What are the rules...
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@frederik said:
Well... That's exactly the point...
In Europe they would need to honor it...
I.e. If I walk into a store and see a price tag with a certain amount, I'm entitled to get the product at that price...hmm.. yeah, not over here.
if they actually sell you the item at the mistaken price then try to get the rest of the money from you later, i believe you have some consumer rights at that point.. but if they catch the error prior to making the transaction, they have no legal obligations to sell at the advertised price.
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I've worked with a few website systems that have many options for getting "abandoned shopping carts" to pay. alot of these offers are simple checkmarks in the system. It's likely that the person running the system didn't set it up correctly. I would suggest explaining the matter to the company and telling them you're interested if the deal stands for the extra percentage off. If not, no thanks. Are you entitled to it? That's more an ethical question... The cost of asking the legal question far out weighs the purchase.
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Cheers, guys...
@krisidious said:
It's likely that the person running the system didn't set it up correctly.
At lease it seem that he/she forgot that they're currently running a better offer, hence the "reminder" mail is superfluous...
In addition they don't mention anything about the new offer doesn't apply to already discounted rates...
@krisidious said:
I would suggest explaining the matter to the company and telling them you're interested if the deal stands for the extra percentage off. If not, no thanks.
I've sent a mail to the owner explaining the situation...
Let's see if he will compensate me something...?! -
With non-physical items like software I would say they'll be inclined to agree and make it worth your while. Keep us posted.
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@frederik said:
Well... That's exactly the point...
In Europe they would need to honor it...
I.e. If I walk into a store and see a price tag with a certain amount, I'm entitled to get the product at that price...i did a google search:
Consumer law wrong price tagand the first item listed was a uk based link:
http://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/9762004/Shopping-consumer-rights-We-debunk-the-urban-myths.htmlit appears your belief may be an urban myth
@unknownuser said:
MYTH 5
'The price tag was wrong, but the retailer has to honour it'
THE FACTS Unfortunately not. This is a case of "if something sounds too good to be true, it probably is". If you happen to spot something that is incorrectly priced you have no legal right to buy it for that price. If you get to the till and the sales assistant notices, the retailer is within its rights to refuse to sell it to you for that price. This is also the case if you order an item online – if the mistake is noticed before you have been contacted by the retailer to confirm the sale, there is no legally binding contract and it is within its rights to refuse the sale.
However, if your sale has been accepted, you can insist that the retailer sells you the goods for the price at which they were advertised. Which?, the consumer group, said that in this case you might be able to buy the same item elsewhere and claim against the original trader for the difference in price. To do this you should write to the retailer in the first instance, explaining what you are doing. If it doesn't agree to refund the money, you will normally have to take a claim to the small claims court (see box above).
The trader could try to argue that it made a mistake with the pricing, voiding the contract. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2.it's confusing but i think it's due to a typo (question mark after 'which' in paragrah2).. but as i understand, it's the same thing as it is in the u.s.
if the seller catches the error prior to making the transaction, they aren't legally obligated to sell at the listed price.
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In America there are actual laws about advertising prices and can carry penalties ranging from small fines to triple damages and can create what we call class-action lawsuits with millions of litigants. But, as this Law Professor from Harvard is finding out... Sometimes it's better to let sleeping dogs lay.
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@jeff hammond said:
...it's confusing but i think it's due to a typo (question mark after 'which' in paragrah2)..
it's the name of a consumer association and magazine...
in the UK, it's quite common to honour mistakes on advertisements, but not on an individual mislabeled item...
the main defence is that the 'customer' can change a label, but the owner controls promotional material...
an email would fall into the 'promotional material' category...
john
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@driven said:
it's the name of a consumer association and magazine...[/attachment]
haha.. i see now
thanks for clarifying. -
@frederik said:
@jeff hammond said:
'forgetting' to include all terms in fine print doesn't require them to honor the discount.
nor does mis-pricing an item in the store.. like an item says $100 instead of the real price of $1000. the store is not legally required to sell you the item for $100 in that situation.Well... That's exactly the point...
In Europe they would need to honor it...
I.e. If I walk into a store and see a price tag with a certain amount, I'm entitled to get the product at that price...Kim, FAIK here in the Netherlands this is only true if the lowest price is still a reasonable percentage of what could be expected.
