Moved to Forum: Original Link — Confirmed price error from Harvey Norman
Nokia lumia 930 windows phone Orange Pre Order $5
Releases late August.
Clearly a price mistake and only orange will show up in cart for $5. I have purchased one and was charged $5 on account.
Lets see how long it lasts
I've got email from paypal… let's see what will happen next
order email received. probably won't get shit, but worth a lucky punt, especially that I spent all my money on the $50 million Powerball last night and won nothing. I need this.
I am sure you had at least $5 left after the Powerball.
Ordering one just to piss off Gerry.
Got 3 for fun
No harm in trying, you never know. Microsoft is already having problems selling W8!
In for 3
thanks OP
lol what did u think she was going to say
Now you woke them up… Why?
That's why the prices for black, green and white have changed. What a noob!
facepalm
thanks man, thanks very much!
Time to update the FAQ
subydoobyit - someone who alerts the shop owner that they have a pricing error and gets them to fix it.
Gerry, is that you?
Poor subydooby, negged by those in denial who don't want their bubble burst :)
There's always one that has to ask.
I ordered 1 knowing full well I'll get a refund but wanted to give Gerry the sh**s but after reading the comments maybe this was intentional?
Bloody Gerry.
Being the greedy retailer that HN is, I bet they've reversed the price and the discount again meaning they only wanted to give a $5 discount.
Was hoping to get it from their eBay store even cheaper but not so.
Word from the pop-up chat guy on the site, is that it is a pricing error. I asked if he was sure. He said he was sure. Then I asked how sure? He didn't reply but said they are frantically trying to fix the error. I could almost hear them in the background "Shut it down!.. How?… I don't know, I thought you knew!?"
lmao
Lol
LOL
Its expired.
funs over guys
Oh well. Guess we better head off to work then. Unless you have something else Trent?
I have 10 sets of Lumia 930, happy to sell for $300 a piece at hugely discounted rates to anyone who is keen. Lol.
just othrr deals in link in post. its the 92hr sale
Yep, all done.
rokkz…
yes
lol, if you try adding it, it just says 'no items in shopping cart, please continue shopping'
Does anyone think they will actually receive one? I had one in my cart but went back to get another for my partner and missed out entirely. Rookie mistake!
Dan it!! I try to buy it and add the chart but there nothing in the chart.. sigh too late !! Can anyone tel me if they will actually sell that for $5 for those who already bought ?
Yes
lol
No they wont, however for your time they will offer you a 3.14% discount on any cane furniture in their one-hour cane furniture hotsale some time mid october.
I doubt it, but it depends how much green G dawg has been smoking.
Hardly Normal, Gerry-atric
Yes my chart is empty too.
Mobile still shows $5
Unmark expired and keep buying!
http://m.harveynorman.com.au/cameras-phones-gps/phones-phabl…
Sorry, add to cart fails.. Never mind…
My order just disappeared from the account. Only emails left as a prove.
what a rip off i paid $5 for the same thing like 5min ago.
Well that's expired now :( Hope you guys get your cheap phones!
I think theyre out of orange!
This could have hit 10 000 pre orders as pre order function is unlikely to control qty. What a noob.
(2) Representations of products for sale made by Harvey Norman Online via the website do not constitute an offer to sell but an invitation to treat.
"Generally, advertisements are invitations to treat, so the person advertising is not compelled to sell to every customer"
(10) Harvey Norman Online will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
" if you get a tax invoice… lucky bugger…. order confirmation doesn't count"
bait & switch applies to this sale as per T&C
Thanks for your post!
I was actually wondering if this tactics legal in Australia. Apparently it is :(
Based on some text posted on the internet? Or because the perpetrator, Harvey Norman, says so?
A contract is formed when
An offer is made
That offer is accepted without qualification (ie: you dont say Ill give you $4)
Money changes hand at the request of the seller.
But you will need to take it up with a solicitor to get HN to act on it. An invitation to treat is a legit legal concept, one determined by courts, not sellers. Generally, money does not change hands with an invitation to treat.
You accepted their offer, despite what they want to call it… or
They accepted your offer when they accepted money.
Im not saying that is the legal outcome of a case, Im saying that is more like what the law states.
You would need to take it up with a solicitor.
I don't think this is the right example for bait and switch. What are they switching you to?
This is stupid
quit being immature.
bit late :/
now HN will make some $ on the short term money market using OZB funds before refunding to members…. now that's professional!
It is more work for them than money so I dont believe so and it was just simply a mistake (although it being orange might raise some conspiracy theories).
3000 clicks before it expired so max @ $5 = $15000 at 100% conversion rate (unrealistic) and most will be via PayPal so no interest applies.
The amount of customer and customer service headaches with cancelling orders and refunding would not be worth it. So just a stuff up.
Anyone who thinks this will be honoured is dreaming….but of course I still ordered one on the .00001% chance it is
Of course if people weren't greedy and only ordered 1 each it may increase the chance to .00002%
and if people only order if they were going to buy the phone anyway.. your chance will be .002%
And if HN had honour your chances would be 20%
But it's clear now HN doesn't have honour.
