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Taxing Matters

Overtaxed Member
As of right now, the listing is still there. Surely this is a case of false advertising. What can be done to either get them to honor the price or remove the listing?
You cannot force the company to remove the listing. You likely cannot sue for the company to honor the price (which would be an action for specific performance) but you might be able to sue for damages. In this case you'd buy the item from the next cheapest source (known as cover) and then sue for the difference between what you had to pay for the item and what the Walmart vendor contracted to sell them to you for. But if you can find the same item elsewhere for the same price then there is nothing for which to use. And note that you need to read the contract carefully; it may have terms in it that would kill this idea. Finally, you may find it costs you more to sue than what you win. In the end, in this situation given the price involved, I would say it's not worth suing over since you got your money back.

Since your money was refunded, you have no damages.
In contract law, that's not always true. The disappointed buyer often can sue for expectancy damages when a seller refuses to sell at the favorable contract price that was agreed upon.
 

HighwayMan

Super Secret Senior Member
All in all I feel pretty silly right now for even thinking that ceiling fan blades could be made out of glass.
Don't feel too bad - I never even heard of a "ceiling fan shade" and have no idea what it could be. Don't tell me - if I'm that interested I can look it up.
 

quincy

Senior Member
I provided a link to the ad. There is contact information provided for both Walmart and for the vendor who sells and ships the item online for Walmart.

I think whoever was originally contacted at the company simply made a mistake when saying each shade was priced at $24.39. The Westinghouse shades sell anywhere from $3.50 to $5 per shade, depending on the retailer.

It is possible that the 6-shade sets sold online were sold out (it shows “only 3 available” in the ad) but the vendor also has many less-than-glowing reviews when it comes to satisfying orders.

A complaint to Walmart might result in Walmart changing vendors. But the money has been refunded and the ad itself does not seem to be false and the glass shades are widely available elsewhere.
 

Taxing Matters

Overtaxed Member
I think whoever was originally contacted at the company simply made a mistake when saying each shade was priced at $24.39. The Westinghouse shades sell anywhere from $3.50 to $5 per shade, depending on the retailer....But the money has been refunded and the ad itself does not seem to be false and the glass shades are widely available elsewhere.
Just to clarify for the OP, under the circumstances you described above there would be no breach of contract action or any consumer protection remedy either. The vendor simply lost a sale and the OP is not out anything as a result.
 

Zigner

Senior Member, Non-Attorney
https://help.walmart.com/app/answers/detail/a_id/8#8

B. Pricing Information; Availability

Walmart cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Walmart Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Walmart reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Walmart. Walmart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Walmart Sites or from prices available in Walmart stores or on Walmart Apps.
 
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not2cleverRed

Obvious Observer
Thank you for explaining your missing post.

Here is a link to the glass ceiling fan shades Walmart ad:
https://www.walmart.com/ip/Westinghouse-Lighting-2-25-Ceiling-Fan-Filter-Frosted-Etched-Grape-Shade-Set-of-6/28499171

There is a “report incorrect product information or prohibited items” feature on the page.

Again, it appears to be a vendor error.
There is also a "review" section. However, no one has reviewed the item.

It would be interesting to see what the reaction would be in the Q&A section.
 

quincy

Senior Member
There is also a "review" section. However, no one has reviewed the item.

It would be interesting to see what the reaction would be in the Q&A section.
I read through the seller/shipper reviews as a whole and, while not as horrible as reviews tend to be for legal forums :), the company has a few disgruntled customers.

One of our rental houses has those same glass shades throughout the house. They are used for single wall fixtures, though, and not a ceiling fan.
 

Critical Mass

Junior Member
Thank you for explaining your missing post.

Here is a link to the glass ceiling fan shades Walmart ad:
https://www.walmart.com/ip/Westinghouse-Lighting-2-25-Ceiling-Fan-Filter-Frosted-Etched-Grape-Shade-Set-of-6/28499171

There is a “report incorrect product information or prohibited items” feature on the page.

