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[Cosmic Bus]

Last week Amazon was running a B1G1 promotion on a number of DVD sets, where, as with any sale of this type, you pay for the more expensive title and are given the least expensive one for free. There turned out to be a glitch, though, that calculated both items as free and only charged for shipping costs (or no charges at all if you happened to opt for free shipping).

Items Ordered 	Price 
1 of: Rescue Me - The Complete First Season [DVD]  $36.49

1 of: Rescue Me - The Complete Second Season [DVD]  $36.49

Item(s) Subtotal:	$72.98
Shipping & Handling:	$3.97
Promotion Applied: 	$-36.49
Promotion Applied: 	$-36.49
 	-----
Total Before Tax:	$3.97
 	-----
Total for this Shipment:	$3.97

The error was corrected on their site within a number of hours, IIRC, yet Amazon did not cancel all of the "free" orders. Some were terminated, but a good percentage of them were shipped -- mine included, and received a couple of days ago -- despite Amazon having full knowledge of the error.

Now Amazon has e-mailed everyone who had a finalized order with the following:

Hello from Amazon.com.

In reviewing your order placed on 23-Dec-06, we discovered
that due to an error we did not charge you the correct amount for the
items you purchased. According to the terms of the promotion,
purchasing one DVD at the regular price entitled you to a free DVD of
equal or lesser value. You can view the terms of the promotion here:

http://www.amazon.com/gp/product/pr...&promo=ASBWFYDM3SJCA&merchantID=ATVPDKIKX0DER

Because these items have already shipped to you, you can either keep
the items and we will charge you the amount you should have been
charged or you can return the items - at no cost to you - to
Amazon.com within 30 days. Please note that we can only accept the
return of unopened items in their original condition.

To return items from this order, please visit our Online Returns
Center:

http://www.amazon.com/returns/

As the return is the result of our error, you will not be charged for
return shipping. To make sure you are not charged for return shipping,
please select "Missed estimated delivery time" as the reason for
return in the drop-down box that appears on the form.

If you decide to keep the items or we have not received the items you
wish to return by January 28, we will charge your credit card for any
unreturned items in a manner consistent with the terms of the
promotion described above.

Please be assured that the amount that would be charged to your
account is the same price that was listed on the product detail page
on our web site at the time you placed your order.

We apologize for this inconvenience and appreciate your understanding
in this matter. Thanks for shopping at Amazon.com.

Best regards,

Amazon.com
Customer Service
https://www.amazon.com/?tag=neogaf0e-20

I won't claim to entirely understand the legality (or lack of?) surrounding their intention to make an additional charge to customers after the fact, but it strikes me more as a scare tactic than anything. This was likely a costly mistake for the company, but these purchases were completed and as far as I'm concerned, that's the end of it. Their pricing reference page states that in the case of an error like this, they'll cancel the order or contact you before shipping, which of course, did not occur.

From what I gather reading a lengthy discussion on another site, Amazon's customer service representatives are actually telling people that the company has no right to charge a full price after a sale is finished, and that customers disputing any additional charges with their credit card companies will receive no argument from Amazon. Way to have a unified, coherent stance on the issue, guys. :lol

It comes down to a question of ethics, in my opinion, and this was as "legitimate" a mistake as any (though willingly and knowingly exploited) and I have no intention of simply sending back my items or allowing them to charge me for them. Such are the pitfalls of automated ordering in the online world, and I'd imagine they'll keep a better eye on their site in the future.

 

[Archaix]

Sure, it was a clear error, but if you go to best buy and they accidentally charge you the wrong amount for an item, they can't exactly overcharge you by the same amount if you come back to the store weeks later. Pretty ****ed up.

 

[Stele]

It comes down to a question of ethics...

So basically you're telling us you have none. Hurray for humanity.

 

[BlueTsunami]

Goodcow won't be pleased with this thread

 

[NotMSRP]

I am sad that I missed out on this.

 

[The Elite]

The agreement was that you would pay for one and get the other free. Most likely, a good majority pounced on the deal when the heard of the "glitch". I think there is no problem with them now charging people as long as they give them the option to return the item instead.

If you accidentally get overcharged for a product in a store and notice it after on your receipt at home; do you just leave it or do you go back and ask for the ammount to be refunded?

Same thing but this is the retailer requesting the amount given to them. Just because they are a large company doesn't mean they are not entitled to their money.

 

[Cheebs]

Amazon shouldn't charge, it was their mistake.

About 2-3 years ago I ordered a game on Amazon and they shipped me EIGHT copies but only charged for the one. :lol Needless to say I returned the other 7 copies at various EB's and GameStop's getting myself 7 free games.

