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

BritChick51

unholyangel wrote: »

Did any of them mention the price they paid for the 6?

No, but I'm not sure why you would mention the price you paid in a review.

The point is the listing said 6 batteries. Other people ordered and received 6 batteries. I should receive 6 batteries. It's the same listing!

BritChick51

I actually feel I am being asked to justify why I expected 6 batteries for £2.40, and some people think I am being unreasonable.

I saw an advert on Amazon for 6 batteries at £2.40 and I bought them. I didn't extensively research the market, compare listings and shop around for the cheapest price. I just searched Amazon for what I needed and bought the item that matched my requirements.

I didn't know I had to consider whether the advert was accurate and take into account that perhaps the seller didn't actually mean 6, but was only selling one battery.

If I go to a supermarket and buy a pack of 6 eggs, I expect there to be 6 eggs in the box!

glentoran99

If it was a genuine mistake in the listing the order should have been cancelled and the purchaser informed, the fact they just sent one shows an intent to defraud

wealdroam

BritChick51 wrote: »

If I go to a supermarket and buy a pack of 6 eggs, I expect there to be 6 eggs in the box!

As would I.

However, if the box allegedly containing six eggs was priced at 25 pence, I might wonder whether there were six eggs in it.

Similarly with your batteries.
It appears that the price you paid is unrealistically low for six batteries.

wealdroam

glentoran99 wrote: »

If it was a genuine mistake in the listing the order should have been cancelled and the purchaser informed, the fact they just sent one shows an intent to defraud

Alternatively, it shows that the seller didn't actually realise that the buyer was expecting six batteries - because his intention was to advertise one battery and believed he had done that.

BritChick51

wealdroam wrote: »

As would I.

However, if the box allegedly containing six eggs was priced at 25 pence, I might wonder whether there were six eggs in it.

Similarly with your batteries.
It appears that the price you paid is unrealistically low for six batteries.

Unrealistically low? With all the 'Lightening Deals' and 'Black Friday' offers and just crazy online prices these days, who knows what the cost of anything is anymore?

I have never bought these before. They were for a new purchase that said 'requires 6 x 123 Lithium Batteries', so I searched for them on Amazon and found them.

bod1467

A quick Google shopping search shows these as being over £1 each ... typically from £1.69 single, £1.39 in a pack of 10 (£13.90). So it's a mistake in the listing to my mind.

However it is still a material breach ... goods not as described. (Offer, acceptance [by (partial) delivery], and payment was completed, so contract was concluded. Seller had the opportunity to correct the error and not conclude the contract ... [partial] delivery means they have accepted).

BritChick51

OK, well Amazon just emailed me to say they have refunded me under the A-Z Guarantee.

Not really the result I wanted, as I have now missed out on other sellers offering the low competitive price too.

On the other hand, I have a free battery and I have interacted with a lovely bunch of people on here ;-)

unholyangel

BritChick51 wrote: »

No, but I'm not sure why you would mention the price you paid in a review.

The point is the listing said 6 batteries. Other people ordered and received 6 batteries. I should receive 6 batteries. It's the same listing!

My reason for asking was you saying that previous reviews said they had been sent 6 batteries. They may well have been sent 6, but they might have paid £2.40 each.

Generally once formed, a contract is legally binding and cannot be escaped without being liable for the other parties losses. However, there are a few exceptions to that rule and unilateral mistake is one of them (where one party makes a mistake and the other party was aware - or should have reasonably been aware)

Also, even if the contract was held to be valid, if the retailer simply refused to send them out, court action would not be an option for you due to the nominal amount involved.

marliepanda

BritChick51 wrote: »

No, but I'm not sure why you would mention the price you paid in a review.

The point is the listing said 6 batteries. Other people ordered and received 6 batteries. I should receive 6 batteries. It's the same listing!

With the way Amazon works for reviews, the reviews are for the product, not the amount (when sold as individual objects) or the seller etc. Those reviews are for the same item, but not necessarily the bundle/price you purchased or for the same seller.