Again, it appears to be a vendor error.
Thank you for your answer, but the point is they KNOW it's an error. The outside vendor is refusing to honor the price, and say it's Walmart's error. I have forwarded all the emails with the Vendor to Walmart (at their request) which prove it's an error, and have numerous emails with the rep from Walmart who assures me it will be fixed, but it never is. He also tells me that he can't honor the price.

So in this case, Walmart is intentionally and knowingly advertising an item on their site that they KNOW is incorrect, as I have pointed out to them weeks ago. I know they don't have to honor the price if it's an error, but why can't they be forced to remove the listing?

Part of me wants to whip out my credit card and order 20 them just to teach them a lesson.
 

quincy

Senior Member
Thank you for your answer, but the point is they KNOW it's an error. The outside vendor is refusing to honor the price, and say it's Walmart's error. I have forwarded all the emails with the Vendor to Walmart (at their request) which prove it's an error, and have numerous emails with the rep from Walmart who assures me it will be fixed, but it never is. He also tells me that he can't honor the price.

So in this case, Walmart is intentionally and knowingly advertising an item on their site that they KNOW is incorrect, as I have pointed out to them weeks ago. I know they don't have to honor the price if it's an error, but why can't they be forced to remove the listing?

Part of me wants to whip out my credit card and order 20 them just to teach them a lesson.
The price is not an error. The vendor is not honoring the price advertised, however, for some reason. Your complaint would be with the lighting supply company and not Walmart.
 

Critical Mass

Junior Member
The price is not an error. The vendor is not honoring the price advertised, however, for some reason. Your complaint would be with the lighting supply company and not Walmart.
Well then what could be done about THEM? Someone needs to fix this.

Again, I'm not looking to sue, I'm not looking for damages. I merely want someone to honor the advertised price, or fix the listing, and nobody is doing either.

Here's the Vendor's website confirming THEIR price: https://lightingsupplygroup.com/products/westinghouse-8128200-2-1-4-inch-frosted-etched-grape-design-crimp-glass-shade?_pos=1&_sid=a403f9d63&_ss=r

I know they are selling it for much higher than other places, but that's their right. They can sell whatever they want for whatever they want. But isn't Walmart ultimately responsible to fix/remove it? If you get pulled over, and the cop finds a gun in your car, it doesn't matter that it's not your gun. If they are aware there's an error in the listing and refuse to fix it, that's just unacceptable.
 

quincy

Senior Member
Well then what could be done about THEM? Someone needs to fix this.

Again, I'm not looking to sue, I'm not looking for damages. I merely want someone to honor the advertised price, or fix the listing, and nobody is doing either.

Here's the Vendor's website confirming THEIR price: https://lightingsupplygroup.com/products/westinghouse-8128200-2-1-4-inch-frosted-etched-grape-design-crimp-glass-shade?_pos=1&_sid=a403f9d63&_ss=r

I know they are selling it for much higher than other places, but that's their right. They can sell whatever they want for whatever they want. But isn't Walmart ultimately responsible to fix/remove it? If you get pulled over, and the cop finds a gun in your car, it doesn't matter that it's not your gun. If they are aware there's an error in the listing and refuse to fix it, that's just unacceptable.
You can file complaints.

Eventually Walmart might take notice and go with a different vendor.

In the meantime, you can purchase the glass fan shades elsewhere with the money that was refunded - and you possibly could save a few dollars by doing so.
 

Taxing Matters

Overtaxed Member
I know they don't have to honor the price if it's an error, but why can't they be forced to remove the listing?
Other than complaining to Walmart there is nothing you can do to force the listing to be removed. That's between Walmart and the vendor. The vendor has done nothing illegal and given the circumstances has done nothing for which you could successfully sue. Some businesses are just bad at what they do. That's not illegal. What happens to those businesses is that they eventually fail because customers realize they suck. I suggest you jsut forget about this vendor and move on. It's already taken more of your time than the vendor deserves.
 

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