HP covering their a$$ on pricing errors

[ivwshane]

Originally posted by: przero
Do any of you "forum attorneys" with your degrees from County High School realize how hard iit is to tkae them to FEDERAL court? Right! I sure hope in the future, people don't hold you losers to the same "high" standard to which you hold retailers. A price mistake is just that a mistake! If they let you have it at that price, it's nice of them. You do not deserve it. GROW UP! Some days I am ashamed I read this forum!

Ouch!!

 

[Finalnight]

Originally posted by: przero
Do any of you "forum attorneys" with your degrees from County High School realize how hard iit is to tkae them to FEDERAL court? Right! I sure hope in the future, people don't hold you losers to the same "high" standard to which you hold retailers. A price mistake is just that a mistake! If they let you have it at that price, it's nice of them. You do not deserve it. GROW UP! Some days I am ashamed I read this forum!

sad

 

[hans007]

Originally posted by: przero
Do any of you "forum attorneys" with your degrees from County High School realize how hard iit is to tkae them to FEDERAL court? Right! I sure hope in the future, people don't hold you losers to the same "high" standard to which you hold retailers. A price mistake is just that a mistake! If they let you have it at that price, it's nice of them. You do not deserve it. GROW UP! Some days I am ashamed I read this forum!

i agree. its a price mistake. even you guys know it, and you still buy the thing. grow up. if you get it, ok thats great. if not, stop whining.

i seriously believe that you price mistake oppurtunists are the people HP least wants to do business with anyways. you can whine all you want most honest people could care less about the new TOS since they arent gonna be buying clear price mistake products.


the hot deal crowd is realy not the people any company wants in their store. you guys all waste their time, bugging managers and only buy loss leaders. why would they go out of their way to please you , the worst group of customers on earth

 

[lepper boy]

Originally posted by: azncarjunkie
It's simple. Determine what your hourly salary/wage is. Count the number of hours that it took for you to think about ordering, the time it took to order, the time necessary to read their emails, the time necessary to determine the effort that it would take to send the item back.

Then multiply to determine how much to bill HP for sending the item back.

"Hi, Thank you for inquiring about the item that you 'inadvertantly shipped'. If you would like this product returned, please credit me the amount of $XXXXX. Thank you."

That's one of the better ideas I've heard all night!!

 

[JPSJPS]

Originally posted by: przero
Do any of you "forum attorneys" with your degrees from County High School realize how hard iit is to tkae them to FEDERAL court? Right! I sure hope in the future, people don't hold you losers to the same "high" standard to which you hold retailers. A price mistake is just that a mistake! If they let you have it at that price, it's nice of them. You do not deserve it. GROW UP! Some days I am ashamed I read this forum!

YES!!!!!
Lots of wannabe legal "experts" here telling what the law is when they don't have a clue!
Any half mature fair person knows what to do in this situation. Of course there are some here that think the world owes them parts for nothing so they whine when this does not come through.

 

[ScrapSilicon]

padlock this plz tia

 

[ivwshane]

Just to clear myself, I wasn't complaining about not getting in on the deal but rather what happened after the fact

 

[Winchester]

They have no legal grounds for doing this, and yes, I have a law background, and I have asked soon to be graduating law studnents, who said that once they set a price or make an offer for sale, and you agree to buy the item at that price and they accept the money, there has been a transfer, and therefore a binding contract has taken place. They CAN NOT do this.

BTW: what if you've already eBay'ed the item.

 

[Lurker1]

Whine whine whine, and whining about the whiners.

Yeesh.

Look, if store A prices something at price X, you pay price X, and they transfer it to you, that's the end of story. They can prevent you from ever buying from them again, but that's about the extent of what they can do.

Anything prior to the transfer can be interrupted for any number of reasons. I once years ago attempted to order a mistakenly priced memory stick for $0.78 that should have been $78. They canceled my order for 20 sticks. Was I surprised? No. However, they did me the courtesy of sending me an email explaining the situation and apologizing for their error. Also, they never charged my CC. Now, if they charge your CC, you may have a leg to stand on in court. However, you'd have to go to court, and in 99.999% of the cases it's not worth it. You can also state what happened on the web. Some companies still do not appreciate the impact of bad press. Other companies can ignore it, as they're big enough to weather what to them is inconsequential bad press. HP would seem to be an example of the latter., at least so far. I wouldn't be surprised to see that clause reworded in the near future though, to just reserving the right to cancel faulty priced orders.

