David Jones - Purchased furniture and double stacked discounts and DJ now wants me to pay more

Over the weekend I brought furniture (recliner chair) at DJ as it was floor stock and it was heavily discounted (40% off)

When i went to pay at the counter, the register double stacked offers of 40% off and $500 off the brand in particular.

I paid for the chair in full and the lady didn't make any comments and I told them I would pick up the chair on Tuesday which they said will be all bubble wrapped.

Today I've got a call with voice message saying the manager is not happy and the customer service person on the phone has said that the $500 was a mistake and wants me to pay the $500 additional before picking up the chair.

Just wanted to ask and seek some advice in terms of what I should do, as i paid for the item already and appears to be their mistake?

Update: Picked up chair and all was well. No issues. I put chair in car and legged it ASAP.

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David Jones
David Jones

Comments

  • +15 votes

    same like other thousands of price error in ozb.

    human made mistakes.
    some companies honour that price if they can/want, some will just refunded.
    some will refund with apology some just dont care and think the customer is the culprit.
    some members cry and move on, some will go crazy and fight to the last blood

    your choice.

  •  

    Claim that the transaction has been completed at point of sale

    • +17 votes

      Cept it hasn’t been completed, cos old mate has to pick up the chair.

      • +6 votes

        Could definitely argue the contract has been entered into at the point of sale.

        IMO this is a bit different to online/automated purchasing.

        • +2 votes

          They are in a contract, and the contract is binding, except the contract applies to the terms and conditions of that store.

          The terms and conditions are what you are agreeing to when you enter the contract. It doesn't matter when the contract became binding, if said terms and conditions state "we maintain the right to refuse the sale of goods or refund in the event of a pricing error" then you have no recourse.

          OP needs to find the T&C for David Jones and has two outcomes:

          • option 1: they have a T&C that says exactly above or some part there of
          • option 2: they don't have that in their T&C and OP can fight to enforce the contract which would most likely favour OP.
          • +1 vote

            @toshjammi: What terms and conditions are in the contract though? I have never bought something in a retail store where they have given me a list of terms and conditions, or even said 'also just to let you know, this sale is subject to our standard terms and conditions'.

            If they have not shown me any terms and conditions or done anything to draw my attention to the fact that additional terms and conditions even exist let alone apply to the contract, it seems like a stretch for them to claim they are incorporated into the contract.

            •  

              @djkelly69: I do find sympathy in your situation. As i said, if you left with the chair that day you probably would have been right and got away with a chair $500 cheaper.

              I can almost guarantee there's probably a sign in size 6 font on the door to the premises or next to the cash register that says "you agree to all T&C when entering this store/puchasing etc". It is as they will argue, your own fault for not requesting a copy of the T&C prior to entering the contract of sale.

              •  

                @toshjammi: When a deal is this good you'd walk off with it and hire a van and get it home quick. OP got 40% off then $500 on top.

                Assume $2k chair turned into $1.2k then $0.5k off makes it $0.7k ($700) which is 1/3 off full price. You'd be stretched to find a better deal on OzB that was honoured.

                Worst part about this is OP is right there and basically had it in their hands.

                •  

                  @netjock: In hindsight definitely should off just taken it and found a way to take it home on the spot. Was right before closing and I didn't think too much as they were trying to make a sale and then close the store.

                  Will go instore and have a chat and see what happens tomorrow.

                •  

                  @netjock: 1/3 of*

                  Much better than 1/3 off

    • +1 vote

      The business is in possession of the good and can legally issue a refund to the source. It is then up the consumer to decide if they want to take the dispute to the NCAT.

  •  

    Have you read the DJ's sale terms and conditions? If it doesn't stipulate this issue (or even resembles it) then you can fight it.
    Good luck! Cheers

    •  

      Yeah i had a look and i cant seem to see anything on T&C on their websites regarding this.

      •  

        IMO, you have a leg to stand on! Fight it!

      •  

        If pricing errors aren't contained in their T&C you will probably have some luck. I hope that is the case, but I think you will need to go in store to find a copy of their T&C and surely a massive company like DJ would not overlook that in their conditions.

  • +2 votes

    I am not sure they can do that, you have an invoice for goods. What would they do if you elected to take the chair away the same day? It might be worth a call to NSW Fair Trading, I had a quick look but couldn't find anything matching your issue.

    •  

      They can, it's no different to the hundreds of pricing errors that appear on OzB. You can order it, pay for it and hope… but nine times out of ten the retailer will cancel the order. You have no re-course under the ACL in this instance.

      When you purchase it, you are entering in a contract of sale with the shop (being DJ) and you are agreeing to their terms and conditions. If you don't like their terms and conditions, you are free to not enter the contract. Their terms and conditions must not contradict ACL, but a pricing error does not contradict ACL unless it is done for the purpose of misleading or deceptive conduct.

      The unfortunate part of all of this for OP though as I said below in my comment is that had they taken the chair home that day, DJ probably would have said oops and taken it on the chin, because they still have the item, they still have the opportunity for recourse.

      •  

        Yeah there's a difference here. Most website's terms and conditions explicitly state a contract isn't formed until the item ships. This is because of the automated nature of their systems and they need an opportunity to reject the contract. Which is why price errors on websites they can reject.

        However, when you have a human involved in the sale, and (based on the OP) that human is the one which offered and actioned the $500 off, then that's a fairly offer and acceptance scenario. In a retail environment it's what's called an "offer to treat". Basically, you need to ask to buy something, and by the store ringing it up they are accepting the contract. This is what the OP describes and there's no reason why this wouldn't form a contract as all other retail contracts.

