Paging John T

If you would I could use some info from ya. And I do understand this is only your opinion per say.
I buy chainsaw chain in 100' reels, I was in need of a few more. I usually deal with a company called Baileys Online outta California, no problems with them ever. Well, it was Cyber Monday and I had the notion to use Google Shopping to see if just maybe I could find a better deal on the chain than what Baileys typically charges. Normally a reel is right at $250. Well, I found a steal. Through Amazon they were selling reels for $0.22! Yes 22 cents for a 100' reel. I double checked a few times! It occured to me that maybe since it was Cyber Monday and the fact the chain was a safety type (has bumper links to help the idiots not cut off their leg) that this was a way of dumping some excess reels. I find that the seller on Amazon is Baileys. OK, so I purchase 9 reels for a cost of $1.98. With shipping it was just under $100. What a steal other than being safety chain. Well a few days later I get a call from Baileys saying they were cancelling the order since it was a mistake. Short and sweet and she tried to hang up. I told her mistake or not that was a legal sale and we could work something out or give me what I ordered for the price I bought it at. So the big question is, was that a legal sale and do they have to uphold that 22 cent price? I have all the emails and documentation with the price. Now, I don't want to stick it to 'em but would like to negotiate a discount on future orders if that price is what they have to sell it to me for. Any advice? Thanks!!

An online purchase is not a binding contract. Even in stores, people can refuse a sale. You could be offered a rain check, it will never fill, but you could be offered one.

Let it go. Legal issues aside (I don't think you have a leg to stand on here, no financial harm was caused), life is too short.

It was probably supposed to be $220.00 See if they will sell them at that price.

You knew it was a typo when you checked two or three times. You said Bailey's was a good firm to deal with before---What about being a good customer now---If a deal seems too good to be true --it usually is gobble

Joe Bob, heres the deal, I can make a pretty good legal argument you should prevail because while "mutual mistake" can be grounds for setting a contract aside, a unilateral (them only) mistake generally isnt BUT SUBJECT TO ALL SORTS OF EXCEPTIONS such as undue hardship, whether you have "clean hands",,, if you acted in good faith,,,your experience and arms length bargaining ,,,,,,,,past purchases record,,,,, blah blah blah blah it takes a book to cover the "exceptions"

Formation of a legally enforceable contract requires (among other things) an OFFER (they offered to sell for x$) on their part,,,,,,,,a comunicated ACCEPTANCE on your part (sure I'll take it),,,,,,a Tender of performance (you send the money),,,,,, NOTE THIS IS NOT COMPLETE OR EXACT I CANT COVER A WHOLE SEMESTER OF CONTRACT LAW HERE.

THEN if all the above is satisfied, theres a whole can of legal worms regarding damages and what relief youre seeking, you want "the benefit of the bargain" i.e. you made the deal, I acted in good faith, now honor the contract and ship the good for the price YOU OFFERED AT WHICH I ACCEPTED BY TENDERING PERFORMANCE (i.e. I sent the money but now you breached the contract)

NOTE as a lawyer I can make all sorts of good arguuments why they should prevail BUT ITS THE COURT WHO DECIDES NO ONE HERE. That being said, I think you have a good case based strictly on Common Law Offer and Acceptance and that it was their Unilateral mistake through no fault of your own. (again another lawyer can argue just the opposite and sound as good or better, thats our job n how we were trained)

MAJOR CAVEAT My arguments are based more on common law but there may well be statutes to protect the seller in these cases and especially in cyber space (it would take research of local and interstate sales law to provide you with any worthwhile opinion) THATS WHAY I ALWAYS ADVICE PEOPLE TO CONSULT LOCAL PROFESSIONAL COUNSEL VERSUS THINGS SAID HERE BY LAY PERSONS OR EVEN TRAINED PROFESSIONALS.

