Amazon didn't send item, won't replace

rostopchin

Hi, just wanted to get some advice is possible about this issue. I ordered an SSD drive from Amazon last weekend, at a reduced price (I believe due to stock clearance). The package arrived today, two other items I'd ordered were there, but the SSD drive was missing.

I contacted customer support, they apologised for their mistake and said they would send a new order. However, they then said they would be unable to do this as the item was out of stock, and would only refund me. I pointed out that a refund at the reduced price would not suffice, as I'd not be able to purchase the SSD drive again for that amount. They wouldn't budge at all, I spoke to a manager, I requested an equivalent drive which they refused, I also asked that they refund me and provide an amazon voucher so I could purchase the same drive through a reseller, with the voucher making up the difference between the reduced price I paid originally the now higher amount. No success.

My understanding is that if a seller breaks a contract (in this case by not sending the item), then they must restore the consumer to the situation they were in before the purchase was made. In this case a refund will not achieve this, as I am now unable to repurchase the drive for the same amount. I've asked to make an official complaint but they seem very unwilling to bend, I'm wondering what other recourse I have. Also annoyed as this has wasted hours of my time, but I don't feel this is fair at all...

pappa_golf

but you ARE back in the position you were before you made the purchase , you have exactly the same amount of money in your pocket now as you had before , they have informed you that they no longer hold stock from the supplier , and you must go elsewhere .

shaun_from_Africa

rostopchin wrote: »

My understanding is that if a seller breaks a contract (in this case by not sending the item), then they must restore the consumer to the situation they were in before the purchase was made.

But in this instance, it appears that the contract hasn't been broken as it wasn't formed in the first place.
Most online retailers (including Amazon) have it stated in their T&C's that a contract is only formed when the goods are dispatched and as this didn't happen, no contract was actually accepted.

We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Message Centre of the website

http://www.amazon.co.uk/gp/help/customer/display.html/ref=footer_cou?ie=UTF8&nodeId=1040616

Even if you were able to prove breach of contract, actually getting something enforced against them would be next to impossible for what in reality would probably be a fairly modest sum of money.

Silver-Surfer_2

rostopchin wrote: »

Hi, just wanted to get some advice is possible about this issue. I ordered an SSD drive from Amazon last weekend, at a reduced price (I believe due to stock clearance). The package arrived today, two other items I'd ordered were there, but the SSD drive was missing.

I contacted customer support, they apologised for their mistake and said they would send a new order. However, they then said they would be unable to do this as the item was out of stock, and would only refund me. I pointed out that a refund at the reduced price would not suffice, as I'd not be able to purchase the SSD drive again for that amount. They wouldn't budge at all, I spoke to a manager, I requested an equivalent drive which they refused, I also asked that they refund me and provide an amazon voucher so I could purchase the same drive through a reseller, with the voucher making up the difference between the reduced price I paid originally the now higher amount. No success.

My understanding is that if a seller breaks a contract (in this case by not sending the item), then they must restore the consumer to the situation they were in before the purchase was made. In this case a refund will not achieve this, as I am now unable to repurchase the drive for the same amount. I've asked to make an official complaint but they seem very unwilling to bend, I'm wondering what other recourse I have. Also annoyed as this has wasted hours of my time, but I don't feel this is fair at all...

You are indeed correct and you are back in the same position. You didn't have a drive before you placed the order and you still haven't got one. Get it now?

Crazy_Jamie

Actually, generally speaking damages for breach of contract are not intended to put the aggrieved party back in the position that they were in before the contract was formed. Damages in tort are intended to put a party back in their original position. Damages in contract are usually intended to put a party back in the position they would have been in had the breach not occurred, which is probably where the OP has the idea of a sourcing a replacement from.

However, shaun has this one right. It will be in the terms and conditions that an offer is only accepted once the item is dispatched. In this case, as no item was dispatched the contract would never have been formed. Even if that term didn't exist, Amazon would argue that the contract would be rescinded due to a lack of consideration on their part because they never had the item to send. Rescission, contrary to the general rule, does aim to put the parties back in the position they had been in before the contract was formed.

So whichever way you spin it, Amazon offering you a refund here is the correct course of action.