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Cheap i-pod @ £13.13 - fridays amazon mistake watch

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    (Original post by Clements-)
    No, it's just bad from TSR.
    oh clemmy :camp:

    you make no sense :moon:

    unless... :holmes:
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    (Original post by wes)
    Despite our efforts, a small number of the millions of products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
    But yeah, I think that's what's confused a lot of people because they have different terms and conditions for marketplace sellers, which is what this was.
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    (Original post by Caledonian)
    [NOTE THIS WAS DONE THROUGH MARKETPLACE, HENCE AMAZON'S OWN T&C DO NOT APPLY HERE - I quote from the amazon manager I spoke to today.

    Excellent.

    Okay, to start off with, let's quickly sum up a few points that support our case. (Yes, there might be a few that give them the right to do this, but we'll find a way to tackle them in a bit).

    This is the main bit of their T&C that supports us:

    '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, this e-mail confirms the completion of your contract to purchase those items.'

    Before telling amazon anything at all about our situation, I asked them what, in terms of a legal contract, does this email entitle us to. They said that the contract for us to be legally obliged to receive the product is only fully confirmed when you both HAVE THIS EMAIL + when they have TAKEN THE MONEY OUT OF YOUR ACCOUNT.

    Now, this immediately puts them on shaky ground:

    1). The contract isn't at all clear in the email. (http://www.oft.gov.uk/advice_and_res...what-is-unfair) ''According to the UTCCRs, a standard term must be expressed in plain and intelligible language. A term is open to challenge if it could put the consumer at a disadvantage because he or she is not clear about its meaning - even if its meaning could be worked out by a lawyer. If there is doubt as to what a term means, the meaning most favourable to the consumer will apply.''

    From the email alone, it seems that the contract has been set in place. Nothing is entirely clear to us.

    2). For some of us, they have actually debited us of the account balance. For others, their available balance has been debited by £13.40. In both cases, it seems that they have debited our accounts (regardless of whether or not the money has PHYSICALLY been taken out of our accounts). Also note 1) here - shaky terms; terms that put our fair interpretation in favour of whatever might be the reality.

    3). Also note this from (http://www.adviceguide.org.uk/index/...r_rights.htm): There are a number of things a trader is not allowed to do when they sell you goods. These include:give a misleading price, either in writing or verbally.

    This is exactly what they've done - put up a misleading price, even if it may have been 'by accident' as they admit it to be. In fact, this has been done on several occassions according to their 'feedback'.

    .....

    Keep the ball rolling guys, in terms of supporting us.
    You are correct in terms of the T&Cs; it looks like there is a contract.

    The problem for you is mistake, which would serve to render the contract void and unenforceable. Google for "unilateral mistake in English law" for more info. Basically, if one party (the company) made a mistake, and you knew or should have known about that mistake and subsequently take advantage of it, then the purported contract is void and unenforceable.

    If the ipod was on there for something like £130 when it should have been £150, then it would be very hard for the company to claim mistake. However, the price of £13.13 is so cheap that it must have been obvious that a mistake was made, and so I doubt whether you could enforce the contract.

    If mistake does operate here, then the money debited from your account was paid under a mistaken belief in the validity of the above contract, and you are entitled to get that money back via an action called unjust enrichment in the law of restitution. But there would be no contract and you aren't entitled to the ipod.
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    I'm in for taking down these SOBs and claiming the iPods that are rightfully ours. It's best to at least try than give up accepting it was 'a mistake we should have known about'. Who's to say we should have known it was an obvious mistake?
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    (Original post by PurpleMonkeyDishwasher)
    I'm in for taking down these SOBs and claiming the iPods that are rightfully ours. It's best to at least try than give up accepting it was 'a mistake we should have known about'. Who's to say we should have known it was an obvious mistake?
    Anyone with an ounce of common sense? There is no way anybody would sell a £250 product for £8.

    It would have been good for you guys to get them but it was always going to bo unlikely.
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    (Original post by G8D)
    I love how everything thinks they have been treated unjustly.

