The Continental Op wrote: » I thought I'd post this to see if anyone else has had this problem. I ordered and item that is in stock and Sold by: Amazon EU S.a.r.L. I've Amazon Prime so get free delivery. I ordered it about 2 weeks ago and got the message "We will email you when we have an estimated delivery date." Also checked with a UK delivery address and that goes straight through with next day delivery. After a week I went on chat and asked what's the problem. Answer was its stuck in the system and that I need to cancel the order and reorder. Left it a day then ordered a second item then cancelled the first. I did it that way incase I got a sorry not available to you address msg for the second order. Same msg for the second order "We will email you when we have an estimated delivery date." So a couple days later I get on to chat again and this time the problem is that they can't find a courier for it? The reps says he'll contact the fulfillment center to get it sent. And another few days and third reason is the best yet "this item is not available at the price shown during the validation of your order.". Yet the order still stands and the rep is supposedly going to raise a ticket with the fulfilment center. So Amazon are advertising an item sold by them as in stock, available to Ireland but they won't sell it to me at the price listed? Yes I know its a third world problem and I'm making a fuss about not a lot but at this stage I'm only chasing this because I want to see where it goes. I suspect at some stage Amazon will sell the last one to someone in the UK and then just say they are out of stock can't get anymore and cancel my order. I fully understand I can't force them to sell an item to me.
cap.in.hand. wrote: » I can't see the problem if amazon say they'll contact you re delivery and left it at that...not you contacting them.
corkie wrote: » What is the item? Maybe on prohibited list for couriers? and amazon shouldn't be selling it to Ireland in the first place. Is the item also available on EU sites (you won't have prime so you lose out that way).
The Continental Op wrote: » I knew someone would mention that so I copied and pasted the words from the invoice in the OP "Sold by: Amazon EU S.a.r.L" If it wasn't sold by Amazon I wouldn't bother chasing it.
Deleted User wrote: » Does it say "Dispatched from and sold by Amazon EU Sarl" on the Amazon product page? If so, I believe the mistake thy made was letting you initially buy the product as I'm pretty sure many such items are only supposed to be allowed to be delivered to mainland UK.
Wabbit Ears wrote: » I had this. Ordered some weights at the start of lockdown. This was the only listing I could find that shipped to ireland and was on prime so happy days. Ordered. Item showed as being prepared for shipping but never went beyond that. no tracking or the usual. finally contacted support and was told there was something wrong with the order and they cancelled it ansd said to re-order. lo and behold it had updated to say didnt ship to ireland. I figure it was either too heavy or didn't really qualify for prime shipping to ireland and was mislabeled in the listing. Some randomer in the warehouse got a 'computer says no' when they went to fulfill it.
The Continental Op wrote: » Copy and pasted from the listing "Dispatched from and sold by Amazon" .Thats no doubt the problem but as I said they could have said that when I first contacted them. It's still available to Ireland and I've just ordered it again to check and cancelled.
The Continental Op wrote: » Will check the EU sites now. It's nothing thats on any banned list. Edit> Amazon.de want €43,22 Postage & Packing for the item which is about the same price approx €150 on both sites.
JCJCJC wrote: » What about the money side of it - did Amazon debit your card? If so, the contract is in place and they are obliged to fulfil it. Threaten consumer affairs on them. You have a whole bundle of legal rights as a consumer under EU law.
ohnonotgmail wrote: » you will be wasting your time. the contract is in place when amazon ship the order.
JCJCJC wrote: » That’s new law. My understanding of the law is that the contract is in place when the consideration passes.
ohnonotgmail wrote: » read up on amazons term and conditions.
JCJCJC wrote: » I just scanned them, life is too short to study all of them. They do allow for small claims courts which might be worth exploring, and even if they have conditions which attempt to set aside settled law, there are EU regulations on Unfair Terms in Consumer Contracts that an Irish Court will uphold.
ohnonotgmail wrote: » they are very clear on when a contract is formed.
JCJCJC wrote: » My point is that if so, that’s an unfair term.
ohnonotgmail wrote: » you have no idea what their terms say about when the contract is formed so how can you be sure it is unfair?
Deleted User wrote: » The last two items that i've returned have not had a refund issued the same day i dropped them back to the Post Office like they used to do. This happen to anyone else recently??
VG31 wrote: » I returned something about 10 days ago and got the refund the same day as normal.
JCJCJC wrote: » It’s well settled law that an enforceable contract is formed when the consideration passes. This applies whether the contract came into existence on the basis of offer and acceptance, or notice to treat and acceptance. In either scenario, the moment the consideration passes, the contract comes into existence. If Amazon try to vary that, there’s the unfairness that the OP would ask the small claims court to uphold.
Darc19 wrote: » Correct in a physical sense, but not online. It is very well understood that the contract for an online purchase is when the item is delivered. It is stated very clearly in the terms and conditions of all websites and if you decide not to read them, such excuse would be laughed out of a court.
Panrich wrote: » This sounds like very lopsided legislation that allows taking of funds without the provision of goods and services. I’d understand this if the law also stipulated that payment cannot be taken prior to the establishment of a contract.
The Continental Op wrote: » But they don't actually take the funds. They in effect put a hold on the funds in your bank account and release that hold if they can't deliver. You can't use the money in the meantime but it doesn't mean its in the sellers bank account.