Wrongly advertised product by Amazon warehouse

Totalmusic

Hi,

I’m after someone who understand the legality of this issue to help please…

I ordered a product from Amazon warehouse and had 30% discount on top due to a special offer advertised by MSE. The product arrived but, whilst the Amazon label and barcode on the product is for the model I ordered, the actual box and product inside is a lower spec model.

amazon will only refund me what I paid, and refuse to send me what they advertised as they say they don’t have one in the warehouse stock. The price they advertised was more then a brand new version of this lower spec model I received so it was definitely priced as the higher spec model and all the photos were for the higher priced model.

As amazon will only refund me what I paid, I’m stuck as I currently have a lower spec model than I wanted but if they refund me, it wouldn’t even pay for this lower spec model, let alone the model I want. I have asked what the warehouse price would have been for the model I received and they can’t/won’t tell me. Without the 30% discount, I would have paid nearly £300 for the item I wanted, so I paid around £200. A brand new model of the lower spec version I have is £280 and the model I wanted is £385.

As amazon warehouse advertised the model I wanted at a price that reflected it was the higher model, should I still expect to receive one from them? I am happy to return the model I have to them but I don’t want a refund, I want the product they advertised, so I’m holding onto it as it’s still worth more than I paid for it due to the 30% discount. As it’s amazon warehouse though, they say they don’t have a model to send me and that they are separate from the brand new models.

any help would be great!

Neil

Thrugelmir

Amazon cannot supply what they don't have in stock. Either return the item for a full refund or keep what thewy've sent. Choice is yours to make. 

Alderbank

Totalmusic said:

amazon...say they don’t have one in the warehouse stock. 

I don’t want a refund, I want the product they advertised.

If they haven't got one, they can't send it to you!

If you hang on to what you have, Amazon will consider the deal completed. Or you can click the 'I want to return this item' button and Amazon will start the process for a free return and refund you in full.
They don't have to go beyond that. You have no further consumer rights.

mattyprice4004

Yup, the above is right - they can’t sell you what they don’t have. 

Return it for a refund or keep it; your call. 

Ergates

You're due what you've been offered - a refund (and an apology would be nice).

powerful_Rogue

Amazon warehouse can be a gamble, and in my opinion through no fault of Amazon.

Clearly someones bought the expensive handset from Amazon, swapped it with the cheaper model they have bought elsewhere and then returned it for a refund.

Mnoee

powerful_Rogue said:

Amazon warehouse can be a gamble, and in my opinion through no fault of Amazon.

Clearly someones bought the expensive handset from Amazon, swapped it with the cheaper model they have bought elsewhere and then returned it for a refund.

If only Amazon had the technology to open a box and check its contents. Maybe they should order some box cutters from themselves. 

I've had similar happen twice and given up on warehouse deals - having to take often bulky items to a drop off point or wait in for a courier while being annoyed about missing a bargain isn't my idea of fun. 

mikb

mattyprice4004 said:

Yup, the above is right - they can’t sell you what they don’t have. 

Return it for a refund or keep it; your call. 

How many days do you give it before this turns into "So: I returned the item, but Amazon say I returned a lower spec model in the high spec box, now they won't refund me. Additionally, they have thrown the item away because it's policy".

(See multiple other recent threads)

Sandtree

Mnoee said:

powerful_Rogue said:

Amazon warehouse can be a gamble, and in my opinion through no fault of Amazon.

Clearly someones bought the expensive handset from Amazon, swapped it with the cheaper model they have bought elsewhere and then returned it for a refund.

If only Amazon had the technology to open a box and check its contents. Maybe they should order some box cutters from themselves. 

I've had similar happen twice and given up on warehouse deals - having to take often bulky items to a drop off point or wait in for a courier while being annoyed about missing a bargain isn't my idea of fun. 

Have you not seen the hundreds of threads on here about people either 1) sending the wrong item back and Amazon disposing of it or 2) claiming to have received the wrong item, sent it back and had the return rejected?

As to the OP your statutory right is to reject the item and receive a refund.

A claim for breach of contract would need to be substantiated with actual losses you've incurred and would be fairly unlikely to succeed 

Carrot007

Sandtree said:

Have you not seen the hundreds of threads on here about people either 1) sending the wrong item back and Amazon disposing of it or 2) claiming to have received the wrong item, sent it back and had the return rejected?

Indeed OP make sure you make it 100% clear to amazon this is not a return or you are not even going to get your money back.

Probably also wrap the item in multiple letters saying this as well (after they have agreed you got sent the wrong item and this is not a return), just to be on the safe side.

Do also tell us whart his item is? Never buy any tech from AW this happens far to often (well maybe buy damaged box ones but returns, never) as the low paid mistreated people doing the returns have no time to check beyond yeah it's a phone we'll bung it on warehouse.

Mnoee

Sandtree said:

Mnoee said:

powerful_Rogue said:

Amazon warehouse can be a gamble, and in my opinion through no fault of Amazon.

Clearly someones bought the expensive handset from Amazon, swapped it with the cheaper model they have bought elsewhere and then returned it for a refund.

If only Amazon had the technology to open a box and check its contents. Maybe they should order some box cutters from themselves. 

I've had similar happen twice and given up on warehouse deals - having to take often bulky items to a drop off point or wait in for a courier while being annoyed about missing a bargain isn't my idea of fun. 

Have you not seen the hundreds of threads on here about people either 1) sending the wrong item back and Amazon disposing of it or 2) claiming to have received the wrong item, sent it back and had the return rejected?

As to the OP your statutory right is to reject the item and receive a refund.

A claim for breach of contract would need to be substantiated with actual losses you've incurred and would be fairly unlikely to succeed 

Yep, I've also read about the fact that they send loads of returns to landfill rather than process it. (https://www.itv.com/news/2021-06-21/amazon-destroying-millions-of-items-of-unsold-stock-in-one-of-its-uk-warehouses-every-year-itv-news-investigation-finds)

I think we're in agreement that amazon don't do returns very well, so not sure why you're quoting me!