TaylorMade r9 TP Iron Set

[J.Gale]

What is the name of your state (only U.S. law)? Ohio

Sunday afternoon, a buddy of mine was surfing the internet and found an incredible deal on the above listed set of TaylorMade irons. Knowing that I am a golf enthusiast, he called me and told me about the offer. This led me to hop on my computer and order the set as well. I placed the order for the set for $112.50 when the set would normally retail around $900. Just like a child on Christmas Eve, I was so excited all evening and the next day as I went to work. While at work, the same buddy who introduced me to the offer emailed me and said that there was a blog that people were upset and saying that the offer would not be honored. The retailer, The Golf Warehouse, was selling these clubs through a third party, Amazon, and claimed that Amazon had messed with their listed price which caused the pricing error on the set. I went on to find out that 6,000 orders were placed in the 20+ hours that this offer was available on the internet, and that the company would not honor any of the offers because "it was a mistake." What type of rights do we have as consumers in a situation like this? The company(ies) made an offer, and we as consumers accepted that offer and paid in order to receive the merchandise. Does the retailer have the right to cancel all orders and back out on the 6,000 orders placed at the discounted price? Immediately when they send the cancellation emails, they said we were able to go in and buy the clubs at the current listed price of $899. This seems like a classic bait and switch maneuver...

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio

Sunday afternoon, a buddy of mine was surfing the internet and found an incredible deal on the above listed set of TaylorMade irons. Knowing that I am a golf enthusiast, he called me and told me about the offer. This led me to hop on my computer and order the set as well. I placed the order for the set for $112.50 when the set would normally retail around $900. Just like a child on Christmas Eve, I was so excited all evening and the next day as I went to work. While at work, the same buddy who introduced me to the offer emailed me and said that there was a blog that people were upset and saying that the offer would not be honored. The retailer, The Golf Warehouse, was selling these clubs through a third party, Amazon, and claimed that Amazon had messed with their listed price which caused the pricing error on the set. I went on to find out that 6,000 orders were placed in the 20+ hours that this offer was available on the internet, and that the company would not honor any of the offers because "it was a mistake." What type of rights do we have as consumers in a situation like this? The company(ies) made an offer, and we as consumers accepted that offer and paid in order to receive the merchandise. Does the retailer have the right to cancel all orders and back out on the 6,000 orders placed at the discounted price? Immediately when they send the cancellation emails, they said we were able to go in and buy the clubs at the current listed price of $899. This seems like a classic bait and switch maneuver...

It's a mistake. You don't get a windfall from this.

 

[Mass_Shyster]

Although you appear to have a valid offer and acceptance (two of the primary elements required for the formation of an enforceable contract), there was no "meeting of the minds". The seller never intended to sell those clubs at that price.

You can sue, but the likely remedy will be rescission. Rescission is where you are put back into the pre-contract position.

That is exactly where you are now, so a lawsuit would be pointless.

 

[J.Gale]

This is why I ask...

This is why I brought this up... One of the 6,000 other disappointed customers brought up this part of the Amazon seller agreement.

Amazon Seller Participation Agreement:

8. Your Transactions

a. For sales where a Seller lists goods at a fixed
price ("fixed price sales"), the Seller is obligated to sell the goods
...at the listed price to Buyers who meet the Seller's terms. By listing an
item in a fixed price sale, you represent and warrant to prospective
Buyers that you have the right and ability to sell, and that the listing
is accurate, current, and complete and is not misleading or otherwise
deceptive.
b. For fixed price sales, Seller will determine the
purchase price for each item he or she lists on the Site via and subject
to Amazon.com's standard functionality for listing the purchase price,
provided that Seller must abide by the same procedures and guidelines
contained in the Help section with respect to pricing.

9. Your Obligation.

By entering into this Participation Agreement and posting a listing for
fixed price sale, you agree to complete the transaction as described by
... this Participation Agreement. You acknowledge that by not fulfilling
these obligations, your action or inaction may be legally actionable.

 

[Mass_Shyster]

action or inaction may be legally actionable.

This is the agreement between the seller and amazon. You are not a party to this agreement, so have no standing to enforce it.

Amazon can choose to enforce the agreement or not. Since I doubt the seller can absorb a $4.7 million loss, I suspect the agreement will not be enforced. The worst that can happen is that amazon boots them as sellers.

 

[Zigner]

This is why I brought this up... One of the 6,000 other disappointed customers brought up this part of the Amazon seller agreement.

Amazon Seller Participation Agreement:

8. Your Transactions

a. For sales where a Seller lists goods at a fixed
price ("fixed price sales"), the Seller is obligated to sell the goods
...at the listed price to Buyers who meet the Seller's terms. By listing an
item in a fixed price sale, you represent and warrant to prospective
Buyers that you have the right and ability to sell, and that the listing
is accurate, current, and complete and is not misleading or otherwise
deceptive.
b. For fixed price sales, Seller will determine the
purchase price for each item he or she lists on the Site via and subject
to Amazon.com's standard functionality for listing the purchase price,
provided that Seller must abide by the same procedures and guidelines
contained in the Help section with respect to pricing.

9. Your Obligation.

By entering into this Participation Agreement and posting a listing for
fixed price sale, you agree to complete the transaction as described by
... this Participation Agreement. You acknowledge that by not fulfilling
these obligations, your action or inaction may be legally actionable.

That means nothing for YOU - you are not a party to that agreement.

ETA: which is exactly what Steve said above...

 

[J.Gale]

Ok... yeah, a lot of people were complaining about that exact point. This offer instantly sent The Golf Warehouse to number one on Amazon's top sellers list gaining them a ton of free marketing/publicity. I guess that is why many of the customers feel slighted and are upset, but it looks like we don't have a leg to stand on other than the goodness of the suppliers hearts... which I would guess doesn't amount to $4.7 million

Many were also throwing out the recent transaction that Zappos.com had to deal with where they honored the pricing error to a loss of $1.6 million, but this deal would likely triple that loss. Not that Amazon or TGW couldn't make that up quickly, but it sounds like we're SOL.

 

[Zigner]

Ok... yeah, a lot of people were complaining about that exact point. This offer instantly sent The Golf Warehouse to number one on Amazon's top sellers list gaining them a ton of free marketing/publicity. I guess that is why many of the customers feel slighted and are upset, but it looks like we don't have a leg to stand on other than the goodness of the suppliers hearts... which I would guess doesn't amount to $4.7 million

Many were also throwing out the recent transaction that Zappos.com had to deal with where they honored the pricing error to a loss of $1.6 million, but this deal would likely triple that loss. Not that Amazon or TGW couldn't make that up quickly, but it sounds like we're SOL.

They didn't "have to" honor the pricing...

 

[tranquility]

I agree there was no meeting of the minds and advertising errors are not enforced, but, I disagree that the OP would have no standing under the contract between Amazon and the seller.

Third party beneficiary theory seems like it would fit just fine. Buyers rely on the fact that a seller will do what that contract says. It seems they are more than an incidental beneficiary about what the meaning of fixed price auctions are.

 

[seniorjudge]

While I agree with tranq, I have to point out that our poster says that the seller alleges that Amazon made the mistake.

Since the seller had no control over the posting on the site (as far as I know), then the poster and everyone else is sol.

If the clubs normally sold at $100 and were mistakenly advertised for $90, they may have a case.

If they were mistakenly advertised to $10, then no.