Amazon doesn't honour my order 25 November 2022 at 7:15PM in Consumer rights 39 replies 1.5K views

littlebugs

Good evening everyone, 

I hope to get some advice here. 

I recently bought a TV from Amazon. On the delivery day, it didn't arrive. I then contacted Amazon and was told it is stuck in their fulfillment centre and advised me to wait for 24-48 hrs. During my waiting, the TV's price was changed from £549 (when I ordered) to £1099. I then contacted Amazon and tried to find out when I can receive the TV. I was then given different answers. They gave different excuses each time: 1) the TV is not in stock anymore (but the exact same TV which is priced at £1099 has 5 in stocks). 2) It is seller's fault. Amazon is only responsible for shipping (however on the website it shows - Sold by Amazon. Delivered by Amazon [I later checked it is only said in the order email that the product is sold by xxxx company]). They tried to persuade me to cancel the order. If I did cancel the order, it would mean I have to spend £1099 to get the exact same TV. 

I am very frustrated now. Any advise is much appreciated. 

Many thanks,

Leo

DullGreyGuy

As per their T&Cs, the contract of sale is only formed when the goods are dispatched. If the items haven't been sent they can withdraw from the sale without issue.

littlebugs

DullGreyGuy said:

As per their T&Cs, the contract of sale is only formed when the goods are dispatched. If the items haven't been sent they can withdraw from the sale without issue.

Thanks for the reply! They took money from customer's bank account and then they can change their minds. It is not fair to customers, is it?

the_lunatic_is_in_my_head

Did you get a dispatch email OP?

HampshireH

littlebugs said:

Good evening everyone, 

I hope to get some advice here. 

I recently bought a TV from Amazon. On the delivery day, it didn't arrive. I then contacted Amazon and was told it is stuck in their fulfillment centre and advised me to wait for 24-48 hrs. During my waiting, the TV's price was changed from £549 (when I ordered) to £1099. I then contacted Amazon and tried to find out when I can receive the TV. I was then given different answers. They gave different excuses each time: 1) the TV is not in stock anymore (but the exact same TV which is priced at £1099 has 5 in stocks). 2) It is seller's fault. Amazon is only responsible for shipping (however on the website it shows - Sold by Amazon. Delivered by Amazon [I later checked it is only said in the order email that the product is sold by xxxx company]). They tried to persuade me to cancel the order. If I did cancel the order, it would mean I have to spend £1099 to get the exact same TV. 

I am very frustrated now. Any advise is much appreciated. 

Many thanks,

Leo

You say they tried to get you to cancel.

Have they cancelled? Or is your order still pending?

littlebugs

the_lunatic_is_in_my_head said:

Did you get a dispatch email OP?

I received the Order Confirmation email. In it, it says the TV is "arriving between 7am - 7pm on xx Date". But, I didn't received a dispatch email. 

DullGreyGuy

littlebugs said:

DullGreyGuy said:

As per their T&Cs, the contract of sale is only formed when the goods are dispatched. If the items haven't been sent they can withdraw from the sale without issue.

Thanks for the reply! They took money from customer's bank account and then they can change their minds. It is not fair to customers, is it?

But it's legal... a contract in England requires offer, acceptance and consideration. Your order is the "offer", your payment is the "consideration" and their dispatch of the goods is their "acceptance". Until all three components exist there is no contract and so no contractual rights.


You will find it is standard for any sensible website... it allows them to deal with cases where the office junior accidentally uploads a TV for £150 rather than £1,500

littlebugs

HampshireH said:

littlebugs said:

Good evening everyone, 

I hope to get some advice here. 

You say they tried to get you to cancel.

Have they cancelled? Or is your order still pending?

Yes. They tried to get me to cancel it and re-order it. At the moment, the order is still there, stating "delayed, not yet shipped".

littlebugs

DullGreyGuy said:

littlebugs said:

DullGreyGuy said:

As per their T&Cs, the contract of sale is only formed when the goods are dispatched. If the items haven't been sent they can withdraw from the sale without issue.

Thanks for the reply! They took money from customer's bank account and then they can change their minds. It is not fair to customers, is it?

But it's legal... a contract in England requires offer, acceptance and consideration. Your order is the "offer", your payment is the "consideration" and their dispatch of the goods is their "acceptance". Until all three components exist there is no contract and so no contractual rights.


You will find it is standard for any sensible website... it allows them to deal with cases where the office junior accidentally uploads a TV for £150 rather than £1,500

I am not a legal expert. But, if they made a mistake, a descent business should honor it unless it is bud or something which cause mass losses. Now it is the black Friday sales. Lots stuffs are selling at discounted prices. 

the_lunatic_is_in_my_head

T&Cs state:

Your order is an offer to Amazon to buy the product(s) in your order. When you place an order to purchase a product from Amazon, we will send you an e-mail confirming receipt of your order and containing the details of your order (the Order Confirmation E-mail). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the Dispatch Confirmation E-mail). 

What does the tracking for the order say on the courier’s website?

If the courier has a scan a contract has been formed.

If the courier hasn’t had the item then there is a debate to be had as to what dispatched actually means but Amazon are providing fulfilment only and your contract is likely with the 3rd party seller and any claim (such as loss of a bargain) would also be with the 3rd party seller. 

DullGreyGuy

littlebugs said:
Now it is the black Friday sales. Lots stuffs are selling at discounted prices. 

Unless you believe Which? in which case 98% of "sales" are no cheaper than they have otherwise been priced at in the last year https://www.bbc.co.uk/news/business-63702559