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VIC Australian Consumer Law - Should JB Hi Fi Honour My Online Transaction?

Discussion in 'Australian Consumer Law Forum' started by Oll43, 8 December 2015.

  1. Oll43

    Oll43 Member

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    Now I am a pretty big gamer, and last night I was alerted by the website ozbargains that JB Hi Fi had some PlayStation 3 and Xbox 360 games on sale for $1 on their online store, so naturally I jumped at the chance and purchased a few, with the transaction being confirmed a little while later. However about an hour ago, I got an email informing me that my transaction (at least, the games that cost $1. I purchased two games that were $5 and $20 and the $20 one has been shipped) had been cancelled and they were refunding me the money as well as a 10% discount coupon or whatever. I had a sneaking suspicion that it was a pricing error in the first place and it certainly was (apparently they were clearing stock in physical stores and the discount accidentally got applied to the games on the online store, which I feel reveals duplicitous business practices anyway), but I still believe that they should honour it, considering that I have given them my money.

    What I want to know is, do they have a legal right to do this under Australian Consumer Law? I read the section on this website in regards to pricing errors (had a little difficulty finding anything on the ACCC website about this issue specifically), and it said that yes, the merchant does have the right to correct a pricing error before a transaction is complete, but they don't once the transaction, and in turn contract, has been completed.

    I have a feeling this is more to do with physical purchases, but does it apply to online purchases and pricing errors on their online stores?

    Now I have been refunded the money, but I am thinking about fighting this and wondering whether or not it's worth it? I do not want my money back, I do not want a discount coupon, I just want my games that I have purchased for the price that they were advertised.

    Thank you for your time.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi @Oll43,

    Check out this article: Australian Consumer Law Rights – Incorrect Pricing - Legal Blog - LawAnswers.com.au

    As it outlines, you should first check JB Hifi's website terms and conditions and see what it says about incorrectly priced products in online transactions. There may be some term which states that they have the right to rescind any online transactions which are put through at the incorrect price.

    Generally, there will not be any misleading or deceptive conduct on the part of the retailer unless you can show a deliberate intention to deceive the customer into purchasing the heavily discounted items while having no intention to ever sell them that product in the first place.
     

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