 

[maynerd]

Amazon shouldn't charge, it was their mistake.

About 2-3 years ago I ordered a game on Amazon and they shipped me EIGHT copies but only charged for the one. :lol Needless to say I returned the other 7 copies at various EB's and GameStop's getting myself 7 free games.

NICE

 

[Phobophile]

The customer is always right, bitch.

 

[commish]

I'm pretty sure they can charge you. A few years ago, EB sent me two Battlefield 1942's by mistake (ordered 1), and then sent me an email saying "Lol gimme it back", I just kept it, was never charged. Not quite the same as this, though.

 

[Raistlin]

Since you thought you were getting the correct price ... even if they have the rite to charge you the difference ... I'm pretty sure they must also offer to take back the titles at their cost.

 

[goodcow]

Lgeally, they can't charge you after the fact, and you can easily do a credit card reversal.

Morally, if you KNEW you were scamming them at checkout, that's just wrong.

However I have no qualms when customer service ends up ****ing up if I'm not actively making them doing it, and knowing I'm scamming them.

 

[The Elite]

Since you thought you were getting the correct price ... even if they have the rite to charge you the difference ... I'm pretty sure they must also offer to take back the titles at their cost.

Which I believe they are doing. If you were charged and didn't receive a product due to a "glitch"... people would be screaming for heads to roll. The other way around and everyone laughs and feels they shouldn't have to pay.

 

[commish]

Lgeally, they can't charge you after the fact, and you can easily do a credit card reversal.

Morally, if you KNEW you were scamming them at checkout, that's just wrong.

However I have no qualms when customer service ends up ****ing up if I'm not actively making them doing it, and knowing I'm scamming them.

I'm pretty sure they can fix a billing mistake. Customer expected to pay 40 dollars or whatever, so I don't see what they have to complain about. That they didn't get over?

 

[goodcow]

I'm pretty sure they can fix a billing mistake. Customer expected to pay 40 dollars or whatever, so I don't see what they have to complain about. That they didn't get over?

No, they're "expected" to pay $40, however the billing summary at checkout, the page where you authorize or deny the charge, lists a different value.

Amazon cannot legally charge another value other than what you authorized after the fact, and any disputes made with credit card companies Amazon would lose.

 

[Schattenjäger]

So basically you're telling us you have none. Hurray for humanity.

imagine he smoked weed and used women as objects for sex..

he'd become GAF's equivalent to Hitler

 

[MetatronM]

Yeah. Basically all you have to do is turn around and tell Amazon that you're going to authorize your credit card to cancel the payment, and what are they going to do about it?

They can't charge you something you did not actually agree to just because they meant to have you agree to it the first time around and screwed up. The wording of this email is such that it creates a situation whereby they can claim you did agree (by not returning the DVD), but that's a one-sided contract of sorts that would never hold up.


Either way, I don't care. Didn't order anything from them.

 

[JB1981]

Which I believe they are doing. If you were charged and didn't receive a product due to a "glitch"... people would be screaming for heads to roll. The other way around and everyone laughs and feels they shouldn't have to pay.

Exactly. Send the disc back you hypocrites.

 

[commish]

No, they're "expected" to pay $40, however the billing summary at checkout, the page where you authorize or deny the charge, lists a different value.

Amazon cannot legally charge another value other than what you authorized after the fact, and any disputes made with credit card companies Amazon would lose.

A customer really thought they were getting it free? I'd take this case on Amazon's behalf. Amazon won't fight too hard on this, because it's not a lot of money, but legally I think they'd win.

 

[BobJustBob]

Exactly. Send the disc back you hypocrites.

Except you can't send it back if it's opened. That's uberlame.

 

[demon]

Which I believe they are doing. If you were charged and didn't receive a product due to a "glitch"... people would be screaming for heads to roll. The other way around and everyone laughs and feels they shouldn't have to pay.

The glitch was amazon's fault. In what situation would the customer be overcharged due to customer error?

 

[emomoonbase]

**** amazon, I use borders. One time I ordered the Calvin & Hobbes box set and stupid fedex lost it so border's sent me another one like real fast. Turns out some ppl across town had gotten my original one and like 2 weeks later came by the house and dropped it off. I called borders and told them I had both and if I should send it back. They said just keep it so I got like a $100 box set for free. Plus I have so many damn 30% off coupons for them it's like a discount any time I ever go there.

 

[Fixed2BeBroken]

Which I believe they are doing. If you were charged and didn't receive a product due to a "glitch"... people would be screaming for heads to roll. The other way around and everyone laughs and feels they shouldn't have to pay.

so true.