Say if you see something that normally would cost around €500.- and it is priced €5.-, you wouldn't have a chance. However if the tag says €450.-, then that's the price, even if they made a mistake. The first is an obvious mistake. The second isn't that obvious. but you need some prove if things get out of hand. -
Again... Thanks for the input and advices...
I wrote to them, but still haven't heard anything back...
But as I wrote...@frederik said:
Nevertheless, I think I will just leave it and stay happy with the discount I already got...
I don't want to be greedy, but if I was entitled to an additional discount, hey, why shouldn't I go for it...
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@frederik said:
I wrote to them, but still haven't heard anything back...
follow up if anything comes of it.. i'm mainly just curious if they'll give you a robot reply, a compassionate reply, or no reply.
on a not-so-entirely-off-topic note.. check out this one that happened to me an hour ago.
went to starbucks to get a pack of Via (their little single dose instants which i keep around for those times when a single cup will do)
they're usually ~$9 but the store is all christmas_ized right now and they only had the xmas blend vias.. (and they don't put prices on these types of items).. so the dude rung me up and it was almost $14.. i tell him "lemme get one of them nine dollar packs.. nine is a rip off but 14 is extra rip off".. so he goes in the back to find one of the normal versions and couldn't find one.. comes back and says "here, just take it"
so i did.
[edit] oh.. i also had a large coffee.. he didn't charge me for that either.
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Some might call it stealing on both your part and the employees... others, including myself, would call it good customer service and a good customer retention act.
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@jeff hammond said:
follow up if anything comes of it.. i'm mainly just curious if they'll give you a robot reply, a compassionate reply, or no reply.
Yesterday evening I received the following message...
@unknownuser said:
Sorry for the confusion and frustration. I've noted that to our team.
We don't take for granted any time you decide to purchase our products and spend your well earned money with us ... and hope you do again!
We typically save our best deals for December to make the purchase a little easier.Hope you're doing well ... thank you for being a part of our community!!!
So... I wasn't as lucky as you Jeff... No free software for me...
I will just wait until the end of December and be happy with the 40% discount...
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@krisidious said:
Some might call it stealing on both your part and the employees... others, including myself, would call it good customer service and a good customer retention act.
i think it would just be called incompetency on the part of the employee.. or, if the bosses knew the guy did that, he'd be reprimanded/fired for incompetency and not stealing.
maybe some would think i was also a thief in that circumstance but idk, if i were to actually steal an item from a store, my moral centers would trigger and i'd feel guilty.. in this case, i didn't feel guilt so in that regard, i personally wouldn't call it stealing on my part.
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@Frederik.
I'm just curious what software it is?
Am I missing out on something....
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@pixero said:
I'm just curious what software it is?
Am I missing out on something....No worries, Jan...
I don't think you'll be missing anything...
If I believed that someone here would benefit from this 40% discount, I'd tell you about it, but I believe that those interested in this kind of software are already aware... -
It's horoscope software... He plugins in dates and it tells him if the planets are aligned in the right house for him to model or not...
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Was it that obvious...?!?
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Frederik, was there a place in the email to click on that took you to their website, or did you just go to their website and then apply the discount code? I frequently get such emails - usually if you click on the banner in the email or a specified link, it takes you to a dedicated page on their website that explains the particulars of the discount.
The U.S. Federal Trade Commission rules state that contingent conditions and obligations of an offer must be set forth clearly and conspicuously at the outset of the offer. A lot of companies use "fine print" to do this, but technically that does not meet the FTC's rules.
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Based on the limited information provided in the OP, I would never have assumed the 30% discount applied on top of a transaction that included a 40% discount and that transaction had never been completed. It seems very clear that the 30% referred to the original item in the cart, not an item that had progressed from the cart to the checkout by clicking a "Buy" or "Purchase" button. I would have assumed that the company had changed the discount and were pushing the new discount to customers (for whatever reason). I think you got offered the new discount because you deferred your purchase. Certainly, the vendor is obligated to uphold its original discount to you, but not to increase the total discount (to 58%!!). Nowhere have I seen any evidence that says they offered a 58% discount. Can you provide that? Without the full text of the original email and the actual web page, the true context of this is murky to say the least. I found it odd that the OP has not provided that context. OP will not even reveal the product.
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