It says only for the Orange:
LIMIT 3 PER CUSTOMER
$5ea 96 HOUR SALE
Pre-Order NOW! Available Late August
Note Pre-Order. All the other colours at regular price did not say this.
Sorry, we are down for maintenance. We will be back online shortly.
"Some one Stuffed up"
LIMIT 3 PER CUSTOMER
$5ea 96 HOUR SALE
Pre-Order NOW! Available Late August
Normal price $534ea on Sale.
This is pricing error. Confirmed by HN online chat rep.
Pricing error or a pricing stunt by G dawg, to draw attention to the actual sale price of the 930.
Guys was chatting with their online team, I asked them about the deal and they replied:
Effat
No worries, is there anything else I can help you with?
it was a system pricing error
Client
so what happens to those who were lucky to order one then ?
8:18 am
Effat
as soon we have found it, it has been disabled
they will get refunded
Orange has been removed all together.
either way, this is an amazing price for top shelf phone. 534 is really good.
Just got refund confirmation email as no surprise
The amount of free publicity HN get from these 'accidental' pricing errors…
There's nothing stopping them from doing it once in a while, as they never ever honour them anyway. I just feel for the people that have to deal with this.
If they back this up with a press release I'd agree with you. Wait and see.
The amount of free publicity HN get from these 'accidental' pricing errors…
But it's not a lot of good publicity…
HN refused to honor the transaction :(
I am getting my money refunded……
Well derrr.. What, did you actually think you were going to get it for $5?
and now HN has everyone's personal details/email
Email from HN.
Dear Customer,
We refer to your order dated 15/08/14.
Due to a technical error, the Nokia Lumia 930 Windows Phone - Orange (2712700) was advertised at $5 on our website on 15/08/14. The correct price of the product is $727.
Our records indicate that you made an offer to purchase the Nokia Lumia 930 Windows Phone - Orange (2712700) at the price of $5.
Pursuant to clauses 5(7) & 5(8) of the Harvey Norman Online Terms and Conditions of Sale (available at www.harveynorman.com.au/terms-and-conditions/), Harvey Norman Online may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
As such, we have not accepted your order and would like to arrange a full refund of the payment made by you. Your refund will be automatically processed with the next 1-2 business days.
We apologise for any inconvenience this error may have caused you, and note that the product remains available for pre-order.
Please do not hesitate to contact our Harvey Norman Online Customer First Team should you have any questions.
im not giving them 1-2 days with my paypal order… ive already initiated the refund process
Now Charge back!
Rejected
Why is it OK for HN to advertise whether mistakenly or not and then withdraw, I am 100% sure HN would pursue by legal means and otherwise to fulfill the deal if it was to their advantage, if you or I were a small wholesaler or vendor. I urge you to shop elsewhere, anywhere elsewhere…
lol
I completely agree. If they can't ensure mistakes don't happen, then they should bear the cost of the mistake and be held accountable.
Its not like he they can't afford it.
Can you ensure that you never make/made a mistake?
Probably not, but if its spinning his wheels you can bet a court will not accept that it was just a mistake. He would be held accountable for his mistake. So there is no reason HN should be any different when it makes a mistake.
Not all mistakes are equal, but some have legal recourse.
"Due to a technical error, the Nokia Lumia 930 Windows Phone - Orange (2712700) was advertised at $5 on our website on 15/08/14. The correct price of the product is $727. "
BS, the price is $534, wrong again HN
http://www.harveynorman.com.au/cameras-phones-gps/phones-pha…
"Our records indicate that you made an offer to purchase the Nokia Lumia 930 Windows Phone - Orange (2712700) at the price of $5."
No offer was made, a purchase was made a price was paid a receipt was sent out by HN and they have already accepted the monies from paypal.
"Pursuant to clauses 5(7) & 5(8) of the Harvey Norman Online Terms and Conditions of Sale (available at www.harveynorman.com.au/terms-and-conditions/),"
Clause 5(7) has absolutely nothing to do with the claim they make
Clause 5(8) does not even exist in their T&C.
Monumental FAIL HN.
If you scroll down a little bit further you will actually find the "Terms and Conditions of Sale" (not the "Website Terms of Use"). HN indeed refer to the relevant parts. The main question is whether a sale took place or not. I fear colonial law always favours the corporation.
Things would be different in other countries where, once a merchant accepts your money by doing so they undoubtedly agreed to a contact of sale. Even those contracts could be voided in case of error, but the merchant would be liable for damages (if for example you had already destroyed your iPhone in anticipation of receiving the Nokia).
So if it was a brick and mortar mobile shop and you preordered a phone but later received a call that it was a price error please come back for your money, what would you do?
No offer was made, a purchase was made a price was paid a receipt was sent out by HN and they have already accepted the monies from paypal.
No, you made an offer only, no contract was entered into. The product listed on the website is an invitation to treat.
(4) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(i) any requirements set out in these terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) Harvey Norman Online receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
Note that once full payment is received, this is when an Offer was made by you, the buyer.
