Must I honor this sale?

[gkisystems]

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

I sell items online on Amazon's website and I made an error on how I listed a product for sale. I listed for sale several pallet loads full of ink pens when in reality I was only selling pens by the case, not by the pallet. One pallet of pens is 40 cases. It was an honest mistake on my part.

A customer ordered 3. I thought he was ordering 3 cases (because that's how I thought I listed it) and I shipped him 3 cases, but now the customer is upset and he wants me to ship the other 117 cases. I told the customer that he can mail me back the 3 cases and I'll pay for return shipping and give him a full refund, but he doesn't want to return anything or get a refund. He wants the other 117 cases because he is adamant that he ordered and paid for 3 pallets, not 3 cases. While he's technically right in that the product listing did say pallets, he should've known that based on the price I was charging it was only for 3 cases, not 3 pallets.

Can I tell the customer to go pound sand because it was an honest mistake and it's not my problem? Does he have any recourse to actually sue me and force me to send him 117 cases? If he did, would he win or would I win? If I have to send him more pens, it would be about $35,000 worth.

 

[xylene]

I think you need to involve a lawyer and look at your business liability here.

Will Amazon pull you? Is THAT worth 35,000 dollars

Also, you need to talk to an insurance agent SOOO bad. What this calls for is E&O (Errors and Omissions) insurance. If you have that, you should talk to them. If you have a business policy - talk to them. If you don't... you should and should have E&O. Because everyone make mistakes.

 

[gkisystems]

I don't think Amazon would yank my account just for one little oopsy. The insurance thing is a good idea. I don't have any right now, but it's something to consider.

So, given that I don't have insurance. Aside from talking to a lawyer, do you think this guy has any legal legs to stand on to make me send him the product? I'm mean come'on....the courts won't actually enforce that stuff, right?

 

[quincy]

I don't think Amazon would yank my account just for one little oopsy. The insurance thing is a good idea. I don't have any right now, but it's something to consider.

So, given that I don't have insurance. Aside from talking to a lawyer, do you think this guy has any legal legs to stand on to make me send him the product? I'm mean come'on....the courts won't actually enforce that stuff, right?

The courts could potentially enforce the sales agreement. For that reason, it is probably best not to tell your customer to "pound sand." You want to remain friendly or, at the very least, civil with the customer, this to better your chances of settling the dispute with the customer outside a courtroom.

And it was your mistake, afterall, that created the problem. The customer has the right to be upset.

That said, it is possible (probable?) that the agreement to sell the pens to the customer in the advertised amount at the advertised price is voidable due to the "honest" mistake. This is more likely if your customer knew or should have known there was likely a mistake in the advertisement. Enforcing the agreement as it stands now could be considered unconscionable.

Facts really matter, though, and you apparently have $35,000 at risk. Investing in an attorney to review the facts and to help you protect the $35,000 seems smart. It is what I recommend you do.

 

[xylene]

They've closed accounts over suspicions about your IP address.

Yeah, they sure might close an account over a $35,000 "oopsy" (they'd call that a legitimate customer dispute)

 

[LdiJ]

I don't think Amazon would yank my account just for one little oopsy. The insurance thing is a good idea. I don't have any right now, but it's something to consider.

So, given that I don't have insurance. Aside from talking to a lawyer, do you think this guy has any legal legs to stand on to make me send him the product? I'm mean come'on....the courts won't actually enforce that stuff, right?

I think that you should consider offering to refund the customer's money and let him keep the pens you already shipped. Yes, you will be out some money but it will make him less likely to sue you.

 

[Just Blue]

I think that you should consider offering to refund the customer's money and let him keep the pens you already shipped. Yes, you will be out some money but it will make him less likely to sue you.

Exactly what I thought when first reading this thread!!