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From Sears' Facebook post:


Unfortunat​ely, today one of the Marketplac​e third party sellers told us that they mistakenly​ posted incorrect pricing on two Apple iPad models on the Marketplac​e portion of the website. If you purchased either of these products recently, your order has been cancelled and your account will be credited. We apologize for any inconvenie​nce this may have caused.
 
So I haven't heard of anything this major online yet but in retail stores, if something is marked at a lower price but is actually a higher price, they HAVE to sell it to you for that lower price by law. There are many times that a sign in a store is displayed say $10 and the stores have to honor that lower price. Shouldn't the same thing happen here since their orders went through and got email confirmations? Unless there is an exception for online or something...
 
What keeps getting lost here is that Sears didn't make the mistake, a third-party seller did. The beef is between the buyer and the seller. As long as the buyers are reimbursed, Sears doesn't owe anyone a damn thing. Same with Amazon and their third party sellers.
 
So I haven't heard of anything this major online yet but in retail stores, if something is marked at a lower price but is actually a higher price, they HAVE to sell it to you for that lower price by law. There are many times that a sign in a store is displayed say $10 and the stores have to honor that lower price. Shouldn't the same thing happen here since their orders went through and got email confirmations? Unless there is an exception for online or something...

I don't know the law for sure but I don't think that's true for retail stores either.

They can just say it's a mistake (and likely it is) and I don't think they'll be held to it.
 
So I haven't heard of anything this major online yet but in retail stores, if something is marked at a lower price but is actually a higher price, they HAVE to sell it to you for that lower price by law. There are many times that a sign in a store is displayed say $10 and the stores have to honor that lower price. Shouldn't the same thing happen here since their orders went through and got email confirmations? Unless there is an exception for online or something...

That's a very common misconception. I studied UK law, but basic contract law is very similar in the US.

The problem here is if you make an offer and someone else accepts then you must go through with it. If you don't the other person can sue you. If items in a shop/online were offers then the customer would be accepting it and they would have to sell it or be sued. This would be a big problem as shops need the ability to refuse sale at their discretion- eg trouble makers, young people drunk people...

So instead items for sale are considered "invitations to treat/bargain" which basically means they are not offers, but an invitation for you to make an offer. So the customer makes the offer when they go to the salesman in store or place the order online. The company is then free to accept or reject that offer. However, I'm sure if a company deliberately puts signs up they know they won't honour that would not be legal- but that still doesn't mean you can compel a company to sell something to you.

On top of that many places include provisions in their terms and conditions. Both Apple UK and US specifically state they will refund you if they find a price error.
 
Buy it, knowing they will reneg.

Then threaten to sue and/or go to the media. If you send the right kind of letter they may settle for the isolated case.

Since only a couple lawyers might do this it's possible they would settle.

In their settlement agreement you sigh an gag order.

If your handling a lot of cases and just have a worker deal with this you could (conceivable) get away with it without expending resources; which would end up costing more than any savings. After all, it's not a spite case it's a money thing (unless you nutz 😀 )

I don't know.
 
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