I just have to wonder if they'd cancel erroneously priced orders in their favor? *rhetorical sarcasm for the humor impaired*

 

[Hobit]

Originally posted by: Winchester
They have no legal grounds for doing this, and yes, I have a law background, and I have asked soon to be graduating law studnents, who said that once they set a price or make an offer for sale, and you agree to buy the item at that price and they accept the money, there has been a transfer, and therefore a binding contract has taken place. They CAN NOT do this.

BTW: what if you've already eBay'ed the item.

Ok, Mr. Lawyer to be. Let's hope that you pass the bar! I think you are too narrow in your interpretation of K law. Hypothetically, let's start by narrowing the time frame from placement of order to delivery of product to 3 days which is the average time for most etaliers to ship their product. I think if a vendor/HP realizes that a price mistake has occurred during that window period and the product has shipped, by sending you the message it is trying to void the K because of a mistake. A mistake can be unilateral or mutual. In this case, I think one can argue that it can be either a mutual or unilateral.

A mutual mistake is one that would negate the existence of a K when both parties entering into a transaction knowing that the subject matter of a K is not what it is. Either party can void the K. As for a unilateral mistake, I will leave it up to you to review for the bar exam.

In sum, I think it's a matter of time in which HP discovers the pricing error and act upon it, and the reasonableness of its attempt to void the K. For example, who is paying for the cost of the return?

P.S. For the rest of you who wish to pursue your action in court, you can file it in small claims court. Your state court will have jurisdiction over the subject matter and HP.

 

[Winchester]

It does not matter, once they have accepted your form of payment for their item, it is a legal binding contract, for which they must commit themselves to. Its that simple. Unless your an expert in Personal Property, I would keep my mouth shut, thanks for doing that! Mmm K!

 

[Hobit]

Originally posted by: Winchester
It does not matter, once they have accepted your form of payment for their item, it is a legal binding contract, for which they must commit themselves to. Its that simple. Unless your an expert in Personal Property, I would keep my mouth shut, thanks for doing that! Mmm K!

First, take a lesson or two in grammar, ok? Try using "it's" or it is in place of "Its that.." and you're or you are in place of "your an... As for an expert in "Personal Property," I have not heard of such a specialist or "expert" in the field of law. By the way, I am not an "expert" in Personal Property and Personal Property has little or no relevance to the topic or subject matter of discussion. In other words, that is not the issue.

I hope you are going to pass law school or attending an ABA accredited law school because your analyzing skills are very narrow. Have an open mind and look at all the branches and not just the tree.

 

[Buz2b]

Contract law will usually come down on the side of the "complete-ness" of this. As was (re)stated all too many times, the offer was made, accepted and completed. After that, HP doesn't have much to stand on. The courts will laugh in their face if they try to say, "we're idiots and made a mistake and now want the customer to (re)pay for it". Won't happen. The pseudo legal mumbo-jumbo they are posting is just that; an effort to do a bit of CYA so that if it happens again they can try to scare the timid into submitting. Actually a pretty smart move on their part. It's cheap (costs them nada) and could reap a good deal of the lost monies from their mistakes from those that fall for it. Other than that, it's wasted bandwidth. An example would be if your local Wally-Mart advertises a 27" TV for $50. Hundreds show up and buy this TV. Later in the week, Wally-Mart publishes (in the same local paper where the Ad was originally) a disclaimer saying that everyone that bought this TV now owes them $200 more or must return the set. If you haven't started laughing yet, you should be. Or as some would say, "That dog won't hunt!"

 

[CZroe]

Originally posted by: froinlaven
And who's to say what a "pricing mistake" is? What if the price HP decides to sell something at doesn't bring them a profit? "Oh, it was a price mistake!" Instant profit. This is a very bad TOS.

It's easy to spot a bait and switch scam. These are usually illegal.

 

[Bojangles139]

Originally posted by: dahunan
Are you even paying attention...

HP says you can pay for something on their site at the advertised price .. receive it from their shipping dept. and then months later (or maybe years later) they charge you more for it because they claim they had priced it incorrectly???

This will be taken to court and they will be penalized.

um.....i seriously doubt it would take HP years or even months to realize a pricing error.

Originally posted by: udonoogen
LOL. thats pretty funny.

however its an unauthorized charge if you didn't authorize it, no? the "contract to buy" you agreed to was under the price it was erroneously posted at. i dont really know what im talking about but that has always been my impression of cashing in on price mistakes.

nope. with CC machines, its easy to enter a wrong price in and just as easy to go back and change it. they can change it to what ever they want. if you piss the sales guy of and he doesn't care about his job, he can change a $10 charge into a $1000 charge. granted, your gonna notice this on your bill and you will be able to correct it, but it can be done. ALWAYS check your CC bills for mistakes.

