Internet purchase not honoured - advice please - HotUKDeals
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Internet purchase not honoured - advice please

firswood Avatar
8y, 9m agoPosted 8 years, 9 months ago
I bought a tv through a seller advertising through Amazon marketplace. I received an order confirmation from Amazon which said:

"Please note that for items ordered from Amazon.co.uk this e-mail is only an acknowledgement of receipt of your order and your contract to purchase these items is not complete until we send you an e-mail notifying you that the items have been dispatched to you. For items purchased from third parties in Marketplace, zShops or Auctions, this e-mail confirms the completion of your contract to purchase those items."

I have now received emails from:
- Amazon cancelling the order with the reason that the seller is out of stock.
- Seller saying canceled due to technical difficulties with the website

However I have found the Sellers online site that has the tv in stock and still for sale but at almost double the price!!

Any ideas how I stand getting my purchase which is what I want?

Thanks
firswood Avatar
8y, 9m agoPosted 8 years, 9 months ago
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Comments/page:
#1
sorry,you have no rights,no contract has been formed,it has been discussed a thousand times before on here.
#2
this wasnt the 32in samsung sold by popcorn for £299, by any chance was it?
#3
boothy;1669457
sorry,you have no rights,no contract has been formed,it has been discussed a thousand times before on here.

That'd be wrong. It would be correct if it were an amazon purchase (though even then a bit of argueing with Amazon's Executive Customer Relations can get it honoured more often than not). He's made an offer, it's been accepted - key bit being "For items purchased from third parties in Marketplace, zShops or Auctions, this e-mail confirms the completion of your contract to purchase those items".
Chances are you'd need to take legal action to enforce anything, and even then you probably wouldn't get very far, but they are in breach of contract.
#4
They can just say they were out of stock and refund. As trading standards will tell you, until you receive the stuff you basically can't do anything about it!
#5
seancampbell
That'd be wrong. It would be correct if it were an amazon purchase (though even then a bit of argueing with Amazon's Executive Customer Relations can get it honoured more often than not). He's made an offer, it's been accepted - key bit being "For items purchased from third parties in Marketplace, zShops or Auctions, this e-mail confirms the completion of your contract to purchase those items".
Chances are you'd need to take legal action to enforce anything, and even then you probably wouldn't get very far, but they are in breach of contract.


We'll agree to disagree on that one
#6
charltom
this wasnt the 32in samsung sold by popcorn for £299, by any chance was it?


It was Popcorn but was the:
Samsung LE46M87 - 46" Widescreen 1080P Full HD LCD TV - With Freeview - coming to £650.20 with delivery.

I think there is a binding contract given it was a marketplace purchase but I just need reassuring before I get something wrong.
#7
Happened to me on amazon marketplace seller said it was stock problems and he was sorry.
#8
They have just done the same to me and my house mate, who both ordered the 32" and both got the same emails you got, what is annoying is that they emailed me the other day to say my payment hadnt gone through, had a new card and forgot to update details and asked me to re order which i did with my new card details and then afew days later they tell me it isnt in stock
#9
IF YOU CAN WAIT FOR A WHILE, THEY WILL COME DOWN IN PRICE ANYWAY.
HOW ABOUT REPORTING AMAZON AND THE SELLER TO TRADING STANDARDS OR THREATEN TO REPORT THEM. IT WILL SHAKE THEM UP A BIT.
GOOD LUCK. :roll:
#10
Benjimoron
They can just say they were out of stock and refund. As trading standards will tell you, until you receive the stuff you basically can't do anything about it!


I thought the same so today I printed out a copy of their internet page for the same television showing clearly that it is in stock:whistling:
#11
firswood
I thought the same so today I printed out a copy of their internet page for the same television showing clearly that it is in stock:whistling:


I know they are the same people, but is the stuff being sold through Amazon Marketplace stated as coming from that actual shop? If not, wouldn't this just be like complaining that Dixon's didn't send you a TV because it's is out of stock, when you know full well they still have it for sale in Currys?
#12
I got stiffed this week, like you, and with a few others as well on a phone.

http://hotukdeals.com/item/152326/had-my-order-cancelled-by-dialaphon
#13
Its just one of those things....sometimes they come off,sometimes they don't,I was lucky with the Archos misprice at Argos last month when others weren't.

Not been lucky with a lot more though
#14
firswood
I thought the same so today I printed out a copy of their internet page for the same television showing clearly that it is in stock:whistling:


It might be now!

Like others have said, the argument has been had many times. Only way to do anything about it is to take them to court which will cost you loads of time and money and you'll probably lose so it's not even remotely worth it.

Move on!
#15
Thanks for all your replies. As you can see from my updated avatar I have other things on my mind too !!! :)

I don't think I will let the matter drop just yet.
#16
let me know how you get on please? xx
#17
Just to let those that posted and to make others aware.

I contacted our Trading Standards section (an advantage of working for the Local Authority) and received the following to the dilema I had posted:

"I'm afraid they are within their rights to decline to sell. To use the example of buying a tin of beans on the shelf of a supermarket. The beans are priced up, you pick them up and go to the checkout. In placing the beans on the shelf, the shop is merely inviting offers ("an invitation to treat" to use the contract law definition). When you go to the checkout you are merely offering to buy the goods and the trader can refuse to sell. At the more complicated level of your query, the trader can in effect introduce a term of the contract that delays the formation of a binding contract until a specified event occurs - in this case the goods are dispatched. Thus they can decline to sell.
If you need further civil advice on this or other matters you need to speak to Consumer Direct at first instance (08454 040506 - local rate call)."

Not the news I had hoped for but rather half expected......Sorry Charltom.:-(

I hope this helps others with similar problems.

My 5 year old was looking forward to watching his Power Rangers on a large screen.

Back to looking for a reasonably priced tv then.

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