Can an online retailer cancel my order?

Aedgar0485

Hi thanks in advance for any advice you can give me. I ordered a concept 2 rower off amazon Market place that was on sale on the 13th and it was marked as dispatched later the same day. The money was also taken from my account that day as well. It was showing as being delivered between tomorrow the 19th and the 22nd. However I received a message from amazon today stating the order had been cancelled and a refund would follow. I emailed them and they have stated that I should contact the market Place seller as it isn't there responsibility. I have tried to contact the seller but no reply and no reason for the cancellation. Can you advise if I have any legal rights here in relation to them fulfilling the order. Surely the money being taken and the item being "dispatched" constitutes a contract?
Many thanks
Alan

KatrinaWaves

Yes items can be cancelled, I'm assuming it hasnt actually been dispatched, if it has, then perhaps it will arrive tomorrow. Stocks can of course run out. maybe they will get another one in soon for you, have you asked about restocking?

I'm going to assume you paid a normal price for this, and could perhaps buy it again from another seller for a similar price...

waamo

KatrinaWaves wrote: »

I'm going to assume you paid a normal price for this, and could perhaps buy it again from another seller for a similar price...

Having given my crystal ball a polish and put new batteries in it's telling me the item was a bargain bucket too cheap to be true price.

KatrinaWaves

waamo wrote: »

Having given my crystal ball a polish and put new batteries in it's telling me the item was a bargain bucket too cheap to be true price.

Oh surely not! :P
I'm hoping not, its a spendy item, still available on Amazon for £849 so hoping the OP can just reorder from another company. Amazon sell them directly it seems as well.

esuhl

I'm pretty sure that taking your money would infer that a contract had been agreed.

If so, and they have breached the contract by not supplying the goods, I believe you could sue for "loss of bargain". This is the difference between the price you were charged by them, and the price you will have to pay to buy the item elsewhere.

KatrinaWaves

esuhl wrote: »

I'm pretty sure that taking your money would infer that a contract had been agreed.

If so, and they have breached the contract by not supplying the goods, I believe you could sue for "loss of bargain". This is the difference between the price you were charged by them, and the price you will have to pay to buy the item elsewhere.

Not as straight forward as you make out. The taking of money does not always infer a contract, dispatch can, but it depends what was actually dispatched, just a dispatch email is not that.

Loss of bargain is not an easy route to go down. The item is still available (various rowers on Amazon) for about £800. if he got it for £700, he may have a loss of bargain case. If he paid £80... no.

waamo

esuhl wrote: »

I'm pretty sure that taking your money would infer that a contract had been agreed.

If so, and they have breached the contract by not supplying the goods, I believe you could sue for "loss of bargain". This is the difference between the price you were charged by them, and the price you will have to pay to buy the item elsewhere.

Not so. It depends on the terms and conditions. Most retailers have a clause stating the contract is formed on dispatching the goods.

All this unravels though in the case of an obvious error. In that case a contract is deemed to have never been agreed in the first place.

This issue crops up about once a week on here.

Aedgar0485

I paid £500 for the item if that changes things?

waamo

Aedgar0485 wrote: »

I paid £500 for the item if that changes things?

£500 for something that should be around £900. I would put that in the obvious error category.

LilElvis

Read the seller's reviews - they've all been posted today and every one says that they have been refunded. Nobody has received their items.

KatrinaWaves

Aedgar0485 wrote: »

I paid £500 for the item if that changes things?

That appears to be half the price of it normally selling. Not an entirely unbelievable, but enough for it to be considered a mistake.

The fact someone else mentions a lot of reviews sounds like this mistake price was listed on a bargain site and their sales went from 3 rowers a day to 300 which will always flag up.