Amazon seller not honouring listed description

Ygritte

I purchased two pots of hair dye from a seller on amazon. The listing clearly said X 2 tubs. Only one arrived. I immediately contacted the seller to inform them of the mistake. First of all they said they’d send another out, then suddenly changed their tone and said it had been an error on the listing and I had only paid for one. Obviously I pointed out that It is their error and they should honour it, as I paid in good faith that I was receiving two for that price.
They are refusing. They have said I can return it for a refund but when I go to do it through Amazon it informs me it’s ineligible for return.

Basically what I want to know is isn’t the seller obliged to honour what they advertised as?

marliepanda

Ygritte wrote: »

I purchased two pots of hair dye from a seller on amazon. The listing clearly said X 2 tubs. Only one arrived. I immediately contacted the seller to inform them of the mistake. First of all they said they’d send another out, then suddenly changed their tone and said it had been an error on the listing and I had only paid for one. Obviously I pointed out that It is their error and they should honour it, as I paid in good faith that I was receiving two for that price.
They are refusing. They have said I can return it for a refund but when I go to do it through Amazon it informs me it’s ineligible for return.

Basically what I want to know is isn’t the seller obliged to honour what they advertised as?

The problem with this is how sellers items can get lumped together on Amazon, which often the seller cannot control. They list one, and Amazon matches it with a description from something else.

Bit rubbish on you, admittedly, but its also not fair on the seller who only ever intended to sell one and as far as they're concerned they sold one.

Just send it back for a refund.

rach_k

If it says you can’t return it, contact Amazon through their chat. They can override it.

spadoosh

Essentially no theyre not.

Mistakes happen and there is allowances for that.

[Deleted User]

Was it a really good price for 2? If they had delivered 2 and you paid for one would you be chasing them to pay? Mistakes happen, Amazon will sort the refund the seller agreed.

unholyangel

If they accepted your offer then its binding on them.

The time for them to have noticed the mistake was when they received the order. Once an offer is accepted and a contract formed, it cannot be undone but for very very limited circumstances (none of which are likely to apply here).

However if you speak to amazon, they may be able to assist you.

marliepanda

unholyangel wrote: »

If they accepted your offer then its binding on them.

The time for them to have noticed the mistake was when they received the order. Once an offer is accepted and a contract formed, it cannot be undone but for very very limited circumstances (none of which are likely to apply here).

However if you speak to amazon, they may be able to assist you.

I disagree. They accepted the offer for (in their eyes) 1 and dispatched 1. They’re not chasing the OP for more money. They never accepted her offer for two and did not dispatch 2.

If I see a Ford listed with a Lamborghini description, and they dispatch the Ford, it doesn’t entitle me to the Lambo...

unholyangel

marliepanda wrote: »

I disagree. They accepted the offer for (in their eyes) 1 and dispatched 1. They’re not chasing the OP for more money. They never accepted her offer for two and did not dispatch 2.

If I see a Ford listed with a Lamborghini description, and they dispatch the Ford, it doesn’t entitle me to the Lambo...

The rules on contract formation and mistakes in contract are incompatible with what you're suggesting.

The example you give the contract would be void under res extincta common mistake - the same wouldn't be true for OP's circumstance because the subject matter does exist.

Remember, courts are not concerned with whether people have gotten a good deal or not, consideration doesn't need to be adequate as long as its something of value.

stuartJo1989

unholyangel wrote: »

The rules on contract formation and mistakes in contract are incompatible with what you're suggesting.

The example you give the contract would be void under res extincta common mistake - the same wouldn't be true for OP's circumstance because the subject matter does exist.

Remember, courts are not concerned with whether people have gotten a good deal or not, consideration doesn't need to be adequate as long as its something of value.

As much as I find your theoretical knowledge interesting and informative, what is the bottom line for OP?

I would have thought it was be akin to a Sale of Goods Act "not as described" issue (or is it CCR now?) and therefore entitled to either:

1. A refund
2. A replacement (or sending out the correct items)

And that listing an item for "2x" is false advertising and a separate thing to potentially be flagged up with the Advertising Standards Agency (or whatever they are called).

Then also maybe small claims court action if OP feels they had "Loss of bargain" (unlikely)? Or something along those lines...

unholyangel

stuartJo1989 wrote: »

As much as I find your theoretical knowledge interesting and informative, what is the bottom line for OP?

I would have thought it was be akin to a Sale of Goods Act "not as described" issue (or is it CCR now?) and therefore entitled to either:

1. A refund
2. A replacement (or sending out the correct items)

And that listing an item for "2x" is false advertising and a separate thing to potentially be flagged up with the Advertising Standards Agency (or whatever they are called).

Then also maybe small claims court action if OP feels they had "Loss of bargain" (unlikely)? Or something along those lines...

If a contract isn't voidable or void for mistake and the trader refused to perform then the OP would be entitled to damages. Those would primarily be assessed on the basis of putting them in as near a position as possible (as far as money can achieve it) to the position they would have been in had the contract not been breached.

While some parts of the SoGA do still apply, the rights and remedies around breaches were replaced by the Consumer Rights Act (CRA). The CCRs replaced the DSRs. Both the SoGA and CRA have never restricted the consumer to the remedies offered by the act and both had a provision that basically explains the remedies offered are in addition to the usual remedies. Currently the CRA states:

(9)This Chapter does not prevent the consumer seeking other remedies—
(a)for a breach of a term that this Chapter requires to be treated as included in the contract,
(b)on the grounds that, under section 15 or 16, goods do not conform to the contract, or
(c)for a breach of a requirement stated in the contract.

(10)Those other remedies may be ones—
(a)in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or
(b)instead of such a remedy, or
(c)where no such remedy is provided for.

(11)Those other remedies include any of the following that is open to the consumer in the circumstances—
(a)claiming damages;
(b)seeking specific performance;
(c)seeking an order for specific implement;
(d)relying on the breach against a claim by the trader for the price;
(e)for breach of an express term, exercising a right to treat the contract as at an end.

But first step is to try and resolve it with the trader (with amazons help if necessary).

Rach1509

Ask the retailer for a pre-paid address to return it to. If they refuse, Open an A to Z guarantee stating not as described - you can copy / paste the part that says 2 x tubs. Explain you have tried to return but that you have not been given freepost label.

Yes under Amazon listings get lumped together, but it is the retailers responsibility to check this. We sell on Amazon and find that some retailers do this to make their listing stand out, and end up having to use a different EAN so that the listing I want is correct.

The retailer can also report the inaccurate information on the listing and get it changed if they show a picture of the item and the EAN if they go through the process.