Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Amazon help

3 replies

Bringmewineandcake · 06/07/2017 00:04

Hoping someone can help with this situation as Amazon are saying there's nothing they can do.

I ordered 5 things via Amazon, 2 of which were sold by blah blah company (not real name!) and fulfilled by Amazon. They were sold as "add-on" items and not via the marketplace if that makes any difference.

I don't want to say exactly what they were but it was the equivalent of ordering 2 box sets of books. I got the order confirmation email and the dispatch confirmation email a couple of days later which stated that the 2 box sets had been sent to me.

I received 1 book from each set. I've been in touch with Amazon ever since they were delivered 3 weeks ago, and they've been "investigating". They now say that they can't fulfil my order (send replacements in their words) as 'the product is sold by a seller".

I know that had the order been cancelled at the checking stage then I wouldn't have any rights in this matter. However, my limited knowledge of contract law leads me to believe that a contract has been formed, by the taking of my money and the confirmation that the goods I ordered were being sent.

If I'm correct, how do I enforce the contract? I've had no direct contact with the seller hence going to Amazon to seek my order being fulfilled.

They offered and automatically processed a refund which I responded straight away to say I want the goods not my money back.
Thanks in advance

OP posts:
akkakk · 06/07/2017 00:07

if they refund the money you basically will have no legal redress / ability to force them to send you the full sets...

a consumer has rights, but a full refund putting you back where you were prior to the transaction will satisfy consumer legislation, you don't have a right to force your choice of how your consumer rights are satisfied, as long as they are...

Bringmewineandcake · 06/07/2017 13:19

Bump for daytime

OP posts:
prh47bridge · 06/07/2017 13:31

Your contract is with blah blah company, not Amazon.

As akkakk says, you cannot force them to supply the box sets. It is probably that a contract has been formed but you would need to see the seller's terms and conditions to be certain. If there is a contract and you can purchase the box sets from another supplier you may be able to reclaim the difference in cost from blah blah company (assuming the other supplier is more expensive). However, it is unlikely to be worth the time and cost involved in pursuing this.

New posts on this thread. Refresh page