BOTTOM LINE "PRACTICAL AND ECONOMIC ANSWER"

As youre aware, theres likely no way you can justify all the legal expense to offset your losses unless theres a statute by which the loser has to pay your legal fees which I realy really doubt exists (but I havent researched it)

Youre kind of left with laying a little gently threatening Offer and Acceptance and Unilateral Mistake language on them and kickin n screamin in hopes they dont want the bad publicity to such an extent they make a decision its betetr for them n cheaper to just let you have it at that price to get rid of you. The squeaking wheel gets the grease. In similar situations Ive had some success when I write letters on my legal letterhead but thy can also get tossed in the trash. They have attorneys onboard who can chew me up n spit me out lol

Sorry I cant give you the answer youre lookin for, but maybe the above provides some insight, Id still raise all holy H and hope they decide its easier n cheaper and avoid bad PR if they just honor the deal BECAUSE THERES LIKELY NO WAY TO FIGHT THIS AND COME OUT FINANCIALLY AHEAD WIN OR LOOSE GRRRRRRRRRRRRRRR

This is an unresearched and worthless (same as you paid lol) opinion so dont make any major decision based on it

Best wishes n God Bless

John T BSEE, JD The Country Lawyer

Not quite the same deal, but my experience..........'bout 3or 4 years ago Sears offered a Craftsman 17 inch drill press for $179.99......buy on-line/pick up in store. Normally retailed for about 600 bucks. All the woodworking forums had links to the deal. It was an obvious mistake.....supposed to be about $50.00 off regular price. I ordered one and paid with a credit card. Sears said they'd honor the deal 'til they ran out......which took only a few hours. Called all the local stores and they were out of them. Had to go to Memphis (about 50 miles) about a week later; carried my sales receipt, etc just in case. First store I went to, they referred me to the manager; just as nice as he could be, said, "We'll make this right........whatever it takes to satisfy you.........go see what's on the floor." They had the model I'd bought as a display; went back and told him; he 'bout had a conniption........had told several people they didn't have any/couldn't get any. Backed my truck up to the dock and they loaded it up. Sears didn't offer a 17 inch model for about 2 years after that.

I have no intention of sticking it to 'em for the whole difference. Was just hoping I could use this as a means of bargaining a better price on future orders. Basically asking for a discount but I have leverage.

I know going through the courts is ridiculous on such a matter as well as hiring any kind of work. Like ya say, kicking and screaming is all I have and hope for something good.

I agree. Probably meant for the ad to say 22 cents per foot.

I bought 20 heads of cabbage at the grocery store. 50 cents per head. The checkout rang it up at 50 cents per pound. I said that wasn't what the sign said. Two people checked the sign and said I was right. I offered to take it back, then offered to split the diff and they insisted I take it at 50 cents per head. Reason I offered to take it back - I figgered I'd get some part time school kid in trouble for marking the sign wrong.

I like a bargain, but anyone can make an honest mistake.

Paul

In addition to the issues John T. pointed out, there are a couple others-

You said it was on Amazon, and that you "double-checked" a couple times. If your checking included calling Baileys to confirm the price, you're in like Flynn. But I'm just gonna go out on a limb here and bet you didn't, because you knew what they'd say ("22 cents? Are you outta your mind?" [click- hmmmmmmm]). The mistake was obviously Amazon's, not Bailey's, so Bailey will make the argument that your remedy is with Amazon, not Bailey. Good luck taking on Amazon.

Also, you'll have to sue them in California, unless they have a physical (brick and mortar, not just cyber) business presence in Indiana.

I'd just see what kind of deal you can make with them, and let it go at that.

Congratulations for holding them to the deal. I've had a "love/hate" relationship with old Rears and Sawbuck for about 50 years. Or however long ago it was that they "lost" a typewriter I ordered under a similar deal. They finally "found" one.

You have no case. You admit that price was too good to be true, and as such you should have acted accordingly. The only way you have a case is if you relied upon their representation and made a sale or another business contract based on their pricing that you are bound to honor, you could sue them for your loss. As it is, you have no loss.

If you notice all sales are based on availibility, they simply have to say "We have no more available at that price".

Whoa, Whoa!
Better be a binding contract. We, you, I and everybody else, buy a lot of stuff "on line" and there is no way all these purchases are no binding contracts.
Better point is that offer; acceptance and completion as John T pointed out. You walk into a store which offers to sell something below cost and hand the clerk the money--you think they're going to refuse to sell?

Whoa, Whoa!
Better be a binding contract. We, you, I and everybody else, buy a lot of stuff "on line" and there is no way all these purchases are no binding contracts.
Better point is that offer; acceptance and completion as John T pointed out. You walk into a store which offers to sell something below cost and hand the clerk the money--you think they're going to refuse to sell?

