Published price on website....dealer refuses to sell (claims confusion)

[Johnny Vinyl]

As some of you may know I've been looking at a replacement cartridge and have been doing a lot of research on various brands and models. I've narrowed it down to a few brands/models and have been checking on prices. Today, while checking on one of them, I noticed another model at a fantastic price (less than half) so I ordered it by sending a email (no direct purchase option).

Their reply stated simply "Sorry about the confusion. I won't be able to get the XXX cartridge for now.".
To which I replied: "No confusion here. It is clearly listed you offer and sell XXX cartridges and the model I inquired about. It states $XXX.xx USD for this cartridge. What am I missing or confused about?"

It seems clear to me that this dealer hasn't updated this particular webpage (I printed off the pages in question for my records) and is likely having it updated as we speak. IMO the price listed is a simple typo, but it's a huge one and should have been caught. As a former business owner I truly understand the predicament he's faced with, but as a consumer I also have the right to receive/buy a product at the published price.

While I am certainly not a person to take advantage of honest mistakes, I am wondering if I should not push this issue further as the dealer (to me) has shown negligence with regards to the maintenance of his website. I'm actually almost flabbergasted no one ever pointed this out to them. It's a very well-known cartridge manufacturer and he's a well-known dealer.

What would you do?

[Steve Lefkowicz]

Not to sound harsh, but if a price seems too good to be true, then it probably is. Either a mistake (as claimed by the dealer here) or due to selling gray market or B stock. If it is a legitimate dealer, then it's also probably just an honest mistake.

[Johnny Vinyl]

Not to sound harsh, but if a price seems too good to be true, then it probably is. Either a mistake (as claimed by the dealer here) or due to selling gray market or B stock. If it is a legitimate dealer, then it's also probably just an honest mistake.

Not harsh at all...I think it is an honest mistake and he's an authorised dealer btw. However, at what point does the dealer reasonably cease to take responsibility for their errors. I have no way of knowing how long this page was "live". My discovery was sheer happenstance and I called them on it.

[Johnny Vinyl]

Just received a response:

"Thank you for the reply. I won't be able to get the cartridge for you. I will take off the list soon. The list was old and have not been updated for a while.
Sorry about that "

I figured this was the case, but it still leaves me with a bit of a sour taste. When you walk into a B&M there is a scanning code of ethics that must be complied with. If the retailer was lacks in updating their pricing (electronically and at shelf level) then they bare the responsibility of providing the lowest price to their consumer. It does not matter if the retailer is a chain store or independent.

This same protection should apply for online purchases, otherwise it's a seller's free-for-all and the consumer is left in the cold.

[cpp]

From what I have read, the scanning code of ethics is voluntary and from what I can find its Canada.

[Johnny Vinyl]

Yes. It is voluntary and does pertain only to Canada, but it has become standard practice for the vast majority of retailers and they abide by it.

[Rob]

"...as a consumer I also have the right to receive/buy a product at the published price."

You do? What if a restaurant runs out of the daily special, was that false advertising, misrepresentation or bait and switch of some sort? life's too short for this and there are many dealers that will happily sell you a cart.

[MylesBAstor]

To be honest, the dealer is legally required to honor the price. The same thing happened to me back in 2003 when looking for an apartment and the rental office/landlord had made a mistake in the listed monthly rent. They were obligated to honor the price and it saved me $500 a month. Sorry for them but the mistake is their fault, not yours.

I even had that happen on eBay a while back as by chance, I bought the album right as it was posted and the posted price was a mistake. The dealer honored the posted price.

Let's put it this way. If you put in a bid for a job contract, got the bid and then realized later that you made mistake, would you go back to the client and say sorry the price was actually higher? I wouldn't feel sorry. Sure they aren't losing money on the deal. Or at least, they should meet you part way as a show of good faith.

[cpp]

"To be honest, the dealer is legally required to honor the price."

Not entirely accurate, If that was the case, if a TV was marked at $47.99 but in reality is was supposed to be marked at $477.99 the store is not going to sell you that TV for $47.99 dollars. From the Consumer its depends and also in the US is what state you reside in as there are different state laws. But in the US, Businesses that intentionally post false prices or that otherwise engage in bait-and-switch pricing can be liable under federal and state consumer-protection statutes.

