Amazon / Yodel - item not delivered - now no longer in stock

[The Phantom]

Just a quick question.

We have bought a computer for our son from Amazon for £277.- and paid by debit card. (Not credit card)

They despatched the item via Yodel but it never arrived.

The Yodel tracking shows it as delivered with a signature comment as 'NULL'. No calling card was left and no item. We have CCTV covering the premises and again nothing on there to show an attempted delivery at the time the item was said to have been delivered.

Amazon has offered a refund but I am not happy with that as the computers at that price are now all out of stock. I would have to pay around £100.- more to get an equivalent item.

Would Amazon be liable for the differnce in cost to me due to their failure in delivering the original item ?

Could I claim this to be my actual loss due to their breach of contract, i.e. non delivery ?

[The Phantom]

PS: my husband also wants to report this to the police as theft , but in my opinion it is Amazon who should report this as the way I understand it the goods are still legally theirs until we receive them. I.e. transit / transport is their risk and responsibility, for us it is a mere breach of contract on Amazon's side as they did not fulfill the contract ? So the potential criminal issue would be between Amazon and Yodel to sort out, while we have to deal with Amazon regarding their breach of contract. Is that correct ?

[sneaksms]

I had a similar problem, although the issue was resolved when the "lost" item turned up.

 

My take on it was that they are contractually bound to provide you with that computer at the price you paid. They accepted the contract when they sent the items out.

 

If you accept a refund, as you quite rightly realise, you are releasing Amazon from their obligations under the contract. As long as you refuse the refund, they are obliged to maintain their end of the contract.

 

I was preparing to have to take legal action, but as I said, it turned up.

 

Tell Amazon that you'll require either the computer you ordered (you may have to wait a reasonable time until it comes back into stock), a replacement of similar specification, or the difference in cost for you to purchase the computer elsewhere (you'll be best off finding the lowest price alternative for this).

[The Phantom]

Many thanks for the reply. That's exactly what I thought.

The latest is that Yodel told Amazon the fact it shows as delivered on their website doesn't actually mean it was delivered to the end customer. It means it was delivered to their depot. Although I doubt that as the tracking shows the item as received into their depot at a certain time, then it shows as out for delivery and then it shows as delivered with signature 'Null'. Then the tracking ends. Anyway, Yodel has promised Amazon the item will be delivered Monday (tomorrow), so will see what happens.

[The Phantom]

Latest update. Yodel has today told Amazon that in fact the goods are not in their depot but were delivered as stated last Friday, signed for by 'Null'

So Amazon told them again that the goods were not delivered and there was CCTV evidence that no driver from them actually called at our address at that date and time. They stated they couldn't ask the driver as he has now gone on holiday !!

So Amazon repeatedly offered a refund which was declined. They then offered a refund plus £30.- compensation which we declined. They finally said we could have a replacement of a slightly higher spec as the one we bought was now no longer available. It is £100.- more expensive. That is the good thing. The bad thing is they asked us to pay the full amount for the replacement before they would refund it again. We are now £654.- out of pocket and still no computer.

The replacement is due to arrive via Parcelforce tomorrow. Refund for £377.- outstanding.