Bloody Kiwi's beat us again - Better discounts LOL

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  regrakk on 11/07/2011 - 11:54

  +3

  all orders have been cancelled though :S

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  nubzy on 11/07/2011 - 12:04

  yep all orders cancelled..

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  finance on 11/07/2011 - 14:24

  that's funny!

  The site would've probably crashed if the deal made it on to ozbargain!

  wonder if anyone is going to argue bait and switch lol

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  Trance N Dance on 11/07/2011 - 20:57

  Mmmm so if that happened here, and your CC was charged, doesn't that constitute a contract and Dick Smith can't back out of it?

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    cheapskateasian on 11/07/2011 - 21:49

    correct. a contract is a contract. in this case, Dick Smith's online advertising was an invitation to treat. When you put the item in your cart, that was an offer to buy. Upon entering your credit card details into their system and payment going through, that was an acceptance of offer.

    Legally they accepted your offer by processing your credit card. Therefore they are bound by the contract of the sale to deliver the items to you. Not following through with delivering the goods to you will breach the contract.

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      Trance N Dance on 11/07/2011 - 21:52

      Thought so.
      Not sure what the kiwi's do though.

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      KnownSystemError on 12/07/2011 - 12:16

      Not quite as black and white as that when it comes to this scenario. As this was an obvious error and there would be a financial loss suffered by the seller there can be an exemption from this standard process and the seller can cancel the sale. This standard process protects buyers from a seller just deciding to cancel a sale in situations such as the seller realising they could sell for higher value. There are legitimate mistakes made and the law does recognise this.

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        [Deactivated] on 12/07/2011 - 14:43

        Agreed, i'm not a lawyer but common sense prevails when it comes to the law and situations like this.

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      [Deactivated] on 14/07/2011 - 01:48

      You have seen one too many judge judy episodes.

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    marcusv on 12/07/2011 - 16:24

    Their terms and conditions would cover them:

    4.1
    In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.