expiredBoastfulFang809 posted Jul 18, 2021 01:53 PM
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expiredBoastfulFang809 posted Jul 18, 2021 01:53 PM
16.5" King Plush Pillow Top Mattress with 6" Box Spring
+ Free Shipping$178
$1,830
90% offHome Depot
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They aren't getting paid enough to care about your interpretation of a law or that you will never shop there again and how much you spend there. Trust this.
Should go without saying, but some of the posts here are pretty concerning...
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To those who think I can't set forth an absolutely legitimate argument as to how HD is bound by this price, assume what you will; not an issue that bothers me.
TL;DR - Situations like this boil down to "must've know it was a price mistake" ((not VERY LIKELY as this was HD'S "DEAL OF THE DAY. That UNDERMINES their attempts to claim this was a pricing error, especially when setting a specific time to order this deal, and listing a specific amount of these items in inventory)) vs "acceptance and processing of order."
I won't do a deep dive, but the Uniform Commercial Code is applicable here.
Just because a vendor sets forth a policy of terms and conditions that purportedly allow it to not honor advertised prices, particularly after there's offer and acceptance (i.e. payment is tendered and confirmation is sent), does not always mean that policy is legal.
I'm not claiming that Home Depot's policy (T&C) regarding price mistakes will or will not allow it to legally be able to cancel this particular order, but the law is more complicated than many people assume, and many retailers have set forth terms and conditions regarding cancellations of orders after acceptance that are not legally binding (this has particularly been the case regarding online orders).
I'm not pulling up the UCC and specific cases based on relevant sections of it (besides, state law often controls even in interstate commerce transactions - a topic for a different time - but will do a layperson's summation that I think fits this situation:
"The Uniform Commercial Code, or UCC, governs sales contracts. The UCC is a uniform act that covers sales and other commercial transactions. The UCC recognizes and will enforce most sales contracts, even when those contracts stem from oral or casual agreements. This is because the UCC is designed to promote commercial transactions, rather than hinder these agreements.
However, note that the UCC isn't law. Instead, it's a guide meant to encourage uniformity in state laws. Because different portions of the UCC have been enacted as law in different states, state laws regarding sales slightly differ. However, the UCC is a good representation of sales law in most states."
"It's generally a myth that retailers must honor a posted price if it's simply a mistake, although some stores might do so as a matter of policy or on a case-by-case basis. The issue gets murky if the retailer begins processing the order, something that is more likely to happen online, says Jane Winn, a professor at the University of Washington Law School. But even then, she says, a merchant might be able to cancel the purchase if the price was so low that a buyer should have known it was mistake. An online retailer's fine print may relieve it of the duty to fulfill orders based on pricing errors."
Here's the scorecard:
It's arguable that purchasers "must have known this was a pricing error," however, "for those of us, such as myself, that just checked and see that their order is between the "order received" and "shipping" status, has the order met the definition of "processed" under state law (and the model UCC rule)?
One might think it's a no-brainer that Home Depot's terms and conditions are legally enforceable in this situation, and many consumers never bother to clarify this and seek legal redress when these things happen, whether by HD or Amazon, but a good attorney/firm can genuinely turn a retailer's terms and conditions regarding the right to cancel orders into mince meat if a formal complaint is filed in the appropriate jurisdiction (assuming that the retailer doesn't honor the price stated after receiving notice that it's terms and conditions aren't applicable in a particular instance).
TL;DR - Situations like this boil down to "must've know it was a price mistake" (Absolutely not the case here as THIS WAS HD'S "DEAL OF THE DAY. That UNDERMINES their attempts to claim this was a pricing error, especially when setting a specific time to order this deal, and listing a specific amount of these items in inventory.as clearances of items often see 85%+ reductions in price and ***this was a "deal of the day") vs "acceptance and processing of order."
If HD can't argue a price mistake for reasons set forth above, whether it has or hasn't processed yet is MOOT.
No cancelation email here and I ordered nearly 2 hours ago.
Just because a vendor sets forth a policy of terms and conditions that purportedly allow it to not honor advertised prices, particularly after there's offer and acceptance (i.e. payment is tendered and confirmation is sent), does not always mean that policy is legal.
I'm not claiming that Home Depot's policy (T&C) regarding price mistakes will or will not allow it to legally be able to cancel this particular order, but the law is more complicated than many people assume, and many retailers have set forth terms and conditions regarding cancellations of orders after acceptance that are not legally binding (this has particularly been the case regarding online orders).
I'm not pulling up the UCC and specific cases based on relevant sections of it (besides, state law often controls even in interstate commerce transactions - a topic for a different time - but will do a layperson's summation that I think fits this situation:
"The Uniform Commercial Code, or UCC, governs sales contracts. The UCC is a uniform act that covers sales and other commercial transactions. The UCC recognizes and will enforce most sales contracts, even when those contracts stem from oral or casual agreements. This is because the UCC is designed to promote commercial transactions, rather than hinder these agreements.
However, note that the UCC isn't law. Instead, it's a guide meant to encourage uniformity in state laws. Because different portions of the UCC have been enacted as law in different states, state laws regarding sales slightly differ. However, the UCC is a good representation of sales law in most states."
"It's generally a myth that retailers must honor a posted price if it's simply a mistake, although some stores might do so as a matter of policy or on a case-by-case basis. The issue gets murky if the retailer begins processing the order, something that is more likely to happen online, says Jane Winn, a professor at the University of Washington Law School. But even then, she says, a merchant might be able to cancel the purchase if the price was so low that a buyer should have known it was mistake. An online retailer's fine print may relieve it of the duty to fulfill orders based on pricing errors."
Here's the scorecard:
It's arguable that purchasers "must have known this was a pricing error," however, "for those of us, such as myself, that just checked and see that their order is between the "order received" and "shipping" status, has the order met the definition of "processed" under state law (and the model UCC rule)?
One might think it's a no-brainer that Home Depot's terms and conditions are legally enforceable in this situation, and many consumers never bother to clarify this and seek legal redress when these things happen, whether by HD or Amazon, but a good attorney/firm can genuinely turn a retailer's terms and conditions regarding the right to cancel orders into mince meat if a formal complaint is filed in the appropriate jurisdiction (assuming that the retailer doesn't honor the price stated after receiving notice that it's terms and conditions aren't applicable in a particular instance0.
TL;DR - Situations like this boil down to "must've know it was a price mistake" (not a given here by the way as clearances of items often see 85%+ reductions in price and this was a "deal of the day") vs "acceptance and processing of order."
No cancelation email here and I ordered nearly 2 hours ago.
That's the foundation for:
"This will ship to store or to your house if you ordered delivery and set up and your order was successfully confirmed prior to OOS. I'm not going to specifically state why I'm so confident, but it's based on a legitimate reason.."
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