None of those apply to this case. This first of all was not a pricing mistake on an item (even as the total came out to be 0.00, the item price was not a mistake; the things were bought with a certificate). Furthermore, Amazon policy says nothing of items already sent to your house that you would have to send it back. Secondly for those who recieved the email indicating you have to return it by May 19th, look more closely.
If Amazon wanted the money for items, they would have charged you already. Theres no reason why they wouldn't. If on May 19th, they will make unauthorized charges, why not make them now? Does it make any sense? Well it would if you see that May 19th is almost exactly the 30 day refund period for which people can return electronic (which is I will assume what most people bought) items. Things were shipped out around the 15th-20th and that is about when Amazon caught their mistake. Now that we have the product, there is not one part in thier policy that says once we recieved it, we have an obligation to give it back even if the price is wrong. All of the above articles indicate and relate to items being underpriced and cancelled BEFORE shipment. Read the first paragraph
"
The company said that its terms of use strictly state that no contract for sale has been formed until customers receive an e-mail stating that their order has shipped, meaning it has no obligation to hand out Hewlett-Packard iPaqs at rock-bottom prices. "
We will be canceling orders made for the HP iPaq Pocket PCs at the incorrect price this morning," the company said in a statement."
Okay now, first of all, Amazon just admitted to us that we have a binding contract once we recieve the shipment notice. Second of all this is Amazon's policy
"If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation." (founded at
http://www.amazon.com/exec/obidos/tg/browse/-/468502/ref=br_ca_/104-4373429-9043962)
So there, that is once again, giving the customer the upper hand. Most importantly, we have to understand that Amazon is essentially asking us to LIE which is itself an absurdity. THey are telling us to select "missed delivery date" or something like that as the reason when it clearly wasnt. They want gullible people to return it. Amazon lost legal possession of the products when they went it out and customers have the legal right to the items. Secondly, Amazon really cant legally charge you. Just talk to your credit card company about it. But first, print out copies of your invoices and take screenshots. Just in case. If you processed a return, AMazon has legally recieved the products back.
That I am sure of. ALl of this was constructed with the help of another person on a different forum as well as information I found myself.
Now this is a bit weak and I am not sure how far we can take it.
AGain I will post their policy
"If an
item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation."
Note how it says specifically an items correct price. Well for those of you who got your orders cancelled you might be able to argue that the item price itself of the things you bought were NOT underpriced. In fact, you bought it at full price and the so called technical error was what brought the total (different than item price) down to $0.00. In essense, the items were purchased at full price and the total, while showing $0.00 does not excuse the fact that the price of each item you bought were correct.
To conclude, I would suggest speaking to Amazon directly at 18002017575. That number was a b*tch to find. Thanks to someone else who complained so much that he had to make his own website. I forgot the website now, but I will be sure to credit him later. In any case, definetly speak to AMazon arguing with what I stated before and suggest/hint at the fact you
should be able to have the rest of your items.
Disclaimer typeish thing: I am not asking anyone to cheat Amazon. If you ordered 10 plasma tvs or something like that, please return it. If you ordered a cd or you were honest and ordered soap, then I think it is understandable if you kept it. I am only posting what I think is right and I am in no way responsible for the outcome of your individual situation. I am not a lawyer and these do not constitute legal advice. I am simply pointing out flaws that I see and the other guy saw. Simply put, please dont hold me accountable if anything goes wrong.
