Originally posted by freerider The contractual issue is for a judge or jury to decide. And a law review article from the University of Washington is not binding authority on a New York court, or any court for that matter.
Online sales differ from purchases made Brick and mortar stores, in that our contract to supply an item is not complete until we send a customer an e-mail confirming
that an item has been shipped. As indicated above, in accordance with our Terms and Conditions of Web Site Use and our Pricing and Availability Policy, we will be cancelling all affected orders.
Amazon is a considerably larger concern than Adorama nevertheless, in its pricing statement, Amazon explicitly notes that the price of any item is not confirmed until the customer completes the order. In addition, Amazon indicates that items in the catalog may be mispriced and the price will be verified prior to shipment. If the correct price is lower than the stated price, Amazon will charge the lower price and ship the item. If the correct price is higher, Amazon will, at its discretion, either contact the customer prior to shipment or cancel the order and notify the customer of the cancellation.
Despite these precautions, however, Amazon has been involved in several controversies regarding incorrect pricing on its Internet sites. In the most recent controversy in the U.K., Amazon mistakenly advertised iPaq handheld computers at less than one fiftieth of the retail price. Amazon was able to avoid large losses because its terms of sale stated clearly that a contract for sale was not formed until the goods were dispatched, giving Amazon the right to reject the many orders it received.
The contents of Amazon's automatic responses to the orders were consistent with those standard terms. Similarly, in the United States, Amazon mistakenly advertised a memory module at approximately 10% of its normal price and DVDs at approximately 75% of their list price. The company sent email notices to the affected customers, in accordance with their posted pricing policy, asking them to pay the higher price or cancel their order. Nevertheless, several customers filed deceptive advertising complaints with the Federal Trade Commission and the Better Business Bureau.
Any affected customers who believe that Adorama Camera has failed to comply with the law by not clarifying our policy in relation to errors on the website, (copied again below) can of course make legal representation.
"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".