When you buy some thing but the seller got it wrong??

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CADMAX

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Topic # 111490 5-Nov-2012 14:21

I got a email this morning from a on line store in Christchurch with there daily deals.. all good.

They had listed a " HP touchsmart 610 Core I7" (and so the speck goes on) for $17.95 + shipping.

The unit had a 90 warranty (all good)
It was listed as "These machines are BTO returns which means "Built to Order" but customer not happy with the build for some reason or another. They are factory sealed from HP with refurbished clearly marked on the box. They are covered by 90 day HP warranty and can be returned to any local Visual Group or other HP authorized repair agent during this period. "

I was thinking OK.. price is mad but they have done this before..
Click the link... same price on the web site. so tried ordering 2, price went up to $1,000+ per unit.. Ok, i think i will order one then (limited time and number) .

All goes well $23.90 removed from my account.

So i click the link and buy it. my card is charged (money has gone out of the bank).
Email saying it had been shipped..

About a hour later i get a email to say oh sorry it a error, we have refunded you.

Where does one stand?

Why i ask this is that:
1( I do look after some on line shops
2( I would like to push the point.

So what do you think?

In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.

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Reply # 712285 5-Nov-2012 14:25

Under New Zealand law a retailer is allowed to require you to accept a refund or the correct purchase price if an obviously erroneous price was charged. There was an article in the Herald on the weekend about people who got Russell Brand tickets from TicketMaster for 1/10th the correct price - possibly a similar fat-fingers error to what it looks like you describe above.

So, you could try pushing it, but you don't have a leg to stand on legally, and as far as goodwill is concerned I imagine they're probably OK with losing a customer who insists on getting a computer for $23.

Edit: Herald link.

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These comments are my own and do not represent the opinions of 2degrees.

NonprayingMantis

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Reply # 712289 5-Nov-2012 14:26

AFAIK (and IANAL) once the contract is entered into (i.e. you have paid the money) they MUST honour it.

The 'genuine error' clause in the CGA only applies to enticements to purchase e.g. you see a TV advertised for $100 but when you go to the counter they say "oh sorry, price is actually $1000". At that point they don't have to honour it (since the advertisement is not an offer), but once the transaction is processed they do.

scuwp

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Reply # 712293 5-Nov-2012 14:30

The Fair Trading Act recognises an "reasonable mistake" in pricing (good luck proving that one). They have refunded you therefore you are not disadvantaged. You haven't got a leg to stand on IMO.

http://www.consumer.org.nz/reports/fair-trading-act/common-problems

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freitasm

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Reply # 712299 5-Nov-2012 14:31

Yes, IANAL either but one would have thought that once money changed hands and an invoice was issued, that's the contract being formal, only thing left is delivery.

Might be interesting to find a lawyer and discuss.

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lxsw20

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Reply # 712300 5-Nov-2012 14:32

From the CAB website:

If a retailer tells me a price for goods but it turns out it?s an incorrect price, do I have to pay the higher correct price?

Yes, you have to pay the correct higher price. A consumer can?t insist on buying the goods at the advertised or displayed price. The law allows a retailer to make a genuine mistake but if you feel like you have been deliberately misled or the trader continues to advertise the goods at an incorrect price then you might be able to claim compensation under the Fair Trading Act. If you think a retailer is consistently advertising in a misleading way you should contact the Commerce Commission.

sbiddle

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Reply # 712303 5-Nov-2012 14:38

I highly doubt you're going to get the goods at that price.

There is also an interesting case in Stuff today with a guy taking Apple to the disputes tribunal over a similar issue. This is significant in that many others have tried to take Apple to the disoputes tribunal, but have never quite managed this due to them having no physical contact details in NZ. The only problem the guy is likely to lose the case.

CADMAX

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Reply # 712321 5-Nov-2012 14:50

freitasm: Yes, IANAL either but one would have thought that once money changed hands and an invoice was issued, that's the contract being formal, only thing left is delivery.

Might be interesting to find a lawyer and discuss.

See that's what I was thinking, I have stuffed pricing up before and just lumped it and got on with it.

sbiddle:
I highly doubt you're going to get the goods at that price.

