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Amazon.com Contract Breach "Long"

Discussion in 'BlackHat Lounge' started by lostmkiv, Apr 11, 2013.

  1. lostmkiv

    lostmkiv Registered Member

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    Cliff Notes

    I placed order on amazon.com for 45x used phone's from warehouse amazon accepts my deal sending email confirming deal shipped phones and charged card "Legal Binding Deal"
    Amazon does not email me redirect my phones and claims misprice holds my money captive and does not release it until they get the phones back.
    This is pretty scary to know that at any time amazon.com can cancel the deal even if they already shipped you and charged you and make you wait to get your own money back.. I spent hours and hours to just get my money back.

    Phones were $10 each I normally buy them off ebay for around 30-120 each
    _________________________________________________________________________________



    On 4/3 i placed a order on amazon.com for 45x a phone for $10 each "Used" From amazon warehouse

    I am a buyer and seller of these phones so i buy in bulk.

    Normally i buy these phones for around $30-120 off ebay and i have seen amazon ask as much as $175 for each one used.

    On 4/4 i received a email saying my item was shipped and my card was charged

    On 4/5 amazon.com had ups intercept my package without emailing me

    On 4/7 I called amazon to find out why my package was being sent back to amazon and customer service was unable to help me saying they do not know and tried to have my package shipped back to me
    The amazon customer service manager said he would have my package sent back to me and call me in a few hours but at latest by 5pm the next day

    I contact ups to see if they updated the info and had my package sent to me but UPS said they can not do a redirect after a intercept was done.

    The customer service manager emailed me saying he would email me in 24 hours i replied that i contact ups and that my package was still on route to be returned and to help assist me.

    Then Amazon emailed me this
    __________________________________________________ _________________________________

    I've read the notes from our previous phones and chats and I'm very sorry about
    the incomplete information you received.

    I understand your concern regarding the tracking status of order

    I've checked and see that the price of 'Phone' -
    was incorrectly listed recently on our website.

    We regret the error that resulted in an incorrect price being displayed for
    'Phone'.

    At any given time, despite our best efforts, a small number of the millions of
    items on our site may be mis-priced. We do, however, verify prices as part of
    our shipping procedures.

    Unfortunately, in this case we were unable to honor the incorrect price, and
    your order was being returned back to Amazon.

    We won't be fulfilling any more orders at the incorrectly posted price.

    Once this package has been received, our returns center will issue a full refund
    for this order. We'll send an email once the refund is complete.

    __________________________________________________ __________________________________


    My question is since my card was charged and my item was shipped was a contract formed and should they be liable to withold there end of the transaction?

    I spoke with customer relations but he isnt answering my emails anymore he just said they are not going to honor the price. He sent a total of 2 emails i sent a total of 4 to him

    Its 4/10 i do not have any $ or my item.

    How can they hold my Funds and keep the items? <- I posted this on amazon forums earlier today I just got a refund about a hour ago.. but what they did is not legal one bit

    Doesnt make much sense

    Anyone else deal with anything like this from amazon?
     
  2. Nigel Farage

    Nigel Farage BANNED BANNED

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    In fact I think in many states it is a crime to advertise something at a low price, and then fail to sell the item at that price. It's called "bait and switch". It may depend on exactly how it plays out, as I think the primary intent of the scam is to use the falsely low price to lure customers into a (physical) store in order to "switch" the item's price to a higher one, with the idea that since they have gone to the trouble of showing up in the store, they are less likely to leave without paying the newly inflated price.

    How that all applies to an online transaction, IDK, as Amazon isn't really going to benefit from advertising those items at a low price and then not complete the sale.

    You might consider the possibility that it's all a big lie, and that someone within Amazon has redirected the sale away from you and towards a friend or even themselves. The sale may actually have happened at that price, only you aren't the one that got it.
     
  3. lostmkiv

    lostmkiv Registered Member

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    Yeah you never know.

    I did alot of research about invitation to treat basically amazon had lawsuits for misprices items in the past and they always claim as a defense "Item was not shipped so a contract was not made we charge your card when the item is shipped".. In my case.. it was in my state actually within 15 miles my local hub when they took my items back.. I cant believe they could do such a thing expecially over a used item..
     
  4. DownTheRabbitHole

    DownTheRabbitHole BANNED BANNED

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    Best Buy is the king of the bait and switch. I needed a new LCD screen and fast. I went at one day to see what they had. On the display area they had about 10 different models. I finally chose the one I wanted (24", listed at $200). When I went to the inventory area, I found the same brand and same size on the box, so I grabbed it and went to the cashier.

