Can Amazon just cancel and refund?

Hi there,

I bought one of the Ring video door bells on Amazon (via Ring) that was on Amazon a couple of days ago for £80 + £4.95 delivery and all was good, but even though it's showing as dispatched they have refunded me the money.

Do they have the right to cancel items (it was not a ridiculous price (not even half the normal price)?

Thanks Mark.

22 Comments

Yes they can. Any online business can cancel an order and issue you a refund without providing you with a reason.

You should contact their customer services department by email or phone and question why they cancelled the order.

They might reinstate the order at the original price.

Was your credit card charged for the item??

Yes they can.. done it to me a few times.. everytime they say it is out of stock thats the reason for cancelling.. contact customer service with the contact customer services link at very bottom of page. They will get back to you with reason why

Original Poster

Thanks for the replies.

The annoying thing was that they took the money straight away and then it's going to take up to 5 days for the fefund to go through.

I'm assuming its not Amazon direct as you say via Ring and paid £4.95 postage so you will need to contact Ring not Amazon.
Any company can cancel a transaction, they are not legally obliged to sell you the item. The contract is only bound once you have received the goods.

Original Poster

I'm prob just going to leave it as I was in 2 minds spending £84.95 on a front door bell anyway only to then find out you have to buy a chime as well for £25 if you don't only want it calling your mobile.

rhinopaul

I'm assuming its not Amazon direct as you say via Ring and paid £4.95 … I'm assuming its not Amazon direct as you say via Ring and paid £4.95 postage so you will need to contact Ring not Amazon.Any company can cancel a transaction, they are not legally obliged to sell you the item. The contract is only bound once you have received the goods.



​incorrect.

the contract is accepted once the items are dispatched.

adamspencer95

​incorrect.the contract is accepted once the items are dispatched.


Oh here we go. So what happens when the goods go missing, you get refunded. Its only bound once youve received the goods .

rhinopaul

Oh here we go. So what happens when the goods go missing, you get … Oh here we go. So what happens when the goods go missing, you get refunded. Its only bound once youve received the goods .



​again, incorrect.

the contract is bound at the point the goods are dispatched, so from that point then theoretically neither party can alter the terms of the contract (price, quantity, quality etc). there is always a proviso that if the retailer fails to deliver the products, a full refund is legally required to be given to the customer. that does not mean the contract was never bound.

rhinopaul

I'm assuming its not Amazon direct as you say via Ring and paid £4.95 … I'm assuming its not Amazon direct as you say via Ring and paid £4.95 postage so you will need to contact Ring not Amazon.Any company can cancel a transaction, they are not legally obliged to sell you the item. The contract is only bound once you have received the goods.

1. OUR CONTRACTYour order is an offer to Amazon to buy the product(s) in … 1. OUR CONTRACTYour order is an offer to Amazon to buy the product(s) in your order. When you place an order to purchase a product from Amazon, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). If you are using certain Amazon Services (e.g. Amazon mobile applications) the Order Confirmation may be posted on a Message Centre on the website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Message Centre of the website confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract is with Amazon EU Sarl. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.



If you look at the T&C of any company which sells online they should state what constitutes acceptance and therefore a binding contract.

Amazon.co.uk state it here amazon.co.uk/gp/…616

rhinopaul

Oh here we go. So what happens when the goods go missing, you get … Oh here we go. So what happens when the goods go missing, you get refunded. Its only bound once youve received the goods .



You get a refund when goods go missing because legislation gives the seller responsibility of those goods right up until they are delivered to the consumer.

windym

If you look at the T&C of any company which sells online they should … If you look at the T&C of any company which sells online they should state what constitutes acceptance and therefore a binding contract.Amazon.co.uk state it here https://www.amazon.co.uk/gp/help/customer/display.html/ref=footer_cou?nodeId=1040616


There is legal requirements any online retailer has to adhere to. Regardless of what their own terms and conditions state that can not override legislation.

A contract is formed at the point of despatch.

from the Amazon terms and conditions linked above:

"We only accept your offer, and conclude the contract of sale for a product ordered by you, when wedispatch the product to you and send e-mail or post a message on the Message Centre of the website confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. "

These T&Cs seem a bit dodgy. It suggests you tender an offer and Amazon's acceptance is only when despatch happens. But even so, they take payment before they despatch. I'd think this is an unfair trading practice and there may be a good argument that regardless of T&Cs, the contract is formed when they take the payment.

They might possibly just get away with it if they hold these 'prepayments' in a separate trust account, but I doubt they do that. Instead its good enough that consumers just put up with being taken advantage of this way.

dannz

These T&Cs seem a bit dodgy. It suggests you tender an offer and Amazon's … These T&Cs seem a bit dodgy. It suggests you tender an offer and Amazon's acceptance is only when despatch happens. But even so, they take payment before they despatch. I'd think this is an unfair trading practice and there may be a good argument that regardless of T&Cs, the contract is formed when they take the payment. They might possibly just get away with it if they hold these 'prepayments' in a separate trust account, but I doubt they do that. Instead its good enough that consumers just put up with being taken advantage of this way.



​that's the same for all retailers, it protects them incase of mis-prices, admin errors, lack of stock etc. until they dispatch the goods to you the contract is not complete.

also, IIRC, Amazon take payment on dispatch, at least for large orders. they sometimes may 'hold' funds in my experience but it wont debit, although that may have changed since i last used them.

Thanks adamspencer95! If they don't take payment at time of order but only when despatched, then that makes a lot more sense. I didn't realise that's how it works.

But even so, wouldn't Dragon32 then have a binding contract with Amazon since they took the money and despatched the item. It then seems they breached the contract and he is therefore entitled to damages for breach - i.e. difference between contract price and the cost he will now have to pay to get this item.

dannz

Thanks adamspencer95! If they don't take payment at time of order but … Thanks adamspencer95! If they don't take payment at time of order but only when despatched, then that makes a lot more sense. I didn't realise that's how it works. But even so, wouldn't Dragon32 then have a binding contract with Amazon since they took the money and despatched the item. It then seems they breached the contract and he is therefore entitled to damages for breach - i.e. difference between contract price and the cost he will now have to pay to get this item.



​in theory, yes, but it depends on whether it was Amazon direct or through a 3rd party. either way, if the OP receieved a dispatch confirmation email and payment was taken, then subsequently cancelled, i would personally complain on Amazon live chat stating this and see what they come back with

Yes, I'd be making complaint too as you suggest.

You have been refunded. That's really the end of it. Read up on the item and buy a plug in one for a tenner then be thankful you saved all that cash for a gimmick

Original Poster

That made me laugh.

Give them a Ring that should sort it

If we're talking about the same Deal here hotukdeals.com/dea…856

Amazon Warehouse operates a bit differently from ordinary Amazon as they're returns/open box/dented packaging/warehouse damaged etc - you get shorter guarantees for electrical items, there is very limited stock (usually one item, sometimes a couple) which means many can order all at once and that's probably what's happened to you.

Sometimes Amazon Warehouse stock can get lost or be broken or spoiled at the packing stage (I assume) because I've had Warehouse items "Preparing For Dispatch" then "Delivery Estimate" then refunded - happened to me a few times. Could even be a stock allocation error - but good luck asking Live Chat, they will insist you're getting it unless the status changes to Delivery Estimate.

From the FAQs at the bottom of this page amazon.co.uk/Ama…031 "Due to the unique nature of each Amazon Warehouse Deals item, we unfortunately will be unable to replace any item."

Must say, after making quite a lot of AW purchases over the last few years, their grading system is pretty hit and miss - had some wonderful surprises and some real disasters.
Edited by: "louiselouise" 9th Mar
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