Order Cancelled - Listing Error

offal spokesman on 31/12/2022 - 16:41
Last edited 31/12/2022 - 23:49 by 1 other user

So… I received this message from a well known store today…

Hi,

This email is to inform you that your order for "XXXXXXXX XXX" will, unfortunately, be cancelled and refunded as the item listed was a listing error. There was a technical issue with the system which resulted in the inaccurate price being advertised in the listing. I'm deeply sorry for the unfortunate experience.

Once again I apologize for the unfortunate experience and inconvenience caused. Your understanding will be greatly appreciated.

Kindest regards, XXXXXXXXXX

I placed the order three days ago, the item had been listed at this price for a couple of days before i pressed order, I contacted the reseller to confirm i should go ahead with the order and received confirmation I should.

I ordered and received an email saying my order was received and confirmed. The amount was deducted from my bank account.

So, my question is… does the seller have responsibility to supply the product at the agreed price?.. do I have any legal options?

Thanks in advance

General Discussion

Comments

  • avoidfullprice on 31/12/2022 - 16:42
    +7

    No, even if agreed price is $0

    https://www.ozbargain.com.au/node/713520

    You can sue anyone. No guarantee of success

    • altomic on 31/12/2022 - 19:42

      but the vibe of thing!

    • HeWhoKnows on 01/01/2023 - 11:23
      -7

      Actually, Not entirely correct

      If you walk into a store and take the item to the checkout, they must honour the price displayed or advertised.
      If there are 2 prices they must honour the lowest price

      Unless…..There is a notice or appolgy displayed in the store saying there was a pricing error.

      Of course they can always remove the stock so you cant buy the item.

      So basically with OP, being an online purchase, they have a lot more control….
      They can cancel the order for any reason, be it a pricing error or simply out of stock.

      And they must promptly provide a refund

      • altomic on 02/01/2023 - 17:16
        +2

        so wrong.

        If you walk into a store and take the item to the checkout, they treat your taking the item to the counter as an offer on your part to purchase. the store (at the checkout) can either accept (contract of agreement by buyer and seller) or reject your offer to buy (no contract).

        displayed or advertised price is just an invitation by the store. it is not a contract.

        If there are 2 prices they must honour the lowest price

        LOL , no.

  • Yummy on 31/12/2022 - 16:48
    +6

    I placed the order three days ago, the item had been listed at this price for a couple of days before i pressed order

    That's your mistake.
    Where's your OzB motto? Buy now regrets later.

    • offal spokesman on 31/12/2022 - 16:56

      im ashamed :)

    • AustriaBargain on 31/12/2022 - 17:57
      +2

      If loads of people order it then there's less chance OPs order will slip through the cracks.

  • Muzeeb on 31/12/2022 - 16:52
    +4

    You deserve compensation for sure.

    • offal spokesman on 31/12/2022 - 16:55
      -1

      This is the comment im here for :)

      • Hybroid on 31/12/2022 - 17:33
        +6

        3 weeks salary for emotional trauma should suffice.

        • iNeed2Pee on 31/12/2022 - 17:39
          +2

          @ $0 per hour.

      • HeWhoKnows on 01/01/2023 - 11:27

        What compensation do you expect?

        Lets turn things around…

        If you offered to sell something to a person and then changed your mind, and gave them thier money back, does that person deserve compensation?

  • ValueInvesting on 31/12/2022 - 16:57
    +1

    I ordered and received an email saying my order was received and confirmed. The amount was deducted from my bank account.

    So, my question is… does the seller have responsibility to supply the product at the agreed price?

    To answer that question we'd need to know the terms and conditions you and the seller agreed to when placing the order. Also knowing the price difference would be helpful

    • offal spokesman on 31/12/2022 - 17:08
      -2

      I cant find specific Ts&Cs… but its a leading internet retailer.

      The discounted price was about 60%….. edit, actually 70% off

      • ValueInvesting on 31/12/2022 - 17:11
        +3

        If it's a leading retailer there should be t&cs on their website which cover that terms of sale…

    • HeWhoKnows on 01/01/2023 - 11:28
      +1

      Its totally irrelevent.

