Should Amazon Prime give partial refunds to customers?

Miscellaneous and Personal Stuff I Must Share
1

I signed up for Amazon Prime with the promise that I get next day delivery on Prime items for a nominal fee and free second day delivery on these items.

Now we are in a pandemic and Amazon has delayed these shipments, up to a week or more to prioritize shipments of household necessity items.

Of course, I understand that need and I agree with it. But still, they are not fulfilling the promise made to me in exchange for what I paid. It is certainly not Amazon’s fault, but it isn’t my fault either.

Shouldn’t Amazon refund some of their customers’ Prime payment money?

2

I’ve been saying, since the beginning, all prime members should be refunded for (at least) two months. Even if it’s in the form of a credit on your account. It would look good for them, so there’s that. But, more importantly, two day shipping mostly doesn’t exist at this point (though they’re getting better) so what am I paying for? They say it’s so they can ship out essentials faster, but a lot of essentials are out of stock anyway, so no help there.
As far as it not being Amazon’s fault. I’d say that it is. They’re not required to prioritize shipments of essentials goods, they’re choosing to, and in doing so, they’re no longer holding up their end of the prime membership.

Without coming off as crass, we’re paying for Prime and not getting anything in return. I think they could generate a lot of good will if they gave every person with prime a credit of (at least) $20+tax.

3

Have you read the entire contract? Are you sure they aren’t fulfilling your mutual agreement?

4

I have not. Nobody reads the entirety of an adhesion contract.

However, I cannot imagine a clause that would get them out of this. A “you pay no matter what” clause? Would probably be unconscionable.

5

Their contract (you know, those terms and conditions that nobody ever actually reads before clicking “Agree”) probably contains some wording or other that covers them. It’d certainly generate public goodwill if they did it, though. Would it generate an amount of goodwill worth more than the money it would cost them? That, I don’t know.

Looking at it on the other side, if you have Prime, you’re probably making a lot more use of their streaming service now than you expected when you got it. And probably, for that matter, getting more things delivered, too.

6

UltraVires, a “you pay no matter what” clause would almost certainly not be actionable, since it lacks consideration. But there could be something that requires them only to make a “good faith effort”, and there might be something that says “except in case of disaster”, and so on.

7

UltraVires, a “you pay no matter what” clause would almost certainly not be actionable, since it lacks consideration. But there could be something that requires them only to make a “good faith effort”, and there might be something that says “except in case of disaster”, and so on.

8

It’s been a while since I took contracts class in law school and I don’t usually deal with contracts, but IIRC, don’t those types of “force majeure” clauses simply mean the cancellation of the contract (i.e. full refund, no performance) than simply a reduced performance?

Also adhesion contracts are construed narrowly against the drafter, IIRC. Amazon could fulfill their contract and make “good faith” efforts, even in the face of this “disaster” by simply hiring more people. And with now approximately 15% unemployment, would a judge take their argument seriously that they are unable to fulfill their duties under the contract?

9

Sorry (yet again) for the double post. But unlimited streaming and unlimited Prime delivery was part of the bargain. So, I’m not getting anything extra even if I am using it more than I otherwise would have.

It’s almost like Homer Simpson at the All You Can Eat fish fry. If you offer it, you have to deliver even if a world class eater comes in.

10

Hey! Fat boy! You so beeg. Why you no eat some wegetable?!

11

Amazon video is such a distant third after Netflix and Hulu, I’d be willing to bet the majority of Prime members wouldn’t even notice if it was shut down.
And the I’d be willing to bet an overwhelming majority of people joined prime for the shipping benefits. Not for streaming, not for music, not for the free e-book each month, not for photo storage…for shipping, the one thing they’re not do a good job of providing at the moment.

12

Amazon Prime gave me a free extra ebook so we’re cool. Also I am the one who’s streaming more Amazon Prime than ever because no tennis.

I would like money back from my gym though. They’re sending me videos of yoga I can do at home. Fat chance. The reason I joined that gym was for the pool.

13

I do use Prime Video a lot. I have never claimed a free e-book. But I don’t think that matters. We were promised the whole of the benefits when we paid our money.

If they cut out the free e-book tomorrow, I should get a refund regardless of whether I have ever claimed one or not because that was part of the package. They would have denied me the contractual right to claim one in the future.

But I agree with you that to me, the fast shipping is the most important. and Amazon has failed to fulfill its contractual promise to me to give me that fast shipping on Prime items. We should get partial refunds.

14

I like Prime for the free shipping, but most of the time I don’t particularly need fast delivery.

I do definitely take advantage of the streaming video and music benefits and would miss them if they went away. I do not subscribe to Netflix or Hulu.
I don’t think Prime has ever promised second-day delivery on items that were not in stock. And I think (though I may be wrong about this) that most of the delivery delays are because of how they are prioritizing the restocking of their warehouses.

15

I have Netflix, Hulu, Amazon, and CBS, and my use of them varies by what happens to be available on them. I check justwatch.com to see where I can find what I want to see, and then I choose which service to put on. If it’s an Amazon show I want to watch, like “The Expanse,” you bet I’ll miss it if it’s not there.

Generally, Amazon has been doing a very good job for me. I have been using it a lot, and it almost always delivers ahead of its promise. If something is going to take a long time, Amazon says so from the beginning.

16

You should consult a lawyer before you sign up for things like this. You apparently did not read the terms and conditions for Prime shipping and the general guaranteed shipping terms and conditions for all Amazon shipping.

And the Amazon Conditions of Usecontain the following under Disclaimer of Warranties and limitations of Liability:

THE AMAZON SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMAZON SERVICES IS AT YOUR SOLE RISK.

To provide some quotes (though the entire set of terms and conditions really ought to be read by someone competent in contracts):

Amazon Prime shipping:

Prime shipping benefits depend upon inventory availability, order deadlines, and in some cases the shipping address.

Amazon Guaranteed Shipping exceptions to refunds:

The guarantee does not apply if we miss our promised delivery date because of an unforeseen circumstance outside of our control, such as a strike, natural disaster, or severe winter storm. Also, delivery scans might be inaccurate.

So in summary:

Unless it is promised at the time of purchase, there is no guaranteed two day delivery.

Even if it is promised at purchase, there is no warranty of the Amazon delivery service.

You can get a refund on shipping charges (as a Prime member your refund would be the full $0.00 you paid for two-day shipping) but you would have to show that the current crisis is not an unforeseen circumstance outside of Amazon’s control.

I think they might have employed some good lawyers to write their terms and conditions for Prime and for general use of Amazon. Just maybe?

17

Plus, we still get Video, Music, Audiobooks, and some other crap that we seldom use.

18

Don’t forget discounts at Whole Foods, if you’re into that sort of thing.

19

A pandemic would be considered an act of God so Amazon cannot be held liable. They’re probably making a killing on this so they may be in a generous mood.

20

Somewhat related, I’m surprised they offer Prime members so little in exchange for choosing no-rush shipping. It’s something like a $1.50 credit on certain digital content, and you apparently can’t save up those credits and use several at once, so it’s really more of a coupon. If they’re having trouble shipping things on time, you’d think they’d sweeten the pot for people willing to wait.