Amazon Third Party pricing glitch rights

StarryTowers

I purchased x2 packs of 6 plates from a third party seller on Amazon. Drink Stuff accepted my order, took my money then sent me 2 plates instead of 12. When I questioned this they told me this was an Amazon listing price error and they refunded my money without asking if I wanted a refund. I don't want a refund, I want the other 10 plates. I understand Amazon take no responsibility in such matters and Drink Stuff says they have no obligation to supply the other 10 plates. I thought if, as Drink Stuff did, an online retailer accepts the order, takes the money and sends goods, this indicates Drink Stuff and I have a CONTRACT and that Drink Stuff must honour the contract by supplying the 12 plates not just 2. The Amazon listing has changed since they realised their mistake, the items are more expensive, now available with Prime delivery and are being sold by Amazon not Drink Stuff. Do Drink Stuff have to honour our contract for the 12 plates? Thanks in advance for any advice you can give me on this matter.

[Deleted User]

StarryTowers wrote: »

I don't want a refund, I want the other 10 plates.

It's been explained that it was an error (since corrected) on the website and a refund has been issued.

Good luck trying to fight for "loss of bargain".

unholyangel

Even if you have a contract, they can be void in certain circumstances - one of those is unilateral mistake where one party makes a mistake and other was aware (or should have reasonably been aware) that it was a mistake. In those instances, the contract is void ab initio - void from the beginning/it was never valid.

Granted I have no idea what you paid compared to what these plates usually sell at, but if you paid a pittance, then I'd expect the above to apply.

StarryTowers

...and yet on lovemoney_com it states "It gets a bit more complicated when goods are sold online as it depends on whether a contract has been made between the two parties. The retailer needs to accept the customer’s order for there to be a contract." Doesn't this indicate the law is on my side? That there is a contract?

Ahhh, sorry unholyangel you were posting there at the same time as me, thanks for your answer

StarryTowers

Unholyangel...the price I paid was £1.33 a plate, as stated on the listing at the time, with £4.99 postage on top, I didn't think that was unreasonable given that it stated this was a "sale"

[Deleted User]

StarryTowers wrote: »

.the price I paid was £1.33 a plate, as stated on the listing at the time, with £4.99 postage on top, I didn't think that was unreasonable given that it stated this was a "sale"

Contract was voided because of an (obvious) error.

This has already been explained by the retailer who refunded your money.

£1.33 a plate is "reasonable"? I'd say it was an absolute steal! :eek:

The amount you paid for postage is irrelevant.

Did you actually have to return the plates, by the way? If not, you are certainly not out-of-pocket in any way.

You certainly won't be getting ten more plates, I guarantee it.

StarryTowers

I was believing the info from lovemoney_com, sweet of you to give me advice Moneyineptitude, thank you.

[Deleted User]

StarryTowers wrote: »

I was believing the info from lovemoney_com

By all means pursue the extra ten plates (quoting "information" from websites if you want), but it will be a very frustrating experience I fear...

StarryTowers

It's not a clear cut situation. From Citizens Advice:

"Your legal rights depend on something fairly tricky in the law: whether or not you have a ‘contract’. Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:

once you’ve paid for the item
once they’ve sent it to you

You’ll need to find the company’s terms and conditions to find out where you stand. Contact the Citizens Advice consumer helpline if you need help. It may be too tricky to work out yourself. If you have a contract, the company can’t usually cancel your order, even if they realise they’ve sold you something at the wrong price. They’ll only be able to cancel it if it was a genuine and honest mistake on their part that you should’ve noticed."

I'm sure my case meets the terms of a contract, and that they must be cancelling it by claiming it was a genuine and honest mistake that I should've noticed. I know you scoffed a bit at the £1.33 a plate, but I seriously thought, given the time of year and the word SALE that the price was right. Anyway, every day's a school day :cool:

Mishomeister

Moneyineptitude wrote: »

Contract was voided because of an (obvious) error.

Why is this falling under obvious? If this was a TV for a £1.33 than it would be obvious.

Moneyineptitude wrote: »

£1.33 a plate is "reasonable"? I'd say it was an absolute steal! :eek:

I have bought plenty of good quality plates from SAM99 shops. Then some for £2ish from IKEA.

They are as most of the things nowdays made in China and shipped in bulk, so I don't understand how £1.33 is a steal, especially as it was a Sale item?

http://www.ikea.com/gb/en/products/tableware/dinnerware/ikea-365-plate-white-art-30279675/

Above is the link for IKEA £1.00 plates. So again how is this OBVIOUS error?

StarryTowers

Thank you Mishomeister, that's where I'm coming from, I really think I'm in the right and shouldn't just accept being fobbed off.