offer was wrongly expressed, and the defendants by their evidence, and by the correspondence, have satisfied me that the plaintiff could not reasonably have supposed that that offer contained the offerers' real intention. Indeed, I am satisfied to the contrary. That means that there must be judgment for the defendants.")

Of course whether they'd be able to afford legal action or not is another matter.

I do not think that case is really relevant as the seller did not complete the transaction and it was the buyer that sued the seller for breach of contract. In the op's case the contract has been completed.

System

MEMBER02 wrote: »

now as ive paid for these items using a amazon gift certificate have they any legal right regarding this?items will be delivered sunday,i spoke to amazon who told me to refuse delivery but why should i,ive paid for items and amazon have despatched them so the contract as been fullfilled,surely amazon are liable,any advice welcomed

You should because it's the right thing to do? These are just people trying to make a living, not multinationals with a tax base in Luxembourg who we all love to hate but keep buying prime memberships for. Can you imagine the email you'd write if your livelihood was about to go up in smoke?

Even worse for these sellers is that they won't even get your 1p. Amazon will take a commission (on some categories a minimum of £1.25) then what they call "FBA Pick & Pack fee per unit" and another "FBA weight handling fee". Essentially the seller pays Amazon for the p&p. Wonder where that prime money goes?

They'll likely be a few pounds down per order, in addition to their wiped out stock. A possible pricing error? :rotfl:

And as for the contract, it's more confusing than others have made out. The buyer pays Amazon, who then process and dispatch the order. The seller has no opportunity to either accept or reject these orders, it's in Amazon's hands all the way.

robatwork

The OP hasn't actually said what he bought, what the price was, and what the price should have been.

Until he says the above I won't comment and we are all assuming.

AJXX

mutzi wrote: »

You should because it's the right thing to do? These are just people trying to make a living, not multinationals with a tax base in Luxembourg who we all love to hate but keep buying prime memberships for. Can you imagine the email you'd write if your livelihood was about to go up in smoke?

I agree 100% with this. Just send the items back and/or agree to cancel the order as the email requests.

All the people saying keep the stuff/they have no comeback are really disgusting, while the email is threatening these people are clutching at straws as to not loose their business - I'm sure you'd do the same in their situation.

It wasn't the sellers fault from what I've read, we all know that Amazon won't hold their hands up. So these people loose their livelihoods because of their so called "customers" are too entitled and uppity to just do a simple return as requested by the seller.

visidigi

http://www.dailymail.co.uk/news/article-2873409/Amazon-1p-sales-bonanza-computer-glitch-misprices-thousands-items-including-headphones-clothes-gifts.html

Eye-watering numbers for small businesses

ThumbRemote

mutzi wrote: »

You should because it's the right thing to do? These are just people trying to make a living, not multinationals with a tax base in Luxembourg who we all love to hate but keep buying prime memberships for. Can you imagine the email you'd write if your livelihood was about to go up in smoke?

I suspect it would be pleading, not threatening.

As has been said many times on here, if you go into a store asking nicely you'll probably get much further than making threats about what will happen if they don't do what you want. That works both ways.

marleyboy

AJXX wrote: »

I agree 100% with this. Just send the items back and/or agree to cancel the order as the email requests.

All the people saying keep the stuff/they have no comeback are really disgusting, while the email is threatening these people are clutching at straws as to not loose their business - I'm sure you'd do the same in their situation.

It wasn't the sellers fault from what I've read, we all know that Amazon won't hold their hands up. So these people loose their livelihoods because of their so called "customers" are too entitled and uppity to just do a simple return as requested by the seller.

Were I to receive an e-mail like that, no matter how small a company, I would simply keep the items, sadly so because I may have considered returning items or cancelling orders were they a little more professional in the way they asked. In that respect, there in no way I would do that if I was in their situation.

The reason they are now clutching at straws is not so much because people dived on a glitch. But because they got greedy in using a third party piece of software in an attempt to hoodwink any rival sales. It back fired on them, so no sympathy there.

I am pretty sure that had this third party software cheating app worked, they would have laughingly said, al is fair in business.

So in effect....All is fair in business.

frugal_mike

It does seem like a very dangerous business model. These companies gave all of their stock to Amazon and gave Amazon sole control of accepting offers from customers and for posting the stock to customers. They then gave sole control of prices to a different company, while agreeing that this company was only liable for a fraction of the cost of the stock if there was a mistake. That's a lot of trust to put in third party companies

MEMBER02

marleyboy wrote: »

Were I to receive an e-mail like that, no matter how small a company, I would simply keep the items, sadly so because I may have considered returning items or cancelling orders were they a little more professional in the way they asked. In that respect, there in no way I would do that if I was in their situation.

The reason they are now clutching at straws is not so much because people dived on a glitch. But because they got greedy in using a third party piece of software in an attempt to hoodwink any rival sales. It back fired on them, so no sympathy there.

I am pretty sure that had this third party software cheating app worked, they would have laughingly said, al is fair in business.

So in effect....All is fair in business.

Im not the only one to receive this email from the seller as 3 or 4 others have left neg feedback due to the threatening manner of the email,had the company aproached customers in a diffrent way im sure customers would have been more understanding.the tone of the email was disgusting and as things stand i for one wont be giving in to their false threats.

unholyangel

molerat wrote: »

I do not think that case is really relevant as the seller did not complete the transaction and it was the buyer that sued the seller for breach of contract. In the op's case the contract has been completed.

Even in more recent cases where the goods have been sent, the courts have issued the same ruling - that it was an obvious mistake so contract was void. You can only void a contract once it has been formed. If a contract isnt formed then theres nothing to void.

Going by what the OP has said, it was an obvious mistake.

And common law dictates:

For a unilateral mistake to be operative, it must relate to the terms of the contract. This type of mistake occurs where one party is aware of the mistake and takes advantage of the other party’s error. Such a mistake will render the contract void.