 

[jxanthony]

Yeah. Basically all you have to do is turn around and tell Amazon that you're going to authorize your credit card to cancel the payment, and what are they going to do about it?

They can't charge you something you did not actually agree to just because they meant to have you agree to it the first time around and screwed up. The wording of this email is such that it creates a situation whereby they can claim you did agree (by not returning the DVD), but that's a one-sided contract of sorts that would never hold up.

Legally, the op has all the power on his side. He did authorize a 3.97 shipping charge and in that, he entered into a binding contract with amazon to purchase all the items for that amount. In addition, that is also theft. You knowingly took the extra DVD purchase without paying for it.

You don't need to send it back, despite it being ethically wrong. I'd send it back or let them charge you but that is me

 

[Great Rumbler]

I'm going to go out on a limb here and make an assumption, but did this "glitch" have anything to do with buying two items of the exact same value, thus rendering both items as the "least expensive"?

 

[madara]

Wow, thats sad. I cant imagine if one those where you can repeatedly over and over as well. I imagine some idiot could do that 50 times. Get enough folks and bankrupt amazon, cripes.

 

[goodcow]

**** amazon, I use borders. One time I ordered the Calvin & Hobbes box set and stupid fedex lost it so border's sent me another one like real fast. Turns out some ppl across town had gotten my original one and like 2 weeks later came by the house and dropped it off. I called borders and told them I had both and if I should send it back. They said just keep it so I got like a $100 box set for free. Plus I have so many damn 30% off coupons for them it's like a discount any time I ever go there.

How is this even comparable to the original situation?

If FedEx lost an Amazon package, Amazon would send out another one with expedited shipping.

 

[commish]

Legally, the op has all the power on his side. He did authorize a 3.97 shipping charge and in that, he entered into a binding contract with amazon to purchase all the items for that amount. In addition, that is also theft. You knowingly took the extra DVD purchase without paying for it.

You don't need to send it back, despite it being ethically wrong. I'd send it back or let them charge you but that is me

Yeah and certain "binding contracts" don't have to be honored if there's a mistake, like here. I don't know about the theft part though; that's a little rough

 

[zigg]

**** amazon, I use borders

Welcome to Borders teamed with Amazon.com.

Did you mean B&N, or what? I actually use the Borders.com site a lot because I can use the gift cards I get from Discover there.

 

[Suikoguy]

Well, this is a mess.

I think if a person ordered it, and received it, it's amazon's fault.. suck it up.

However,

If a person knew about the error, and took advantage of it multiple times, I think amazon has some ground to stand on.

 

[Phoenix]

Amazon doesn't have a legal leg to stand on particularly because they are saying that you can't return opened items - people who have started using the item would simply have to pay. Its Amazon's mistake, they shipped the items and they are in use - the contract they made with you behan when they checked you out and shipped out the items, they cannot back out of that. Check you card statement and bring it up with your credit card company. If you purchased with the expectation of that price and they honored it, they cannot 'unhonor' it later.

 

[Tortfeasor]

Amazon shouldn't charge, it was their mistake.

About 2-3 years ago I ordered a game on Amazon and they shipped me EIGHT copies but only charged for the one. :lol Needless to say I returned the other 7 copies at various EB's and GameStop's getting myself 7 free games.

So by this logic, if your bank deposited an extra $100,000 in your account you would just spend it?

You have a responsibility to repay the money, and to have returned the games. They can file a criminal complaint against you, or based on their terms of service (which may or may not be legal btw) charge you back for the item.

 

[Phoenix]

A customer really thought they were getting it free? I'd take this case on Amazon's behalf. Amazon won't fight too hard on this, because it's not a lot of money, but legally I think they'd win.

Nah, they'd lose. In the mail order business there is already case law pertaining to this. If you receive something in the mail - its yours. If you make a purchase and someone sends you extra stuff, its actually yours. This goes back to the reason why businesses don't send credit cards, gifts, and the like in the mail. It was all tied to various mail fraud cases where companies would send things in the mail and say "if you keep it, we'll charge you". You cannot enter into a contract that way (not a binding one anyways). So at the end of the day a fairly broad ruling stated essentially that things that arrive in your mailbox addressed to you now belong to you.

 

[ChrisReid]

If a person knew about the error...

So do you think anybody actually thought Amazon was running a "Buy 0, Get 2 Free" sale?

 

[Cosmic Bus]

I'm going to go out on a limb here and make an assumption, but did this "glitch" have anything to do with buying two items of the exact same value, thus rendering both items as the "least expensive"?

No, any pairing of items in the sale produced the same effect.

