Quick....any lawyers here?

[LindaR]

Quick question. If a retailer (actually a web retailer) sends an email about a sale (example: 30% off all full-priced women's and men's wallets) and there is NO disclaimer saying that it does not apply to certain brands, and you attempt to make a purchase, discount is not given, you call the customer service and they say it does NOT apply to the brand you are attempting to purchase because that brand NEVER goes on sale.........are they, by law, required to honor their sale statement???

 

[VickiVM]

Quick question. If a retailer (actually a web retailer) sends an email about a sale (example: 30% off all full-priced women's and men's wallets) and there is NO disclaimer saying that it does not apply to certain brands, and you attempt to make a purchase, discount is not given, you call the customer service and they say it does NOT apply to the brand you are attempting to purchase because that brand NEVER goes on sale.........are they, by law, required to honor their sale statement???

Not a lawyer, but worked in retail many years. I would first be sure that there is nothing on the web pages that say certain labels are not included in any sales. I know for example, Liz Claiborne is one of those labels - Chaps may be another. Also, pay close attention to the actual page the % is reflecting - are there items on that page or a link that takes you to the merchandise that is on sale?

 

[JimmyPicker]

I would look very closely at the email. And I would look very closely at the website. The main page, the page where any of the wallets are, the checkout page. There might be something in very small print somewhere (and there probably is).

To tell you the truth, I wouldn't waste the time or the money on a lawyer. I would cancel the purchase and not use that company again.

 

[LindaR]

I received an email. On their homepage is a "banner" at the top that says "all full-priced women's and men's wallets".......discount taken at checkout

NOWHERE does it say that it only is good for certain wallets or that certain brands do not apply.

 

[JR6ooo4]

Often a reply heard in referrence to these complaints...

"Oh, well are policies are posted on a page that has no link from our website..."

So the customer has no way of easily viewing the written policies.

Mikeeee

 

[Reah Bourne]

Simple answer: no.

Many retail outlets will honor the price as a matter of policy but there is no requirement by law. Action can be taken if there is a clear intent to defraud the consumer but an oversight or a mistake is not the open for legal redress.

And it works both ways. Supposed you accidentally overpaid by 30%. Should they be allowed to keep your money? Obviously not, right?

 

[bicker]

That's the crux of the issue: Mistakes are not crimes. All transactions require agreement, and agreement is a matter of intent.

By the same token, if the advertisement was for a membership buying club, you could use the absence of the disclaimer as justification for your own claim that you made a mistake in paying the membership fee -- i.e., that your decision to join the club was based on your belief that the discount would apply broadly. Therefore, for the same reason (i.e., that there really wasn't an agreement, because there was a mistake made in communicating what the terms of the agreement were to be), you can get your membership fee back.

 

[manning]

Simple answer: no.

Many retail outlets will honor the price as a matter of policy but there is no requirement by law. Action can be taken if there is a clear intent to defraud the consumer but an oversight or a mistake is not the open for legal redress.

And it works both ways. Supposed you accidentally overpaid by 30%. Should they be allowed to keep your money? Obviously not, right?

Is the requirement the same as in a brick store??

If a mistake is made on an ad a disclaimer has to be posted in a prominent place addressing the mistake.

I know once I bought something for 20% off and they would not give it to me. It was not in an ad but was posted. When I showed it to them they gave it to me and at the same time scrambled to remark the items.