Forced Order Cancellation

LLucky Ivan on 19/07/2012 - 13:19
Last edited 19/07/2012 - 13:24

Hi, I've only recently discovered OzBargain. It's a great website and I've already used some of the bargains posted.

Something happened on tuesday after an online purchase. It's motivated me to create an account and i really want to know where i stand on this issue.

So the story is that I wanted a mop from Howard Storage (http://hsw.com.au/?product&id_prod=2819&id_cat=69&id_dept=35…), but it was sold out. I went online and found www.whitemagic.biz, which sold the exact product. I noticed it was sold out as well, but the price for the mop was advertised for $0. I ordered it and the total price + delivery is $19,95. I was happy to wait for product till it was back in stock. I received confirmation that payment was cleared and i also received an order summary. However, at the end of the day, I received an email stating that they're going to refund my money, because it's sold out and they weren't going to supply a mop for $0. The website also changed and it's now sold for $79,95. You can only see the previous price through google cache (webcache.googleusercontent.com/search?q=cache:Qns-3EPn0ToJ:www.whitemagic.biz/shop/spin-mop/white-magic-microfibre-spin-mop).

Now, my question is whether they can do that? I assume it's a pricing error, but in the end i have paid for it. I didn't do anything improper. What's my right?

Thanks, Ivan.

General Discussion

Comments

  • retiredfeline on 19/07/2012 - 13:25
    +2

    I think you'll find that somewhere in the T&Cs is a clause allowing them to reject an order if there is a pricing error. Sometimes the merchant will be generous and honour the price. A offer to sell (online or not) is an "invitation to treat" in legal terms, and not a binding contract at that point, if I remember the couple of consumer law lessons I once took.

    • SirFlibbled on 19/07/2012 - 14:54
      +1

      Correct. In a nutshell the site is an offer to treat and by buying it you are making the offer. Usually the acceptance of money is acceptance of the offer but most stores have it in their T&Cs that an offer is not accepted until the item is dispatched so that these situations wont get them into trouble.

      Fact is, they wont sell you something for $0. That's life.

      • StewBalls on 19/07/2012 - 16:06
        +1

        Fact is, they wont sell you something for $0. That's life.

        There really ought to be a law against that! ;)

        • illusionarybreeze on 19/07/2012 - 17:24

          I don't think you can "sell" something for $0 unless you change the definition of the word "sell".

    • retiredfeline on 19/07/2012 - 20:52
      +2

      Incidentally, when I first heard the phrase "invitation to treat", I had a comical vision in my head of offering the seller some ice cream or a beer. :) But that "treat" is related to the word "treaty". In one dictionary it's defined as: to carry on negotiations with a view to a settlement; discuss terms of settlement; negotiate.

      • StewBalls on 19/07/2012 - 21:46
        +2

        Mmm, I like treats! :)

  • m0nkeycheese on 19/07/2012 - 15:19
    +3

    This is another case of put yourself in the sellers shoes. Would you like it if it happened to you? Just some food for thought.

  • stralya on 19/07/2012 - 15:55
    +2

    The store has the right not to honour a price on the website. The same is the case in a store as well.

  • cdeep0 on 19/07/2012 - 16:49

    …what would you do if it was your site and an error was made….and 000's of customers won at "zero" price.

    Would you rather stay in business or make losses..

    Step in their shoes…and you will have an answer…

    My 2 cents….worth

  • Geewhizz on 19/07/2012 - 17:07

    They're completely within their rights as far as consumer protection laws are concerned. If a genuine mistake has been made they're permitted to correct it (or to not sell you the item)

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