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Amazon Marketplace – Retracting a Sale

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Andy_Pagin
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PostPosted: 13:33 - 13 Dec 2015    Post subject: Amazon Marketplace – Retracting a Sale Reply with quote

Need a bit of legal advice here. A mate recently bought and paid for a kitchen appliance from a company on Amazon marketplace (paid partly from his Amazon account and part credit card), got it well below list price. Today he gets an email from them stating that they'd put the item up at the wrong price, ie. way too low, and can he cancel the order for a full refund?

Am I right in thinking that since he's paid for the item, the vendor is obliged to provide it since it's no longer their property?
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CaNsA
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PostPosted: 14:31 - 13 Dec 2015    Post subject: Reply with quote

Contact amazon and ask them?

However, if your mate forces the issue they may make it very difficult for him to get his stuff.
Even if it does arrive it may end up being broke and/or with bits missing.

Gotta weigh up the shit:pay ratio.

Easy life = cancel the transaction and buy else where / ask the seller for a compromise on price that every one is happy with.
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iooi
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PostPosted: 16:32 - 13 Dec 2015    Post subject: Re: Amazon Marketplace – Retracting a Sale Reply with quote

Andy_Pagin wrote:


Am I right in thinking that since he's paid for the item, the vendor is obliged to provide it since it's no longer their property?


No.

Some people have this strange notion that once billed the item is your's. Sadly not. It's only some retailer's that wait till they ship to bill you. There is no legal requirement to only bill once shipped.

Plenty of cases out there where wrong price has been advertised and the sale has been retracted.
In effect the retailer would have been better cancelling the sale.

Get your mate to contact Amazon about it. Although given its through the marketplace then, they may not be interested...

Oh and he can forget any idea of a CCA claim on the credit card as any billing is through Amazon and not direct to the retailer.
ie No debtor creditor relationship, As Amazon did not supply the goods. Only moved the money. Ergo no breach of contract or misrepresentation. As the contract with Amazon was to pay the seller. which they did.
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MCN
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PostPosted: 16:34 - 13 Dec 2015    Post subject: Reply with quote

Your M8 is probably onto a bag of rice. Sad

But people make mistakes doesn't make it criminal. Smile

https://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/10602641/Price-glitches-Do-retailers-have-to-honour-pricing-mistakes.html

Online:
The situation is not as clear-cut online.
The legally binding contract is complete when a retailer accepts an order. However, acceptance does not necessarily happen at the point of order. Even the confirmation email may not be an acceptance. Some retailers reserve the right to cancel an order up to the point of delivery. It is therefore important to carefully check the retailer’s terms and conditions (which must be available on their website) and emails – if a retailer simply acknowledges an order, there may be no contract at that point.
According to Screwfix’s terms and conditions on its website this week, it only accepts orders once it has delivered the goods. It says the processing of a payment and acknowledgement of an order does not constitute a legally binding contract.
As with in-store purchases, once a customer has received their order a retailer generally has no right to claw back any money.
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Ste
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Joined: 01 Sep 2002
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PostPosted: 16:46 - 13 Dec 2015    Post subject: Reply with quote

You can't force them to sell to you but you can give them some free advertising. Wink
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Wonko The Sane
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PostPosted: 21:00 - 13 Dec 2015    Post subject: Reply with quote

the legislation does allow for genuine errors...
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Robby
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PostPosted: 18:05 - 14 Dec 2015    Post subject: Reply with quote

It seems that there are two things to consider - the law, and Amazon's terms and conditions.

The law may allow the company to get out of the sale, but Amazon's terms and conditions may make it very difficult.

Either way, if the company wants to cancel the sale, let them do it, your mate doesn't have to do it.
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i1301243
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PostPosted: 08:19 - 15 Dec 2015    Post subject: Reply with quote

Even if your mate tries to force them and Amazon pretty much force the company to supply it, all the company will do is claim they've posted it and when it doesn't turn up refund your mate.
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stephen_o
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PostPosted: 23:25 - 16 Dec 2015    Post subject: Reply with quote

I am an Amazon marketplace seller. The reason the company wants your mate to request cancellation is that IF THE COMPANY cancels the sale before shipping the item, using the status reasons available - one of which is inventory error, then they can cancel it and your friend can do nothing about it but the company takes a hit in there Amazon seller metrics, more than a couple of these instances in a 30 day period puts them "on review" and restricts the flow of money to the company damaging there cashflow and any further cancellations within a period will lead to expulsion from the selling platform. The company must confirm shipment of the item within 48 hours of the sale otherwise Amazon cannot hold onto the card authorisation and it has to be refunded to the customer, Amazon also have to void there fees (hidden in the agreements) - to say they do not like this is an understatement! This leads immediately to the above stated review. But worse still is if the company has confirmed dispatch (your friend will have had a "notification of shipment" from Amazon, at this point Amazon debits the card and completes the transaction and the Amazon Seller gets the funds minus Amazons massive fee's. If it then transpires that it hasn't sent the item, the account is immediately suspended pending a review and an action plan and monies to the seller are held for 60 days. Amazon refunds the customer itself and debits the refund and all its fee's to the seller.

If however your friend "requests cancellation" then none of this applies and the error gets unpunished.

Your friend needs to sit tight.
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Baffler186
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PostPosted: 12:51 - 17 Dec 2015    Post subject: Reply with quote

If your mate had paid and received the goods, there's nothing they could have done. However, your mate didn't receive the goods so technically the transaction isn't complete. They can legally void the sale, though I've found in the past Amazon sometimes bung you a £5 voucher for the inconvenience so might be worth taking it up with them.
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