There is also an interesting case in Stuff today with a guy taking Apple to the disputes tribunal over a similar issue. This is significant in that many others have tried to take Apple to the disoputes tribunal, but have never quite managed this due to them having no physical contact details in NZ. The only problem the guy is likely to lose the case.

See that's what i read.... and it got me thinking.

The fact that I was getting a PC for nothing is not the point I'm pushing.

I want to see where this goes.

In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.

gzt

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Reply # 712330 5-Nov-2012 15:08

Imho people just make themselves look silly when they insist on taking advantage of web pricing mistakes/errors.

Even so it is a good question when purchase has occurred and it will have to be resolved one way or the other at some point. IIRC delivery is part of the contract and because delivery has not occurred in this case and the party has been notified of the error and the error was obvious that is where it will end.

keewee01

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Reply # 712347 5-Nov-2012 15:20

Given that most websites have automated checkout processes, then it is reasonable to assume that if there has been a pricing mistake (human error), then that would allow any completed automated checkout process to be voided and any monies paid to be credited back to the purchaser. That would not be unreasonable.

NonprayingMantis

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Reply # 712349 5-Nov-2012 15:23

lxsw20: From the CAB website:

If a retailer tells me a price for goods but it turns out it?s an incorrect price, do I have to pay the higher correct price?

Yes, you have to pay the correct higher price. A consumer can?t insist on buying the goods at the advertised or displayed price. The law allows a retailer to make a genuine mistake but if you feel like you have been deliberately misled or the trader continues to advertise the goods at an incorrect price then you might be able to claim compensation under the Fair Trading Act. If you think a retailer is consistently advertising in a misleading way you should contact the Commerce Commission.

I'm fairly sure that only applies to prior to the purchase being made.

I feel sorry for the guy in the Apple story since he even phoned the helpline ot confirm the pricing

keewee01

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Reply # 712352 5-Nov-2012 15:27

As for the Te Awamutu guy in the stuff article - if he stumbled across it on Apple's Australian store then he is going to have hard time getting it honoured in a NZ court (Disputes Tribunal). If it was via their NZ store then I would think he has a chance given he was originally told they would honour the pricing. But then again, IANAL.

Behodar

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Reply # 712355 5-Nov-2012 15:30

NonprayingMantis: I feel sorry for the guy in the Apple story since he even phoned the helpline ot confirm the pricing

That's what interests me about the Apple story. Apple confirmed that the prices were correct so I'm not sure whether saying "it was a mistake" will cut it. I'll be following this one wth interest.

Dratsab

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Reply # 712374 5-Nov-2012 15:51

Salty was first to the punch and scuwp hammered things home. Butch and Luke couldn't have done it better.

1) If by "look after online shops" you mean you retail online, you should make yourself more aware of your own rights as a retailer
2) Nothing wrong with trying to push the point but don't be surprised if you get nowhere

gzt

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Reply # 712381 5-Nov-2012 15:59

CADMAX: The fact that I was getting a PC for nothing is not the point I'm pushing.

I want to see where this goes.

Using that criteria you can achieve the same thing by getting competent legal advice for your own business.

My guess is approx $300 for 15 minutes of the very best available if you can get it.

At the moment you are just causing someone else a pita - and if they cave you are no wiser on your own legal position.

mattwnz

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Reply # 712385 5-Nov-2012 16:10

Behodar:
NonprayingMantis: I feel sorry for the guy in the Apple story since he even phoned the helpline ot confirm the pricing

That's what interests me about the Apple story. Apple confirmed that the prices were correct so I'm not sure whether saying "it was a mistake" will cut it. I'll be following this one wth interest.

Yeap, that is where the big difference was, the guy contcated apple to make sure it wasn't a pricing mistake. However I believe the story said he did this via online chat, so he possibly has a record of the transcript. I didn't reliasie they had online chat for sales. But still there staff are allowed to make mistakes aren't they? Should be interesting to find out how that one goes.

But to the topic, online retailers don't have to honour pricing errors if it is a genuine mistake and the error is obvious. There has been quite of lot of this happening lately.

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