There may be a technical difference, but it is still a matter of false and misleading advertising. I don't believe they're free to withdraw from the advert at any time. Until they correct it and likely have posted the correction, acknowledging the error (speaking of paper ads), they're still bound by the advertisment.
The inaccuracy may have been unintentional, but is nevertheless false. Once a business finds that they've advertised inaccurately, the time to make the correction is NOT on the sales transaction where the discrepancy came to light before the sale is made, but BEFORE the NEXT transaction occurs on that item. In this fellow's case, if he has a receipt that reads 'PAIR' and B&H ships him a 'SINGLE SPKR', B&H is clearly in the wrong and did not honor their ad OR their contract, A couple of excerpts from NY/NYC statues and Departement of Consumer Affairs publications. Someone else could probably zero in better. S 350-a. False advertising. 1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. Businesses are prohibited from making any false or misleading claims in selling, or offering to sell, consumer goods and services. This applies to both oral and written representations, including all sales and discount claims and advertisements. Any PRICE QUOTED in an ad must match the actual purchase price. I suspect B&H is required to meet the terms of the advertisement, by law, and that they fully understood that, as much as they regretted the mistake. Tom C. On Fri, Jan 29, 2010 at 8:14 AM, mike wilson <[email protected]> wrote: > > ---- Tom C <[email protected]> wrote: >> Yes I'd expect them to sell it to me at that price. There was an >> instance I read of several years back where Dell's online site had, I >> believe, Canon EOS 5D's improperly advertised at a substantially lower >> price. From what I recall, they sold the completed orders at the >> advertised price > > The completed order is a contract. The advert is an offer, which they are > free to withdraw at any time. > >> >> On Fri, Jan 29, 2010 at 12:22 AM, John Francis <[email protected]> wrote: >> > On Fri, Jan 29, 2010 at 01:01:06AM -0500, Igor Roshchin wrote: >> >> >> >> >> >> Pretty much the same way as many PDMLers, I've been considering >> >> B&H as a reliable vendor. I've bought a bunch of euqipment from them, >> >> and except for the fact that they wouldn't ship a $40 reflector to >> >> the hotel or to the FedEx office, I had no problem. >> >> >> >> So, I was surprised to read the response from Henry Posner >> >> (whom I rembember when he was responding to complaints on Usenet - >> >> in rec.photo.equipment.35mm back in mid-90s) >> >> to a message from an unfortunate buyer Polymistis (1/26/10, 9:47am) >> >> http://www.resellerratings.com/seller1914-p1-s2-d1.html#reviews >> >> >> >> I am totally surprised why he thinks "I also note our website says, >> >> "Prices, specifications, and images are subject to change without >> >> notice." is an excuse for changing the price (or the item sold) >> >> after the sale has happened. >> >> Well, yes, they made a mistake. I can understand that they don't want >> >> to sell the product at 1/2 price. But then they sholud apologize for >> >> it profusely - why do they blame the buyer for it? >> > >> > What's the big deal? >> > >> > If an update to their web site accidentally listed a K-7 at the K-x >> > sale price would you expect them to sell you one for that? Really? >> > >> > I'm with Henry on that one - the price was obviously an error. >> > >> > >> >> On a different subject, - I am rather annoyed by the recent thing >> >> that B&H (and a few other resellers, including Adorama, Buydig, >> >> Amazon, etc.) started doing when they do not show the price on their >> >> website until you add the item to the shopping cart. >> >> Some of them say that it dictated by the manufacturer not allowing >> >> them to display low prices. I am not sure if that's all true, - but >> >> that sounds like a bunch of bologna. >> >> Does anybody know if there is any substantial reason behind that game? >> > >> > Yes. The sale price is below what they have agreed with Pentax as the >> > "lowest advertised price", so they don't show it on an open web page. >> > >> > >> > -- >> > PDML Pentax-Discuss Mail List >> > [email protected] >> > http://pdml.net/mailman/listinfo/pdml_pdml.net >> > to UNSUBSCRIBE from the PDML, please visit the link directly above and >> > follow the directions. >> > >> >> -- >> PDML Pentax-Discuss Mail List >> [email protected] >> http://pdml.net/mailman/listinfo/pdml_pdml.net >> to UNSUBSCRIBE from the PDML, please visit the link directly above and >> follow the directions. > > > -- > PDML Pentax-Discuss Mail List > [email protected] > http://pdml.net/mailman/listinfo/pdml_pdml.net > to UNSUBSCRIBE from the PDML, please visit the link directly above and follow > the directions. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
