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A bit of advice... where do i stand? Amazon seller cancelled order then relisted...

Discussion in 'General Chat' started by boxrick, Mar 2, 2009.

  1. boxrick

    boxrick Active Member

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    i purchased a laptop from the amazon seller over the weekend at a fairly decent price for an opened box laptop.

    However on sunday night i received an email saying my order had been cancelled and my money refunded followed by this email :

    Now he has relisted the *exact* same item for £100 more than he previously had it listed at, fair enough if he said it was a pricing error but he lied then relisted it a day later....

    Where do i stand with this? I emailed him asking why he did this but do i have any right to the item at the original price/ is there anything amazon itself can do for me?
  2. Wild Weasel

    Wild Weasel Active Member

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    You have no comebacks. They don't have to sell at the advertised price anymore. A sale is a two way contract after all.
  3. loz

    loz Active Member

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    but he did have a sale

  4. eric pisch

    eric pisch Member

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    complain to amazon
  5. Beany31

    Beany31 Active Member

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    Warehouse Deals are bad traders imo.

    I bought 2 Bluray players (1 accidently) so I sold the extra one on Ebay and it didn't work, so I had to refund the guy and then ring amazon and tell them that I received a faulty player, got the refund but never got the postage refunded and to be honest with you Warehouse Deals are a waste of time.
  6. pandemic

    pandemic Active Member

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    Same happened to me when I ordered a cheap hard drive directly from amazon, they'd priced it incorrectly and cancelled the order a few days later.
    I don't think the customer can do much, I think they've got a clause in the T&Cs
  7. tricky0001979

    tricky0001979 Member

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    Reading your post obviously they don't hold the stock that they sell once they sell an item they acquire it from their various suppliers who don't have any left at that price. But they may have the same item for more hence why they reposted with revised price.

    AFAIK any price in shops or online is an offer which they can withdraw at any moment as when you pay your paying amazon to pass onto the seller which he rejected, and gave the money back.
  8. paul1967

    paul1967 Member

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    I have noticed this is happening on EBAY with motors.
  9. dakara

    dakara Guest

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    All praise to Amazon. :smashin:

    At least buying through Amazon, your money is safe, and will be refunded by them if the seller defaults.
    It is certainly much better than EBay, where I am often never quite sure whether I am going to receive the goods, and if I don't, how in Hell I can get my money back.:mad:
  10. Squiffy

    Squiffy Active Member

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    Not true.

    Once payment has been made the contract is sealed, and the seller must supply the goods. If he can't get them from his supplier at the price he expected to, that is the risk he takes and he must still supply the goods.

    It is a little more complex with an auction, but the same principle applies once money has changed hands.
  11. Steven

    Steven Senior Moderator

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    We are concerned with a standard contract of sale here, where there has been a failure to deliver the goods ordered. The seller has used the easy solution by refunding the payment quickly and in full
  12. Squiffy

    Squiffy Active Member

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    The seller is in breach of contract. The contract was sealed to supply the goods, and the buyer paid for them. Just issuing a refund does not resolve the breach. There are occasions when a seller can cancel a contract before it is fully formed, but I'm not aware of any cases where the seller can cancel AFTER payment has been received. I'm sure all courts would accept this is a full contract. Unless of course the seller has a clause which was written into the contract before payment and which the buyer accepted which stated they could cancel after payment was received - which I highly doubt they have.

    If the buyer wishes to go to all this hassle, he could purchase equivalent goods from elsewhere and pursue the original seller through small claims for any additional costs incurred in doing so. Probably not worth the hassle, but legally he could do this.
  13. Steven

    Steven Senior Moderator

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    I was not commenting on what a buyer can or cannot do. If the OP really wants to seek specific performance then he can do. My only point was that this was not a contract for the supply of goods. It is a standard contract of sale. The distinction may seem trivial to the everyday consumer but it is an important one
    Last edited: Mar 4, 2009
  14. Matt-A

    Matt-A Member

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    Distance Selling Regulations 2000:

    Amazon:

    14. Our contract

    Amazon.co.uk: Help > Security & Privacy > Conditions of Use & Sale

    Sorry, but it doesn't look like there's much you can do.

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