Amazon Warehouse supplied wrong product. I want the right product, not a refund

The_Living_Coin

Hi all,

So I bought an acoustic guitar (Yamaha C40) on Amazon, which also included a bag and stand for the guitar as well as a few other bits and pieces I didn't need. It was the last in stock. What actually turned up was an inferior model guitar (Yamaha C45k) and the bits and pieces without a bag or stand. I got in touch and told them about the mistake and they have offered me two choices:
1. Keep it and they'll refund me 25%.
2. Send it back for a refund.

As it was the last in stock I feel like they've tried to fob me off with this inferior service and I would prefer they fulfill the order as advertised and agreed. This was supplied by Amazon Warehouse, which makes a difference apparently. I can see Amazon has the guitar I ordered for sale at a higher price.

My question is can I make Amazon Warehouse stick to the deal as agreed and exchange the inferior product they sent for what I actually agreed to buy or do I have to accept their refund / discount offer?

Thanks

marlot

The retailer gets to choose the remedy - refund, exchange or repair. Repair doesn't apply in this case, so they're in their rights to refund.

In theory you could sue for 'loss of bargain', but I've never heard of that being sucessful

boo_star

marlot wrote: »

The retailer gets to choose the remedy - refund, exchange or repair. Repair doesn't apply in this case, so they're in their rights to refund.

In theory you could sue for 'loss of bargain', but I've never heard of that being sucessful

There have been many successful claims for loss of bargain over the years, there's a wealth of case law relating to it (both successful and unsuccessful.)

Generally speaking though, it's not an easy win, and in all honesty if the seller offers the money back you'd be far better served just accepting it and walking away. I suppose you could push Amazon for a goodwill account credit but be prepared for them to say no and you should just leave it that. There's no point trying to escalate it.

foxtrotoscar_2

boo_star wrote: »

There have been many successful claims for loss of bargain over the years, there's a wealth of case law relating to it (both successful and unsuccessful.)

Generally speaking though, it's not an easy win, and in all honesty if the seller offers the money back you'd be far better served just accepting it and walking away. I suppose you could push Amazon for a goodwill account credit but be prepared for them to say no and you should just leave it that. There's no point trying to escalate it.

Give me any ten as a start.

The_Living_Coin

Its a bit galling though as the guitar arrived in a bright box with C40 emblazoned all over it. It was only the small logistics sticker that said "Model C45k" on the plain brown inner box that aroused my suspicions so when I had a closer look at the guitar it was actually nothing like the C40 that should have been in the box. Just wondering if they've done it to other beginners who haven't noticed....very misleading indeed.

Thanks for the replies everyone.

boo_star

foxtrotoscar wrote: »

Give me any ten as a start.

http://www.lawteacher.net/lecture-notes/contract-law/remedies-lecture-1.php

That should start you off.

JethroUK

The_Living_Coin wrote: »

Amazon Warehouse supplied wrong product. I want the right product, not a refund,

I don't need to read your post to answer your query

Assuming the company did breeched your contact/agreement by selling you goods unfit for purpose/not as described/whatever, their maximum liability is equal to your maximum $damages

= full refund

Simple!!!!!!

Nobody is obligation to buy and nobody is obligated to sell

deanos

There is a thread on HUKD where people bought LG G2 phones from Amazon warehouse, some got Nokias an some G3's , not sure if its consumers ripping off Amazon by sending anything back and getting away with as they are not checked it or Amazon putting things in the wrong boxes , but looks like its a common thing

The_Living_Coin

Ok - thanks all.

Nilrem

deanos wrote: »

There is a thread on HUKD where people bought LG G2 phones from Amazon warehouse, some got Nokias an some G3's , not sure if its consumers ripping off Amazon by sending anything back and getting away with as they are not checked it or Amazon putting things in the wrong boxes , but looks like its a common thing

I suspect it's probably to do with people sending the wrong stuff back and amazon staff either not noticing/not caring (they probably don't get enough time to actually check fully).

I ordered an "in new" condition version of a Heynes manual, what I received was a tatty ex library book that was about 2 versions out of date.
It got returned no bother at all, IIRC they even sent a courier out to collect it (at the same time he delivered another order).

foxtrotoscar_2

boo_star wrote: »

http://www.lawteacher.net/lecture-notes/contract-law/remedies-lecture-1.php

That should start you off.

Is there any this century?