        In a retail setting, if there's a price error, they have an opportunity to reject the offer during the offer to treat stage.

        •  

          You are correct in your thoughts of offers to treat, but I would have a strong suspicion their T&C probably still says something along the lines of ‘we reserve the right to terminate the contract at any time’.

          T&C never favour the buyer. The only rule is they don’t contradict ACL.

          I can’t specifically find DJ T&C. Which is a bit worrying in itself as it should be easily accessible. However… as an example of just how absolute your lack of rights are in most of these instances, this is an extract from EB Games. I used EB because it’s the first company that popped in my head because I ordered something from them recently.

          “we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available”

          That’s it. That’s all they need to write. Further up, it says things like:

          • You may not assign any rights or obligations that you have under these Terms. EB Games may assign its rights and obligations under these Terms without your consent.

          And

          • Each time you use our Website you have agreed to be bound by these Terms as they then read.

          As I said, whilst I can’t find it DJ will say similar things to this, because they can, and that’s the T&C you agree to when you step foot in the shop or go to their website.

          •  

            @toshjammi:

            I used EB because it’s the first company that popped in my head because I ordered something from them recently.

            Yes because you ordered online and they need to protect against automatic contracting errors. This is my point about the distinction between online purchases and in store purchases.

            Terms and conditions don't apply to in store purchases unless the terms and conditions are clearly displayed or are part of of the law (or included as part of the agreement). You can't just say "oh there are terms and conditions and no you can't see them". There was a well known contract case (the name escapes me) where the terms and conditions of a purchase were on the back of the receipt. That was found not to be sufficient to be included in the contract.

            I once had a client who was guaranteed delivered by a particular date by the store, and then when getting them to sign a heap of paper work, got them to sign a document which says they couldn't deliver by that date. They did not have a fun time in arbitration.

            •  

              @SirFlibbled: EB's in store T&C will replicate their online T&C probably almost word for word.

              Terms and conditions don't apply to in store purchases unless the terms and conditions are clearly displayed or are part of of the law (or included as part of the agreement).

              You're missing the point that their in store T&C will almost certainly say something along the lines of, "as soon as you step in store you agree to our T&C". Never did I say oh "there are terms and conditions and no you can't see them". In fact I said the complete opposite… I just said it isn't easily accessible, but if I went in store and asked for it I would expect they produce it almost immediately and the manager to have a very good understanding of the company's T&C.

        •  

          In any case, OP picked up the chair no questions asked so it appears a winning situation :)

  • +1 vote

    Comes under individual store policy. Pricing error will unfortunately fall in their favor to fix it.

    Ironically, I reckon if you took the chair on the same day, and it wasn't discovered until after you left you probably would have got away with it. The manager probably knows they can apply the incorrect pricing policy and just offer to refund you.

  •  

    Take the refund and go to HN.

  • +12 votes

    learn from this to never leave a good deal for pick up later
    happened to me once and once only

  • +1 vote

    When i went to pay at the counter, the register double stacked offers of 40% off and $500 off the brand in particular.

    So a pricing error….

    You had been happy to pay the 'full' amount before your $500 winfall. Offer them $200 extra. Its still a win for you.

    Otherwise the store will just cancel the transaction and refund your money. No chair for you.

    • +2 votes

      This was what I was about to suggest, but make it $250 (i.e. half of the $500 discount).

      • +2 votes

        True halfway would be better. So yes OP go with a offer of $250.

      •  

        Will see what happens when i go in tomorrow. Agree half each way is a good compromise and they retain the sale.

  •  

    This also happened to me at Petcircle.

    (slightly different to your situation)

    They upsold me and automatically applied discount codes.I paid $167.

    30 minutes later they took an extra $9.90 out of my paypal (without my authorisation).

    Worst customer service (had to chase up 3 times)!

    your situation is a bit hard, hope you get your way x

  • -3 votes

    I guess this might get my Ozbargain membership suspended, but…

     fighting for this might sound like the OzBargain thing to do, but the other side of the counter could be a person about to lose their job because of this mistake. I wouldn't feel very good about that, I don't think the 'discount' is worth it.
    
    I'm not saying this is going to happen in this case, but sometimes there is a person behind the error that is worried about their job.
    
    • +7 votes

      As an ex-DJs staff member, they're definitely not going to lose their job 'cause IT can't program for shit

      •  

        IT getting paid $150k a year per person to lose a thousand here and there without batting an eye.

        •  

          If they were getting paid $150K a year, it was a waste of money; sooooo many problems when the new website launched

  • +2 votes

    Is it still a good deal even with the $500 extra?

  • +8 votes

    I think the real issue is why you didn't post the deal for all of us, lol

  • -2 votes

    Jump up and down and complain. They will surely not request the $500 back.

    Absolutely don't listen to people telling you to pay the $500. The sale was made.

  • +8 votes

    Thank you to everyone who provided some rational responses.

    I went and picked up the chair today and no questions were asked.

    • +1 vote

      Great to hear and thank you for the closure!

    • +1 vote

      That is great news, and also thanks for posting the results. Your chair sounds like it indeed was an awesome bargain, which will make you love it even more when you chill on it :)

  • -3 votes

    Should have picked up and taken the chair after purchase, to good to be true, then DJ won't have anything to say.