Pretty decent analysis, suffering harm based upon justifiable reliance is certainly a sound legal doctrine, his side will argue he lost the benefit of the bargain due to their unilaterl mistake. BUT, if one seeks equity, he must do equity (clean hands doctrine) may bite him. This is all why only a Court can decide (not us here) AFTER having heard the evidence, finding of facts, and applying the law (Statutory and/or Common) of the appropriate jurisdiction) to the facts as found

FUN discussion, prob boring to others though lol

Take care now,

John T

I can just see it in court...Did you really believe the chain you normally paid $250 for was being sold for $.22? I see retractions in the newspaper and flyers all the time for mistakes in ads. I agree it was probably supposed to be $.22/ft. All the seller has to do is say that there was a mistake in the ad and it should have read $.22/ft and they apologize for it. Being that it was such a glaring mistake, makes it even more obvious. If it would have said $200 instead of $222, then you'd have a much better case. If it sounds way too good to be true, it is. You would need an e-mail from the seller or something else in writing to confirm the price was supposed to be just $.22. Otherwise the seller can just say it was an honest mistake. Dave

One last thought, I only covered 3 of the 5 Common Law requirements for a vaild legally enforceable contract as the other 2 arent so much in question.

Offer, Acceptance, Consideration covered below, the other two requirements are Capaciy and Legality. Its mainly Consideration where the poster faces the biggest hurdle. I would argue unilateral mistake is no defense while the company will pound away at the Consideration issue and knowledge and reasonableness and clean hands etc etc. Again, ONLY the Court gets to decide.

PS if the above 5 requirements are met, it can be enforceable regardless if the terms were entered into by US mail or face to face or on line as some reasoned. Every day billions of dollars in contracts are made by electronic means and for years by the US mail and those are obviously enforceable. Im not aware of any statutes that over rule common law because the parties didnt strike the deal face to face, if anyone knows of any such Id sure like to hear about them as I remain curious n never too old to learn..........

John T

Call the Attorney General office in the state that the company is located. They will tell you if the price has to be honored. I know for a fact if the company is located in the state of Ohio they would have to honor the price. It does not matter if it is online or in a brick and mortar store. I do not know about other states.

Dave

The "brick and mortar" comment was as to jurisdiction over the seller to sue him in your home area (obviously its easier to sue where YOU are than where HE is). And I'm not saying the deal is (or isn't) legally enforceable- its a matter of whether its practical to do so.

At least in Washington, if you call the Attorney General with such a question, they'll just tell you to consult your attorney. Most legal types are very reluctant to give off-hand opinions over the phone, when they don't know all the facts. Same should apply to John T and myself, but we both just like to run off at the mouth, knowing our liability for wrong opinions is limited to the amount you guys are paying us for them.

Fun is mainly the goal here as I am smart enough to know that it would cost way more than I lost... or didn't lose depending on how you look at it.

That's what I am trying to do. Even if I could hold them to the 22 cent price I wouldn't. I was hoping I had a leg to stand on with negotiating future discounts. I do have to sleep at night but if I can get away with something like this I will... gotta do what ya can to keep your head above water nowadays.

GordoSD, I agree, we appear to be on the same page... See if the next nine rolls can be purchased for $220 each... That would still be a savings of $270 on nine rolls... Not too bad.

It was a mistake and a reasonable person should have known it was a mistake , they can cancel the sale. Not an attorney but I know a little about a lot.

If you make an honest mistake do you want folks to take advantage of you? Guess I would like a little understanding if I made that gross an error.
Remember it was so gross you knew it was to good to be true.
As ol Red Green says so often "we are all in this together!"

Ya know, you might have gotten a deal if you hadn't been greedy. Did you really think they were going to just give you two thousand dollars worth of chain? And do really need 900 feet of chain right now? No. You just thought you'd make a quick buck at their expense by getting their chain for free and then selling it yourself.

Next time don't be such a pig. If you had stopped at one spool, they just might have let it go.

Ever read the book or see the movie ,"A Christmas Carol" ? He wore the chains he forged in life. You won't be able to walk carrying 900 feet of chainsaw chain. The lady did you a favor cancelling your order.

Somehow, "Golden Rule" and "Kharma" both came to mind, reading about this error .. As a businessperson, I have missed a decimal point a few times, and was sure glad that no one jumped in to force me to honor my mistakes.. And as far as generating Bad Kharma. I would not want to mix Bad Kharma with a chain saw..