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VIC Online Order Incorrectly Advertised - Legal Under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Summer71, 17 December 2015.

  1. Summer71

    Summer71 Member

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    Hi,

    I recently purchased a quilt set advertised online. This was paid in full and I have received delivery.
    I found that the set was advertised with a "What's in the box" list including quilt cover, 2 pillowcases and 2 cushions.

    The cushions weren't included in the delivery. When I queried this, the retailer said it was an error on their website and shouldn't have been advertised as such. I replied that they should fulfil what was advertised, but again was told no as they "would be at a loss". She offered to send the cushions free of charge if I wanted to pay for them or I could return my purchase.

    Is this legal under Australian Consumer Law? The website has now been updated to remove the cushions in the set.

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Summer71,

    Generally stores aren't obliged to honour advertised pricing or descriptions where it is clearly a mistake but will be obliged to refund the contract at the will of the purchaser.

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

    Look at the website's terms and conditions of sale and see what it says about incorrectly priced products in online transactions. There may be some term which states their rights in a situation where they have advertised the wrong price or the wrong description.

    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 item as described.
     
  3. Summer71

    Summer71 Member

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    Thanks, Sophea. Appreciate your help.

    I checked the retailer's website and there is no mention of incorrectly priced products in their Terms and Conditions. The offer was listed on all bedding quilt sizes (single, double, queen, king) and was also offered the same on eBay.

    I'm not sure how to determine whether it was a legitimate error (clearly a mistake??) or it seems to be more of an issue where they changed their mind on the offer. But nonetheless, it as advertised with inclusions, then the retailer has changed after we queried the order.

    I checked out the article you linked and I'm still a bit unsure where we stand on this one. Do you suggest it's worth pursuing with the retailer once more or it's within their right to remove the inclusions (after we paid/ordered)?

    Thanks again
     
  4. Sophea

    Sophea Well-Known Member

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    Hi Summer71,

    I think the best that you can hope for is to cancel the contract and get a refund. I very much doubt that you have any grounds to try to enforce the contract and have them provide you with the pillows as mistakenly advertised. If they immediately changed their advertisement on their website then it would appear it was a legitimate error. Decide whether you want the bedding minus the pillows or whether you don't it at all.
     
  5. Summer71

    Summer71 Member

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    Thanks Sophea!
     

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