Amazon pricing error - should they still deliver?

[firstlaunch]

It's a 'only wish it happened to me' moment, when Amazon (well marketplace trader) put the wrong price on an item in my favor.

 

What is the position in insisting that I get the items I bought?

I think much depends on 'the contract'. ie is it an offer and your acceptance -or- is it a contract?

 

So far I have found in the "The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013"

 

Under part 5 section 42 paragraph (3) states:

Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a) without undue delay, and

(b) in any event, not more than 30 days after the day on which the contract is entered into.

 

So some hope? However, I note in my case, that Amazon have in their T&Cs regarding 3. PRICING AND AVAILABILITY

"Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order."

 

Anyone any idea how to test the validity of this clause?

[obiter dictum]

I find that with most of these online stores, that includes Ebay traders have a disclaimer at the end about the final price paid being subject to check and approval before despatch.

 

I personally think you are flogging a dead horse myself, but that is just me. Amazon will have this contractual term nailed down.

[JoeyJoeC]

Was it an amazon seller or actually from amazon?

 

Either way, all they need to say is it is out of stock and nothing you can do about it.

[firstship]

It really does not matter,Amazon or any shop,can refuse to sell the item to you,the price shown is only an invitation to buy.

 

The legal aspect involved is stupid and most NOT ALL companies will honour the price,Amazon,depends on who you are buying it from Amazon Direct or another Seller

 

FS

[firstlaunch]

Thank you very much for your thoughts. I had assumed that this is dead horse from the start.

However, having done some reasearch, and having read completely the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 act, am I not in the same space as all the other 'small print' issues that have arisen?

 

I'm curious in wanting an answer to a basic consumer problem: Do imposed T&C's override our basic consumer rights?

 

Oh, and just for completion, the have asked me to cancel the order, as they have zero stock - while the Amazon web page show 15... . I have emailed them a screen shot - just to see what they say

Edited September 17, 2015 by firstlaunch

[obiter dictum]

Your consumer rights have not been diminished. The goods have yet to be despatched.

 

If the goods were delivered and you took control of those goods then it will be hard luck on Amazon if they asked you to return thiose goods as the contract would have been fulfilled

[silverfox1961]

Hi

Sellers have a duty to treat customers fairly but where terms and conditions remove that protection, that particular clause can be removed but the rest of the terms stay in place.

 

If you feel strongly about this issue, they way to get clarification is to seek proper legal advice.

 

If you remember back in December 2014, a company called RePricer had a glitch on the Amazon website that caused loads of goods to be sold at 1p. Some orders got dispatched but the majority got cancelled. The sellers made a huge loss that day and (to my knowledge) they still haven't been compensated.

 

So, yes a company can treat customers fairly but as has been said, they don't have to sell to anyone and they can cancel orders, ensuring that you are not out of pocket. If you tried to force a company to sell you the good at the price advertised will get you nowhere.

[firstlaunch]

I must admit that I do nor feel strongly about this matter, certainly not enough to warrant pursuing at all costs.

However, my thoughts went along the line that if a company over charged (as I have been in Edgeware Road), they don't feel the need to be fair, and give back the over charge.

On the other hand, a ticketed price in a supermarket - is the one you pay (even if it's price is removed after you have paid for it).

 

While I did feel aggrieved over the price of consumer electronics, and smug about a few pence on an indulgent treat, this one didn't fall into either camp.

I will not force, or even try to force the issue, I did wonder what the intention of the act was. I'm more than sure I will get my money back (the price difference is too great).