No contract is entered into until Harvey Norman accepts your Offer. They chose to evoke clauses 5(7) and 5(8) and accordingly reject your offer.
It sucks, I know.
No, you made an offer only, no contract was entered into. The product listed on the website is an invitation to treat.
What is an invitation to treat? Its a catalogue, an ad in the window. Indeed a listing on a website. But it is no longer an invitation to treat when money changes hands. Note all definitions of invitation to treat do not pass the stage of the cashier saying, "something is wrong, we can not sell for this price".
Im not up on online dealings, with ease of payment systems, and maybe as PayPal has not passed the money on to HN, there is room for judicial rulings that online payment is not consideration (something of value changing hands), but I would argue that the promise to pay via PayPal, is something of value.
Id be interested to hear what a qualified lawyer has to say about it.
Its true that the offer is made by you the purchaser, and it appears that the listing by HN is an invitation to treat, but Im still unsure how they (courts) deal with the payment. You dont make payment in an invitation to treat, nor an offer. That is the last step to form the agreement (agreement being the first step in establishing a contract exists). Offer, Acceptance, Consideration.
And going by the highlighted text, your full payment of the $5 asked for the item, was accepted and payment moved from your account to HNs PayPal. It says account, I dont see any qualification of that word 'account'. They clearly have some form of confirmation, as they have responded to the transactions. That would not happen without payment. Try to get confirmation of an order without making payment.
Lastly, HN keeps mentioning refunds that they are authorising/making. Refunds of what?
As someone else has said, there is likely a genuine mistake, this CAN void any contract. Not necessarily though. There can be no meeting of the minds if there is a genuine mistake, again, no agreement.
(Yawn)….
"Please be advised that this is a refund confirmation for your online order. While we are sorry to hear that the purchased goods were not suitable for you, we would like to thank you for your business and look forward to future transactions with you."
Sorry to hear purchased goods were not good for you HN, I would have been perfectly happy. :-)
I got the lame arsed excuse letter above and also got soon after this.
"Hi XXX Sorry, your order has been delayed. It shouldn't take too long. We'll contact you as soon as it's ready.
Order number: XXXX Issue date: 15/08/14
Items on back-order Qty
Nokia Lumia 930 Windows Phone - Orange
Bonus 96 HOUR SALE
Bonus Pre-Order NOW! Available Late August
3"
Delayed but coming?
my other order wasn't "cancelled". They only picked up on my first order (not second)… unless so many people tried to buy them its still down in the list…. lol
aren't you inconveniencing yourself even further by going in to try argue your way into a $5 discount?
If you have received a confirmation and the payment amount has been taken (preferably by Harvey Norman, but Paypal should also be OK, given the amount normally goes first, and then one receives the confirmation), then there is a valid contract between yourself and Harvey Norman.
If this was the first time HN makes a mistake like this, they could get out of this, but if it is not chances are good that you can take HN to QCAT (about $23 to file a claim, no further cost risk as no lawyers allowed)(in Queensland, they equivalent in other States) and can force HN to give you the phone and/or compensation. If many people do this, this would force HN into action as HN MUST attend the meeting scheduled by the tribunal.
I have done this on another deal where hundreds of people on Ozbargain had their orders cancelled and surprise, surprise, the big electronics chain buckled, fulfilled my order, and had to pay the filing costs.
Also did it with the Optus tablet years ago and also got what I ordered.
If you really want the phone and/or piss off HN, this would be a cheap way to do it. In the worst case scenario, you will get some entertainment for $23 and the knowledge you cost HN heaps of money in employee time (and public embrassment if it goes to trial after mediation fails).
Just to clarify:
The offers on HN constitute invitatio ad offerendum (invitation to treat). When you make your order, you make an offer to buy an item at the price they advertised. Once they take payment and confirm that normally constitutes an acceptance of the offer and a valid contract has come into existence which is then binding on both parties to the contract.
There are some "get-outs", genuine mistake being one of them, but if it has happened before, it has been up for a longish time, it will be hard for a professional organisation with lots of resources such as HN to argue genuine mistake.
And yes, if they cancel it, they might also be liable for damages a person suffered due to the reliance on the contract.
The different responses posted above (some seem to suggest fulfillment of the order is delayed, not cancelled) also work against HN arguing it is a genuine mistake - if it was they would have immediatley canclled all orders. Also, given the fact it has happened many times before, any reasonable person would argue that they should have put a system in place to prevent this from happening, which is technically easily possible.
Source: Prof experience, can also be verified by any up-to-date contract law book
I think we better crowdsource the 23 Dollars as I just received an email that says:
"Please be advised that this is a refund confirmation for your online order. While we are sorry to hear that the purchased goods were not suitable for you, we would like to thank you for your business and look forward to future transactions with you.
Your refund has been actioned; the outstanding amount may take up to 2-3 working days before it appears on your financial statement. If you have any questions about your order please contact us at [email protected] or call us on +61 2 9763 6891."
I never said the products were not suitable for me. I want them.
That would be funny.
Invoices sent for the remaining $529 per phone ordered, then Gerry chasing people up for money.
Not te case though as the other colours have their full price.