Amazon Marketplace Seller - Bait & Switch tactic on number of items included in order

BritChick51

I ordered some batteries from an Amazon Marketplace seller and the description stated 6 were included.

6 X Energizer CR123 3V Lithium Photo Batteries
Supplied in 6 packs of 1 Battery.

When I received the delivery, there was only 1 battery.

I emailed the seller and asked when I would receive the rest of the batteries and he responded:

"We cannot send any more batteries out at that price, if you wish to return the battery for a full refund please return it to -

Ecotronics UK LTD"

The seller is refusing to send the extra 5 batteries I paid for and has offered to refund only if I send the one battery back to him.

I have told him that under The Consumer Rights Act 2015 items must be 'as described'.

His response was
"The price paid for the item is for a single battery which includes free postage, the cost of x6 batteries is considerably more so we are unable to just send a few more out"

I have a daily email battle which is taking up more time that this is worth, but for me it is a matter of principle that this seller is using a 'bait and switch' tactic to con buyers.

Any thoughts?

cono1717

Do you have a link to the Amazon page?

I've never really used a marketplace seller so I'm not sure on the dispute procedure - can you report this to Amazon?

It may just be easier to get your refund and move on though. Still definitely report it so they can't do it again (so long as there is nothing on the page that says "This is for 1 battery")

bingo_bango

Bait & switch is offering you one thing, and then sending you something completely different.
What has happened here is that they have sent you a partial order, which isn't the same thing.

However, they do on the face of it appear to show intention to defraud based on the fact that they described the offer as 6 batteries, when their response would suggest that they never intended to ship 6 batteries for that price.

A quick email to Amazon customer services will get you a refund and flag the issue to them.

Bear in mind that the seller may have been a victim of the (frankly bizarre) requirement to provide a unique barcode number for all Amazon goods, which doesn't always work quite as well as it should. I wouldn't start accusing them of anything at this point. Simply let Amazon know (they can see the emails between you and the seller if you did it through Amazon) and they will resolve it for you.

BritChick51

I have indeed complained to Amazon and they have actually removed the item from Amazon, perhaps whilst the complaint is investigated. I did screenshot the page, thank goodness!

Unfortunately as I am a new forum user, it will not allow me to post an image.

BritChick51

I am just really mad because the 6 batteries were required for a specific purpose and it turns out I was never going to receive 6. It cost me time and money to have to drive to a store to purchase them at a significantly higher cost.

I know it sounds like I am moaning over a small matter, but the sellers attitude has made me so mad.

Exile_geordie

use imgur to host the picture and place the link here using hxxp

bris

BritChick51 wrote: »

I have indeed complained to Amazon and they have actually removed the item from Amazon, perhaps whilst the complaint is investigated.

No it would have been removed because the retailer now knows of the mistake in the listing.


It's just one of those regular occurrences with mistakes like this where people know it's a mistake and try to take advantage of it.


You have no case, this is where "consideration" comes in when forming a contract. Offer, acceptance and consideration are the fundamental things when buying something.


Was the seller ever considering selling six at that price? No it would have been a simple mistake. This is why judges have in the past refused claims on mistakes that are so obvious that they could never be true.


People trying to take advantage of these mistakes are nothing new, even on these very forums this type of thing is posted when something is to good to be true and people rush to buy ten of them.

BritChick51

bris wrote: »

No it would have been removed because the retailer now knows of the mistake in the listing.


It's just one of those regular occurrences with mistakes like this where people know it's a mistake and try to take advantage of it..

There are reviews for this product confirming other buyers have received the advertised number of batteries. Here is a selection of the reviews:

"Good value for money, they didn't take long to arrive and I now have enough of these batteries for my door bell, camera infrared trigger and car alarm fob."

"Arrived as described within a few days, all with good expiry date. Best price for the amount I wanted. Would use again."

"Free delivery took 2 weeks to arrive (East Midlands), standard post. Price was good and batteries came in their new package individually. Very pleased overall."

BritChick51

Exile_geordie wrote: »

use imgur to host the picture and place the link here using hxxp

I just get the message "Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue."

marcarm

Change the http in your picture link to hxxp. You'll be able to put the link up and someone else will change it back for you.

I had this issue ages ago with beer bottles, the listing was for 40 bottles for just over £5, but it should have been for one bottle only.

In the end I got a refund as well as the one bottle for free, the sellers claimed it was an issue with their product codes, Amazon used the wrong code so it created the listing for 40 but should have been single.

I made a thread about it on here if you search my username, in the end there was nothing that could be done, they weren't going to send all the bottles I wanted so just got a refund and that was that.

BritChick51

hxxp://i66.tinypic.com/auxcpe.png

Thanks marcarm