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274 posts

Ultimate Geek


#111490 5-Nov-2012 14:21
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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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1565 posts

Uber Geek

  #712389 5-Nov-2012 16:13
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gzt: 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.

Not sure entirely when the 'genuine error' back-out point expires, but legally a contract is composed of an offer, and acceptance and consideration. They advertised the PC, which is not an offer, just an invitation to make an offer. He made the offer by placing his order, they accepted the offer by accepting his order, he supplied his part of the consideration by giving them money, their part of the consideration is a promise to deliver the goods within a given timeframe.

Legally there's no requirement for the contract to be fair or reasonable - the amount he pays does not invalidate the contract. The Sale of Goods Act allows for a genuine error in an advertisement, but I'm not sure if it gets as far as a contract being completed that genuine error is atill applicable.

Guess who is halfway through a small business course, and doing his assessment for the legal module?

16826 posts

Uber Geek

  #712523 5-Nov-2012 19:28
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clinty: What do the T&C's of the site say? CGA aside, these will form the basis of the legal contract


Edit: Fixed grammar

Well this would be a good lesson for the web site owner.

There are no T&C's any where... more to the point even on the old invoices i have no T&C's.

I know my T&C's cover all this..

I should make one point! I don't want any thing out of the site or the site owner. I'm happy, stuff like this happens.

How ever at what point does it become binding as a contract?

I would say when your payment goes through. But most online stores have real time credit card processing, so that is a big negative for real time processing, if that constitutes a binding contract. But stores should also cover themselves in their T&Cs'

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