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Price switching, laws in California re: price changing at checkout-Inet buy gone bad

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Seamaiden

Junior Member
Greetings, I am in California.

June 7 2006 I purchased online what I believed to be 2 mops of the "deluxe" model of the sweepnmop mop, along with 6 mopheads that were shown online to be $2.95ea p+h. Upon trying to sort out how many mopheads I was actually ordering (an order quantity of 1 = 6 mopheads, even though the site states that you pay $2.95ea when you buy 3) I was told that the actual shipping price was supposed to be $3.95ea for the mopheads. The mops were supposed to be $29.98 for 2 + $7.95ea p+h. The website's ordering was confusing, especially in regards to the number of items ordered, which is why I called customer service when in the process. I was told that I was ordering the 2 mops for $29.95 + $7.95ea p+h, as well as the 6 mopheads for $3.95ea p+h, despite my protests that the site clearly showed them as $2.95ea p+h. I informed the CS rep that they could not charge a price different from what the company showed online, and I expected to pay the published price.

As soon as the order processed it showed a total of $119.81, with a shipping total of $55.50. As soon as I saw that I called customer service at their 800 # to explain that this total was wrong and that I wanted to cancel the order IMMEDIATELY, and was informed that nothing could be done until CS could "see" the order in their system. At that time I was also told that the charge for p+h of the mopheads was actually $3.85, not $2.95 or $3.95 - these are three different prices, one from the website and two from CS reps accessed via the same 800#. I was also informed that I should call back in 24 hours, which was when the order would be viewable by CS, but that even with an order # no notes or any other action could be taken on their part at that time to prevent the order from shipping out and my account being charged the improper amount.

I also called my bank and explained what the problem was, asking to cancel payment and was told that it couldn't be canceled until the charge showed on my account. I have screenshots of all except what I saw at that time during the actual order process, however, I also now have a screenshot of the order page showing the difference between the quantity of two regular mops and the deluxe mops.

I called first thing the next day (before 24 hours) and was then told that nothing could be done to cancel the order, as it had already been processed and shipped out. I explained that I wanted to cancel the order, and was told that the best thing I could do was wait for the mops and heads to arrive (in 4-6 weeks), and return the package unopened for a full refund.

I then again called my bank and explained again what happened, and was told that I could not have the charge held or canceled because I had given my debit card number (I have made many, many purchases online over the years and have had a grand total of two problems, both times my money was refunded in full) and that this would not qualify as fraud, despite the differences in charges shown on the site and the actual order total. My reasoning is/was that if I can write a check and cancel that for $20-$30, why can I not cancel a debit card payment? However, that is an argument for me and my bank, not here.

At that point I also emailed Sweepnmop's customer service explaining the problem, the issues I have with their ordering process and price differences on product depending on what you're looking and/or to whom you're speaking with, and that I intended to follow up should I not receive the full refund as promised. I received an apologetic reply back reiterating to return the package unopened and that when it was received I would get my refund.

I received the package and wrote "REFUSED" on it as instructed by the post office employee and the CS rep at Sweepnmop. I have been waiting since then (June 14) to receive my refund, and yesterday received a partial refund in the amount of $62.22, NOT the $119.81 I was actually charged and promised to be refunded. As I recollect, there is a law in California regarding any differences between price marked at point of purchase - in this case the first page of the website and subsequent hyperlinks - and that charged upon checkout. As far as I know, there is a fine related to each instance of such. I came upon this knowledge as a manager for a retail store here in the state back in 2002, and as such was warned to watch closely marked prices and register charges.

My questions are:
Is this state law (if I should be able to find it) applicable to an Internet transaction that has taken place in the state?
Is there a similar federal law?
Are there any agencies, state, federal, or otherwise (that have "teeth") who might oversee issues such as this?

The website http://www.sweepnmop.com/ (watch out for the video) has finally changed the amount charged for p+h of the mopheads, however, it appears that the ordering process, and specifically how one determines the actual quantity of items ordered, have not changed.

Any and all advice is very welcome.

Cheers,

MarinaWhat is the name of your state? I already told you, it's California!
 



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