[MylesBAstor]

"...as a consumer I also have the right to receive/buy a product at the published price."

You do? What if a restaurant runs out of the daily special, was that false advertising, misrepresentation or bait and switch of some sort? life's too short for this and there are many dealers that will happily sell you a cart.

Rob, I don't quite think that's quite the same.

[Johnny Vinyl]

"...as a consumer I also have the right to receive/buy a product at the published price."

You do? What if a restaurant runs out of the daily special, was that false advertising, misrepresentation or bait and switch of some sort? life's too short for this and there are many dealers that will happily sell you a cart.

Sorry Rob...that's a really weak rebuttal and a stretch at best.

[Johnny Vinyl]

To be honest, the dealer is legally required to honor the price. The same thing happened to me back in 2003 when looking for an apartment and the rental office/landlord had made a mistake in the listed monthly rent. They were obligated to honor the price and it saved me $500 a month. Sorry for them but the mistake is their fault, not yours.

I even had that happen on eBay a while back as by chance, I bought the album right as it was posted and the posted price was a mistake. The dealer honored the posted price.

Let's put it this way. If you put in a bid for a job contract, got the bid and then realized later that you made mistake, would you go back to the client and say sorry the price was actually higher? I wouldn't feel sorry. Sure they aren't losing money on the deal. Or at least, they should meet you part way as a show of good faith.

I agree. If they would at least show some good faith (which they may as I'm not done) I'd drop it. Right now I'm of the opinion to push the issue.

[Rob]

Sorry Rob...that's a really weak rebuttal and a stretch at best.

Johnny you're in Canada the seller is the US (?) you're not going to get anything form this retailer, i'm being realistic. In my line of work I deal with disingenuous people on a daily basis. What I think is going on here is this seller puts up a bunch of product he does not actually stock which is why there was no check out option. I simply don't waste my time with these kinds of sellers. To Myles' point, consumer protection laws regarding apartment rentals is serious business in CA, the listing broker would have faced a suspended license in that scenario.

[Johnny Vinyl]

The dealer is in Canada. Many CDN dealers list in U.S. pricing due to currency fluctuations. This dealer is very well-respected and well-known and I have dealt with them on occasion through the years. Why he does not have an online STORE is beyond me, but he does sell internationally.

[Bill Hart]

Look at the upside. First, he didn't try and bait and switch you to buy a Justin Bieber record. Second, you've saved the cost of litigation. A good dealer would not have just apologized, but tried to give you some kind of deal if it was a "typo." There was a published case in NY from a while ago where a guy disparaged somebody else in the middle of a case- I think he may have included profanity and it went before the judge on contempt charges- although it was at least a paragraph of nastiness, the author claimed it was.....

a typo.

[MylesBAstor]

Look at the upside. First, he didn't try and bait and switch you to buy a Justin Bieber record. Second, you've saved the cost of litigation. A good dealer would not have just apologized, but tried to give you some kind of deal if it was a "typo." There was a published case in NY from a while ago where a guy disparaged somebody else in the middle of a case- I think he may have included profanity and it went before the judge on contempt charges- although it was at least a paragraph of nastiness, the author claimed it was.....

a typo.

Exactly. And John has given them some business in the past. And build some good will toward future business too.

[Johnny Vinyl]

The dealer sent me another email basically saying the same thing as before, which surprised me as a reply was not solicited after his last email. There was no attempt made to work something out with me. I'm not an unreasonable person/consumer and it's quite possible we could have come to some arrangement. This left a bit of a sour taste.

There is no specific Canadian Consumer Protection Law covering online purchasing, other than the part about deceptive pricing strategies. That's not the case here and I believe the dealer was only guilty of not updating his website. I found other items on his website with prices dating back to 2010. I cannot believe I am the only one that has pointed this out to them and yet the website has still not been updated (they don't have time apparently). Is this not a sign of negligence? And what other parts and practices of your business are you not paying closer attention to. One has to wonder.

[mep]

John-Did you get any Vaseline with that boning?

[Rob]

hah! in our office its astroglide