    It rang up at $300!!! I said, no way, the display said $200. So I went back and checked, and when I got there, I realized it was the same size and same brand, but the model number was different. The $200 was not stocked at the inventory section. I then tried to find that more expensive version at the display area, but it wasn't even there.

    It's technically not "illegal" because they can say "oh it's a different model, we are out of stock of the $200 one". In reality, it's a different form of bait and switch and a totally shitty business practice. I know from other customers that this isn't a new tactic for them. They make you think that you'll pay $200, only stock the $300 one, and assume you'll just take it anyways because you like the other one.

    Dicks...
     
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  5. Zapdos

    Zapdos Power Member

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    It is legal for them to cancel the order. It's not a bait and switch with them advertising X and then charging Y. It was them advertising Z, charging Z and then afterwards noticed it was meant to be X. You yourself even mentioned that you normally buy them for significantly more. Would you honor a loss of thousands?

    Some people have tried to take a misprice to court and they all lose. The judges all say a typo doesn't have to be honored.
     
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  6. edgematch

    edgematch Elite Member

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    Are you sure? That may be true till you pay. But after payment, and if it is on the shipping, I think it is not the property of amazon anymore.
     
  7. Zapdos

    Zapdos Power Member

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    If you believe it to be illegal you could contact your states attorney general. They usually handle commerce problems with advertising, sales and shipping. With many states hating Amazon avoiding sales tax they may have a deeper look into their methods. It really depends on which states' laws will be used. I'm not a lawyer so don't take what I say with 100% certainty. I dont know all laws of all 50 states :p I just know in general that judges agree with the merchant due to typos.
     
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  8. lostmkiv

    lostmkiv Registered Member

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    Amazon is invitation to treat and by making a offer on a price on the website amazon does not have to accept that price so if amazon has a listing for a gold chicken and the cost is $1 but they normally sell for $1000 amazon can decline the offer no harm done. But if amazon accepts the offer then that different. Amazon did accept my offer charged my card and shipped my item by contract law amazon and i did enter a contract. So what if i have paid more in the past for the phones? So now if anything is cheaper then what i normally pay on amazon its a price mistake? I thought thats why you use amazon to get good deals.. i usually buy them on ebay for $30-50 so buying them for $10 isnt that crazy of a deal. Used from amazon warehouse in "good" condition. No charger box or anything extra.
     
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  9. lostmkiv

    lostmkiv Registered Member

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    I already got legal aid on the case basically it will cost to much and use to much time for me to really even benefit so i thought i would just share my case with my fellow mates = ).. I say we all boycott amazon... all i wanna know man.. is whos coming with me..???? hmmmm WHOOOSSS COMING WITH ME?
     
  10. Zapdos

    Zapdos Power Member

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    http://www.amazon.com/gp/help/custo...1?ie=UTF8&nodeId=508088&qid=1365667341&sr=1-1
    That's part of their T&C which you agreed to when ordering. Your only recourse is finding a state or national law forbidding that stipulation or forcing them to honor the misprice. That will either require you to get a lawyer or contact the states AG.
     
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  11. lostmkiv

    lostmkiv Registered Member

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    A contract is said to be in place when an offer has been made by the retailer, the offer has been accepted by the consumer, and an exchange - either of goods or of payment - has taken place. Unless a contract is in place, consumers can't challenge the retailer for a breach of contract.

    Amazon's terms and conditions, displayed here, state: "No contract will subsist between you and Amazon.co.uk for the sale by it to you of any product unless and until Amazon.co.uk accepts your order by e-mail confirming that it has dispatched your product." [our italics - and thanks to reader Andrew Soong for the link.]

    In short, even though a buyer has ordered the £7.32 iPaq and had that order confirmed by Amazon - as many Register readers have - no contract exists between the e-tailor and the buyer.

    In short, you don't become an Amazon customer until the company ships your order. At that point it bills your credit card, and the exchange aspect of the transaction is deemed to have taken place and a contract between buyer and seller put in place. This is all legal and above board, and Amazon is by no means the only retailer to include such a clause in its Ts&Cs.
     
  12. Nigel Farage

    Nigel Farage BANNED BANNED

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    <cri-cket>


    <cri-cket>


    <cri-...

    cket>
     
  13. lostmkiv

    lostmkiv Registered Member

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    Opps.. I made 2 threads on accident = /

    Crickets.. what? cmon man.. commme on man =)