What are the rules...
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Hi All,
Don't know if anyone here can help me with an answer - but since I know that a lot of you are from the US, I give it a try...
The short story...
I wanted to purchase some software online from a company based in Edmond, Oklahoma, USA...
They even had a great offer because of the approaching Holiday season - 40% discount - which certainly is a great offer...
The total amount ended at app. 150,00 USD (after the 40% discount)...
Certainly not a fortune, but since it's December, I had second thoughts and since the discount ends by the end of December and since I don't have a immediate need for this software package, I had some second thoughts, left the shopping basket, as I wanted to return by the end of December - after Christmas - where my funds would be better...The next day, I got an email with the subject: Save 30% Off Your Order
The message in the email was very simple...
I could resume my order and redeem a 30% discount within the next 24 hours...I assume you can imagine how surprised and happy I was to receive this offer.
30% off the 150 USD would mean a total of 105 USD...
Most definitely an offer I couldn't refuse...!Unfortunately it doesn't work this way...
I clicked the "Resume Order & Save 30%" button, but when I entered the coupon code I didn't get a 30% discount of the shopping cart total, but from the total price of the software package - hence an inferior deal compared to the 40% I got originally...There's a saying... "If it seems too good to be true, it probably is"
I can't say that I'm disappointed, cause the Holidays offer is a really nice offer - no doubt...
However, after some more thinking, I asked a friend of mine who deals with legal stuff and he told me that if this had been in Europe, I would be able to claim the additional 30% discount...
Unfortunately he wasn't sure if the same rules apply in the US...So... Does anyone here know how I stand...?
Am I entitled to get additional 30% discount off the price, which already is a discounted rate - or should I just leave it and be happy with the 40% and complete the order by the end of December...?!? -
Sometimes retailers advertise a discount or coupon, but say it doesn't apply to "sales" or other discounted items. That's pretty common, especially if the regular price continues to be listed and used the rest of the time.
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@pbacot said:
Sometimes retailers advertise a discount or coupon, but say it doesn't apply to "sales" or other discounted items.
But that's the exact point...
Nothing in the mail indicates that the 30% discount doesn't apply to already discounted items/prices...It says... Save 30% Off Your Order!
If this was a business I was running, I certainly would mention that the 30% wouldn't apply to already discounted items - but they forgot to...Moreover, the 40% discount is something they offer to everybody entering the webshop...
It's written all over...
"Save 40% off EVERYTHING site-wide through Dec. 31, 2014 - use coupon code XYZ..." -
@frederik said:
If this was a business I was running, I certainly would mention that the 30% wouldn't apply to already discounted items - but they forgot to...
'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.i haven't seen the ads/coupons etc but from the looks of it, it doesn't sound like they're scamming or bait&switching etc.. pretty sure you have no legal grounds to stand on in this case and any compromises that would possibly be made would be between you and a manager.. but even then, i wouldn't count on it.
(but kim.. make sure to take what i say with a grain of salt.. i'm no lawyer
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And have you a VAT on all that ?
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Most coupons here typically have fine print and say some version of "may not be used with any other offer" I would guess you would find that stated somewhere or other. Maybe these disclaimers get missed in online adverts? You can always ask and they may want to sell it bad enough to give you an additional discount.
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Thanks for the input, guys...
There really is NO text in the message mentioning that it doesn't apply to item already discounted... They simply forgot it...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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@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... -
@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... -
@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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