    Move on, you must have know it was never gonna happen when you placed the order.
    This. I would have ordered loads of them if I had seen it, but it was quite obvious it was never actually going to work. It's clearly a mistake, and seeing as half of you lot ordered about 10 ipods it's clear that you know it's a mistake (and therefore trying to profit). Just give up
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    Flippin hell, they haven't replied to my complaint yet, me thinks I might have to phone them up tomorrow.
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    Dear Sir, Madam

    Again, please accept our apologies for any disappointment and inconvenience this may have caused.

    A contract only takes place when we confirm shipment as in Amazons Terms & Conditions in their participation agreement, you signed up to this when you opened your account with them (Section 6).

    Again please accept our sincere apologies.

    Kind Regards
    Customer Services


    GOD DAMN IT! Was worth a go at least :P
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    (Original post by sandeep90)
    Dear Sir, Madam

    Again, please accept our apologies for any disappointment and inconvenience this may have caused.

    A contract only takes place when we confirm shipment as in Amazons Terms & Conditions in their participation agreement, you signed up to this when you opened your account with them (Section 6).

    Again please accept our sincere apologies.

    Kind Regards
    Customer Services


    GOD DAMN IT! Was worth a go at least :P
    That's amazons t&c. ARGUE BACK.
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    (Original post by Clements-)
    That's amazons t&c. ARGUE BACK.
    Argue back with what though, all I really had was the 'For items purchased from third parties in Marketplace, this e-mail confirms the completion of your contract to purchase those items.' quote and they appear to have trumped it. Someone help!
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    (Original post by sandeep90)
    Argue back with what though, all I really had was the 'For items purchased from third parties in Marketplace, this e-mail confirms the completion of your contract to purchase those items.' quote and they appear to have trumped it. Someone help!
    No they haven't.
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    (Original post by Clements-)
    No they haven't.
    Ok then I'm going to need to say something seriously good, otherwise it's just gonna be a war of 'I'm right', 'No I'm right' and so on...
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    (Original post by Clements-)
    That's amazons t&c. ARGUE BACK.
    http://www.amazon.co.uk/gp/help/cust...nodeId=3216781

    While Amazon helps facilitate transactions that are carried out using the Service, Amazon is neither the buyer nor the seller of the seller's items. Amazon is not an auctioneer, neither is it an intermediary between the buyer and the seller. Amazon provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of this Participation Agreement. Amazon is not the agent of either seller or buyer in their dealings with each other and has no authority to legally bind either of them. Accordingly, the contract formed at the completion of a Fixed Price Sale is solely between buyer and seller. Subject to any assignment under clause B.6.3, the enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. Amazon is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Because Amazon wants you to have a safer buying experience, Amazon provides the Amazon A-z Guarantee in clause C.1 below, but otherwise buyers and sellers use the Site and the Service at their own risk. Subject to the terms of this Participation Agreement, the seller will resolve any subsequent dispute directly with the buyer, or under the Amazon A-z Guarantee described in clause C.1.
    According to this clause, their T&Cs aren't a legally binding contract for you and a marketplace seller.
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    (Original post by sandeep90)
    Dear Sir, Madam

    Again, please accept our apologies for any disappointment and inconvenience this may have caused.

    A contract only takes place when we confirm shipment as in Amazons Terms & Conditions in their participation agreement, you signed up to this when you opened your account with them (Section 6).

    Again please accept our sincere apologies.

    Kind Regards
    Customer Services


    GOD DAMN IT! Was worth a go at least :P
    i got the exact same, so i have replied, quoting the amazons terms and conditions. i dont want the ipod anymore, i just wanna piss them off a bit lol
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    I got the same one.
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    Why does it seem you have to be studying law to understand how to shop!?
    I have been shopping independently for quite a few years now and I realise I seriously don't know anything about consumer rights. :sigh:

    Educate meeeeeeeeeeeee.
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    http://tech.uk.msn.com/news/article....ntid=148306188
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    So has anyone recieved there ipod yet??
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    different country, different rules
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    (Original post by ViolatedTreason)
    different country, different rules
    Thanks captain obvious, was more for interest purposes
 
 
 
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