amazon.com, Amazon Failure to Honor Guarantee  Internet

On August 23, 2013, I ordered merchandise from the amazon.com website.  The merchandise was being sold by a third party seller by the name of Lil' Buy.  The order page clearly stated the merchandise would be shipped the same day.  My credit card information was taken and confirmation was issued.  As the seller is in California and I am in Florida, the order should have been delivered in five days (four days UPS or FedEx ground shipment plus the 25th (Sunday), which was not a shipping day), which was August 28th.

On August 29th, I contacted the seller.  The order had never been shipped and was already overdue.  The seller responded there was a "technical difficulty" with the order, due to Amazon, and the issue would not be resolved until at least Tuesday, September 3rd, due to the September 2nd Labor Day holiday.  On August 31st, when the order was not delivered, it was three days past due and therefore eligible to be covered by Amazon's A-to-z Guarantee which promises prompt delivery.  At this time, the order was still open, active, and valid.

On September 1st, I went to the amazon.com website and was surprised to find my order had been cancelled with no notice.  Cancelling an order without notifying the buyer is a violation of Amazon's "terms of service."  On the morning of Labor Day, September 2nd, I received an email stating my order had been cancelled, still claiming a "technical problem" as the reason for the cancellation.  I responded by asking for my order to be reinstated so I could file a claim against their guarantee.  They replied that it would not be possible and that my order was not covered under their guarantee.   Their claim my order was not covered under their guarantee is blatantly FALSE.  My order and the actions I took after making that order are all in compliance with the terms of the A-to-z Guarantee as listed on the Amazon website.

A-to-z Guarantee Conditions  (at least one must apply)

1) The third-party seller failed to deliver the item by 3 calendar days past the maximum estimated delivery date or 30 days from the order date, whichever is sooner.  (THIS APPLIES)

2) The item you received was damaged, defective, or materially different from the item represented on the product detail page.  (does not apply)

3) The third-party seller received your return, but they have not refunded you.  Note: If you refuse the package and the return does not have tracking information, your claim may not be covered.  (does not apply)

4) You were not satisfied with the quality of the eligible service performed by the third-party seller.  (does not apply)

5) You returned an item you ordered by mistake.  (does not apply)

A-to-z Guarantee Restrictions  (none may apply if the guarantee is to cover this order)

The following items and situations are not covered by the Amazon A-to-z Guarantee:

1) Payments for services (excluding specific eligible services) (does not apply)

2) Digital merchandise (does not apply)

3) Cash or stored value instruments (except physical gift cards sold in the Gift Card category)  (does not apply)

4) Prohibited items (including items violating the Amazon Payments Acceptable Use policy)  (does not apply)

5) Credit card payments where the issuing bank has initiated a chargeback  (does not apply)

6) Damage or loss that occurs to goods after they are delivered to a freight forwarder  (does not apply)

When I went to the Better Business Bureau, I filed a complaint and asked for mediation.  I was surprised to find Amazon began lying about the conditions of their guarantee.  I refuted each of their points, but they still claimed my order was not covered and I was not eligible for ANY compensation for the lack of delivery of my order.  Then, Amazon totally changed the reason the order was cancelled, from an undefined "technical problem" to a pricing error.  This was not done until after my complaint had been filed, long after the order was actually cancelled.  This was a blatant attempt to cover their own negligence.  If there was an error on their website, it should have been caught and the order cancelled before NINE DAYS had gone by.  It should have been cancelled before the delivery was past due.  It should have been cancelled before their guarantee already applied to the order.

Amazon has been in business for years.  There should long ago have been checks in place to allow third party sellers to verify the information on their ads so no "pricing errors" happen and make it through to the live website.  In failing to have such features in place, Amazon is negligent and is to blame for any such errors.  It's their website so ultimately their responsibility.

All I asked was that my order be completed and the merchandise shipped for the amount agreed upon when the order was placed.  I stand to lose thousands of dollars by not receiving the merchandise, which I planned to re-sell for profit.  If there is anyone who can assist with this case, through filing of a lawsuit or through other legal means, please feel free to contact me.  Thank you.