Originally posted by hjkimbrian Helen, while I appreciate you taking your time to answer on forums on a Sunday, I do not appreciate the tone you are taking in your post. Mistake do happen in business and sometimes business own up to it despite costs associated with it. Clearly your company elected not to do so. Whether it is an honest mistake, typo would be considered a big screw up, especially in online retail.
Your initial confirmation with so called Sales Manager added more confusion since he changed his stance shortly afterwards. No need to get defensive about it.
I'm sorry you feel this way; it sounds as though you may have misinterpreted my response, for which I take full responsibility. Our sales manager didn't change his stance; he replied to me that the price was correct, which it was. I asked him if he could call the Purchasing Manager at home because of all the posts on here that this was such an amazing bargain, that it sounded, in my experience, and that something wasn't quite right.
The Purchasing Manager clarified that the person who had typed up the listing had clearly made an error, and every effort was made to get the listing removed as quickly as possible.
An official response will be going to everyone who placed an order, tomorrow, clarifying that this was a typographical error. It is regrettable that so many of our valued customers have been deeply disappointed and inconvenienced by this error.
Please be assured that the admin assistant responsible will be called to account first thing in the morning, and this matter will be dealt with according to our regular disciplinary procedures.
---------- Post added 08-17-14 at 03:31 PM ----------
Originally posted by freerider General contract principles apply here. Adorama clearly made an offer by posting the deal on its website. People accepted that offer by making the online purchase. There's clearly consideration as this is an exchange of goods for money. As far as I'm concerned, there's a binding contract in place. If Adorama doesn't honor the deal, it's in breach of that contract. Smells like a class action lawsuit to me.
While I would dearly love to be able to agree with you that you are correct, and confirm that everyone who placed an order for this mis-priced item will be able to receive it at the price posted in error, no money has changed hands, therefore there is no contract.
Our terms and conditions state:
Terms and Conditions
"Purchaser, by placing an order, makes an offer to purchase pursuant to these terms and conditions, which offer, if accepted by Adorama Camera, is accepted within the State of New York, and purchaser consents to the jurisdiction of the courts of the State of New York for the limited purpose of dispute arising between the parties resulting from this transaction and agrees that the laws of the State of New York shall apply.
Adorama.com is intended to be a guide only. Some item illustrations are for display purposes only, may not be exact, and are not necessarily included in the purchase price. Adorama is not responsible for typographical or pictorial errors, and specifications may change without notice.
We make every effort to provide you with an error-free Web site. However, in the event there is a misprint, we reserve the right to correct copy or pricing to reflect the actual current status.
Order confirmation given to you through Adorama Camera does not guarantee our acceptance of your order, nor does it constitute confirmation of an offer to sell. Adorama Camera reserves the right to decline and cancel an order, or supply less than quantity ordered at any time".
The law relatiing to errors in online pricing can be found here:
http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/354/vol1_no1_art2.pdf
In
Back Issues | UW School of Law - LTA Journal see "Oops! The Legal Consequences Of and Solutions To Online Pricing Errors"
In brief: "When online retailers make honest, good-faith pricing mistakes that result in huge losses to the benefit of opportunistic online shoppers, their mistake could be grounds for rescinding the unfavorable contract under the doctrine of unilateral mistake.
One party’s mistake can make the contract voidable when the mistake concerns a basic assumption on which the contract was formed and has a material effect on the agreement that is adverse to that party.
In addition, the adversely affected party must establish that ... the effect of the mistake is such that enforcement of the contract would be unconscionable ... The adversely affected retailer must also show that enforcing the contract would be unconscionable ...
The contract, if enforced as formed, needs to cause hardship to the adversely affected party. Among other things, courts will consider whether the sale would cause the retailer a loss, rather than merely earn a diminished profit ...
Rescinding the contract is the only available remedy under unilateral mistake; it is not a basis for reformation ... the retailer must cancel the customer’s order and re-offer the product at the actual price".