Amazon being fair?

Bogalot

Leo2020 wrote: »

I thought this would be classed as breaking the contract? Amazon agreed to supply X item at X price, they now can't but that us not the OPs fault. I believe you are legally entitled to purchase one at a higher price and take Amazon to court for the difference. But you have to mitigate your losses i.e if you could purchase it for less than £35 somewhere other than Amazon you have a responsibility to do so.

A (non UK) court action over £10 would be a rather extreme step!

arcon5

This isn't loss of bargain!!

If they have it in stock then it's unfair. But they don't so not really much they can do

naedanger

arcon5 wrote: »

This isn't loss of bargain!!

Why not, assuming the op cannot get the item for the original price elsewhere?

Leo2020

I wouldn't suggest taking Amazon straight to court but if it was me I would politely point out that they have broken the contract. If needed I would then send a LBA, many retailers will back down at this point. Some will even if you are in the wrong because they deem its not worth the money and time defending especially if its a small amount.

BTW this happened to me once where an item was lost. Amazon refunded but then the item went up. I pointed out via they chat app that it wasn't my fault it had been lost and could they offer a voucher to cover the difference. Amazon agreed to let me pay the original price without any fuss.

agrinnall

I would expect that if you argue for Loss of Bargain you'll never be able to order from Amazon again (win or lose), they don't like people taking the P with them. If that's not an issue for you and your time is worth very little then go for it, otherwise I'd do what Fosterdog suggests in post #7.

powerful_Rogue

Goes both ways though with Amazon. I purchased a smartwatch in 2014. Watch stopped working this September so contacted Amazon on the off chance who gave me a label to return it back to them.

As soon as I booked it into Collect+ I had an email from Amazon saying they didn't currenty have the watch in stock to offer a replacement, so refunded me the price I paid.

I paid £190. Purchased the same watch from Currys for £90

savemoney

We sent a bluetooth speaker back yesterday faulty when we opened it xmas day wouldn't take charge we tested it with a usb charge doctor to measure charge going out to usb. It costs us £39.99 lighting deal end of November would only refund us not send a replacement, current price is £49.99 and in stock They did refund us same day we delivered it via collect plus to nearby store.

They would have replaced it had I used it day before as it says 30 days. Thought they were a little inflexible though but within there rights to refund us.

I dont make a habit of sending stuff back either this was definitely faulty tried various usb cables, usb devices and 3 usb charge doctors I have to measure amps/voltage. Battery was almost flat so wouldn't play music or Bluetooth come on. I did get a decent brand as well not a crappy one

[Deleted User]

savemoney wrote: »

We sent a bluetooth speaker back yesterday faulty when we opened it xmas day wouldn't take charge we tested it with a usb charge doctor to measure charge going out to usb. It costs us £39.99 lighting deal end of November would only refund us not send a replacement, current price is £49.99 and in stock They did refund us same day we delivered it via collect plus to nearby store.

Completely different circumstance to the OP, of course.

steampowered

Would it not be possible to wait until Amazon have the same item in stock, if they are expecting another delivery?

Bogalot wrote: »

A (non UK) court action over £10 would be a rather extreme step!

I just want to pick up on this, as it is a common myth that circulates on MSE. Although Amazon trades through a Luxembourg company, a court action against them can be brought in the UK and would be heard in the consumer's nearest county court.

That is what EU law requires, and it is also reflected in Amazon's T&Cs which state "you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live".

POPPYOSCAR

I am surprised by this.

When I bought an item on lightening deals and it arrived with a part missing they sent me another one and organised collection of the faulty one at the same time.

Have they changed their policy now?