If a person knew about the error, and took advantage of it multiple times, I think amazon has some ground to stand on.

I know of a few individuals who did just that, or ordered hundreds of dollars worth in one batch just because. I'd imagine Amazon might go further to recover these particular shipments. Despite being free, it took me a while to find anything in the selections that I actually wanted and didn't already own.

 

[Cheebs]

You have a responsibility to repay the money, and to have returned the games. They can file a criminal complaint against you, or based on their terms of service (which may or may not be legal btw) charge you back for the item.

Their fault for shipping me 8 copies, not mine. They gave me 7 extra copies I never tried to scam them to get them nor did I ever expect them. They never asked for them back so I sold them.

 

[Phoenix]

So do you think anybody actually thought Amazon was running a "Buy 0, Get 2 Free" sale?

At christmas time? I'd argue that its certasinly possible

 

[demon]

So by this logic, if your bank deposited an extra $100,000 in your account you would just spend it?

You have a responsibility to repay the money, and to have returned the games. They can file a criminal complaint against you, or based on their terms of service (which may or may not be legal btw) charge you back for the item.

If this is true:

In the mail order business there is already case law pertaining to this. If you receive something in the mail - its yours. If you make a purchase and someone sends you extra stuff, its actually yours. This goes back to the reason why businesses don't send credit cards, gifts, and the like in the mail. It was all tied to various mail fraud cases where companies would send things in the mail and say "if you keep it, we'll charge you". You cannot enter into a contract that way (not a binding one anyways). So at the end of the day a fairly broad ruling stated essentially that things that arrive in your mailbox addressed to you now belong to you.

Then it looks like you're wrong.

 

[Core407]

I'm sure they have something about this in the terms of service, which you obviously agreed to.

 

[Phoenix]

If this is true:

Then it looks like you're wrong.

Nah, different business and different regulations. We shouldn't connect the two. That law applies ONLY to mail order and things that arrive in your mailbox.

 

[Phoenix]

I'm sure they have something about this in the terms of service, which you obviously agreed to.

Well that brings us to the whole 'click through' contract agreement which mas met with 'not absolute' success in the courts. It really depends on the situation even if that contact was upheld. For example, if Amazon sold a computer for $199.00 and they intended to sell it for $1990.00 and they send you a note saying "hey if you opened it, we're billing you for $1800" - even if the TOS says they can - the court absolutely will not uphold that.

 

[maynerd]

F-Amazon! They screwed me! take em to the cleaners kids!

 

[Core407]

Well that brings us to the whole 'click through' contract agreement which mas met with 'not absolute' success in the courts. It really depends on the situation even if that contact was upheld. For example, if Amazon sold a computer for $199.00 and they intended to sell it for $1990.00 and they send you a note saying "hey if you opened it, we're billing you for $1800" - even if the TOS says they can - the court absolutely will not uphold that.

I think the whole click through thing only applied to outlandish requests in the TOS. Amazon shouldn't make you pay for it if they made the mistake, but the world isn't perfect so I wouldn't be surprised if he weaseled the money out of this guy.

 

[Cosmic Bus]

As an amusing update, Amazon has reportedly begun issuing $10 "vouchers" to some customers refuting the full-price charges and even crediting accounts the value of their order if payment or return of product is refused. :lol

This is becoming the strangest, most mixed up thing in a while.

 

[Ghengis Cohen]

**** amazon. They sent a book I ordered 8 months after I ordered it. 8 ****ing months.

 

[Phoenix]

As an amusing update, Amazon has reportedly begun issuing $10 "vouchers" to some customers refuting the full-price charges and even crediting accounts the value of their order if payment or return of product is refused. :lol

This is becoming the strangest, most mixed up thing in a while.

This is one of those situations where they need to go after the developers, get the system fixed, and unless its some REALLY extreme amount of money - just let if go. Amazon knows they can't legally backcharge people so all of the heavy handedness is only going to work against them.

 

[goodcow]

This is one of those situations where they need to go after the developers, get the system fixed, and unless its some REALLY extreme amount of money - just let if go. Amazon knows they can't legally backcharge people so all of the heavy handedness is only going to work against them.

Amazon on the whole is glitchy, and there are tons of things they need to fix, engineering wise.

 

[Frog]

things that arrive in your mailbox addressed to you now belong to you.

sucks for Netflix

 

[Phoenix]

sucks for Netflix

It does in fact belong to you... for the low low price of $12.95 for the rest of your life

 

[GSG Flash]

I think the customers have the upperhand in this, especially due to the fact that Amazon stated they will only accept items that are unopened.