      The supplier can cancel the order and refund the money any time.

      They dont have to provide reasons at all
      And it doesnt have to be in thier Tcs & Cs.
      But typically a pricing error, out of stock or item was damaged preventing it from being sold.

      • solidussnake on 01/01/2023 - 15:11
        +1

        Bingo, too many armchair ACL experts providing all the wrong advice lol

  • DASHCAM NOW DUDE on 31/12/2022 - 17:08

    Leave a review and move on.

  • sween64 on 31/12/2022 - 17:25

    They don’t have to honour it until a contract of sale has been agreed upon.

    I guess with a bit of legalese thrown in there, a contract between two parties has to form during a sale – an offer and acceptance of that offer. If that offer has not been accepted by the retailer then they are still within their rights to explain to you that the pricing is in error and deny you that price.

    Link

    • jjjaar on 31/12/2022 - 17:32

      I agree with this, and I know that all the t+cs will explicitly state this. But to the consumer, the listing of the item feels like the offer, and the consumer buying feels like the acceptance. This is a good reminder that of course the retailer has the upper hand.

    • offal spokesman on 31/12/2022 - 17:45

      See, to me, the below (taken from their email to me) is acceptance of offer and thereby an agreed contract?

      Hi XXX,

      We have confirmed your order XYXYXYXB. Thank you for shopping at xxxx.com!

      edit, well that AND taking my money.

      • djsweet on 31/12/2022 - 18:43
        +1

        If you’ve received an order confirmation it is probably harder for them to play the “price error” card from a legal perspective. As you say that likely would constitute acceptance, and therefore your order becomes contractural. You could sue them for breach of contract… ofc they have probably have some get-out-of-jail free clauses in their terms of sale. But these would have to be seen as reasonable to a judge I would assume. Anyway, I doubt you are going to sue them unless it was a pretty massive purchase.

      • AndyC1 on 01/01/2023 - 12:20

        Sounds like you need to call your lawyer to sort it out.

    • HeWhoKnows on 01/01/2023 - 11:33
      +1

      It comes when the seller accepts payment AND provides the goods to the buyer AND the buyer accepts the goods.

      In this case the contract was not completed as the goods were not (physically) offered to the buyer and the buyer did not accept the goods.

  • Nutrino on 31/12/2022 - 18:29
    +1

    This is as old as time itself.

  • Rako on 31/12/2022 - 21:17
    +5

    I had this happen to me recently with an online click & collect purchase from a liquor store, when I went to pick up my order they told me I couldn't have the goods as there was a pricing error. I rang their head office & got nowhere with the guy on the phone who kept telling me it was in their T&C's they could cancel at any time. They cancelled the order & credited my account. So I wrote a letter to the big boss & about ten days later I received a gift voucher which was for more than what my original purchase was. The power of the written letter sent in the post!

    • Daabido on 31/12/2022 - 23:24
      +1

      Emailing one of the company directors who has responsibility for that area usually works too, although I go through all available steps before then. Their email address is usually [email protected]. Keep it polite, short, and to the facts. One of their underlings will then get in touch to try to resolve the problem.

    • dmbminaret on 01/01/2023 - 11:31
      +1

      This is such garbage. The ACCC need to make some better rules around this. If the retailer has confirmed your order and taken payment, that should be contractual to supply the goods whether it was erroneous or not.

      In your case, you're now out of pocket by travelling to collect for them to realise it was an error.

      If we make an error, they don't have to refund for change of mind…same rules should apply.

      And as a consumer, we have nothing at our disposal for dispute. Fair trading won't do anything unless there is multiple complaints and ACCC don't handle individual complaints.

      Only option is forking out money for legals through small claims and trying to win costs.

  • Baysew on 31/12/2022 - 23:51

    do I have any legal options?

    No, they apologised twice.

  • Charlieeee on 01/01/2023 - 00:45

    Officeworks? Logitech webcam?

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