Originally posted by: dahunan
What would you do if I sold you my 3ghz P4 laptop for $600 and then told you a week later that I was mistaken and realized I meant to sell it for $2600 and that I already issued a charge to your credit card for the $2000 I decided you still owe me.. how would you feel about that?

i would say you are an idiot. you can't compair single sale you make with a huge company like HP's mistake made by one peon that employs ten's of thousands. the loss for HP is potentionaly huge. HP would attempt to contact you before they send the correct price thru, if they have any customer relations, they will not charge it before they notify you. if they are unable to because you are avoiding them, hoping they will go away, they willl document the fact they have tried on multible occasionts to contact you and then put the correcting charge thru.

Originally posted by: klaatuboradonickto
So Mr. Credit Card Man, can you tell me how HP can charge my American Express card when I don't provide them anything but the American Express one-use CC number ? This keeps any vendor from charging or using your CC number more than once.

Klaatu

aite, got me there, i don't know how those work, US Bank didn't have'em when i worked there.

Originally posted by: Winchester
They have no legal grounds for doing this, and yes, I have a law background, and I have asked soon to be graduating law studnents, who said that once they set a price or make an offer for sale, and you agree to buy the item at that price and they accept the money, there has been a transfer, and therefore a binding contract has taken place. They CAN NOT do this.

LoL. merchants can cancel charges they've made. i assure you of this, i did it for a few merchants. customers can not, merchants can.

also, some of you people are just plain dumb. a pricing error is just that, an ERROR! if you can get away with it, great, just dont' start bitching and whining when the company realizes their mistake and corrects it. you know its an error and hope to make out with a hell of a lot better deal then you should. HP does not need to work on its customer relations, its just fine. mistakes are made, pure and simple, they can not and should not be held reposible for them.

and this whole deal, yes, lets sell a $2000 for $500, then we will say it was a pricing error just to screw people.

grow up and stop thinking "Big Brother" is watching over your shoulder.

brandon

 

[Quixotic]

Originally posted by: Hobit

Originally posted by: Winchester
It does not matter, once they have accepted your form of payment for their item, it is a legal binding contract, for which they must commit themselves to. Its that simple. Unless your an expert in Personal Property, I would keep my mouth shut, thanks for doing that! Mmm K!

First, take a lesson or two in grammar, ok? Try using "it's" or it is in place of "Its that.." and you're or you are in place of "your an... As for an expert in "Personal Property," I have not heard of such a specialist or "expert" in the field of law. By the way, I am not an "expert" in Personal Property and Personal Property has little or no relevance to the topic or subject matter of discussion. In other words, that is not the issue.

I hope you are going to pass law school or attending an ABA accredited law school because your analyzing skills are very narrow. Have an open mind and look at all the branches and not just the tree.

Not saying that I agree with Winchester, but perhaps Mr. Hobit you should refrain from using grammar attacks as part of your repetoire. If you have a point, state it. Including a grammar attack like the one you just did makes you sound very petty and weakens the rest of your argument. Get over yourself -- he's not the worst writer to post on this forum.

 

[metapy]

Here is my two cents, if I jumped on an HP pricing error and they either wanted to charge me or have the item shipped back I would put the item outside, tell them where it is and they need to retrieve their property and reimburse me for purchase. I would NOT accept anything less than simply moving the item outside my house, they would need to dispatch FedEx or UPS for pickup with a shipping label. If they wanted me to hold the item until pickup I would demand $1000/day storage fee for holding their merchandise.

Personally I think it would be funny to get in on a pricing error and deal with HP on this; they are really pushing it.

Oh, by the way, you all though reading this comment was free.... you all owe me $10 now. If I become rich and famous one day then it will be $1,000,000 [Dr. Evil Laugh]

 

[DeeTees]

Does any one have HP's term as they appeared prior to the pricing error snafu?

The wording as posted here appears to have been specifically drafted to cover the monitor error. They appear to be attempting to completely change the contracts after completion.

As a matter of law for a contract to be void or avoidable for mutual mistake the mistake must be reasonable from both sides. The classic case was a shippment of grain from India on the ship Peerless. The buyer expected the shipment on the ship Peerless (1) sailing in September and the seller shipped on the ship Peerless (2) sailing in late October. When the grain shipment was not on Peerless (1) the purchaser covered by buying grain from another source. -- This is mutual mistake.

In retail an order is an offer. When the offoree accepts by shipping and accepting payment the contact is complete. No changes in terms, no changes in price.

Every one seems to be overlooking the obvious solution. If HP makes such an unauthorized charge it is a criminal violation and constituted federal wire fraud. Any state attorney general or the US attorney would by happy to investigate a large multi billion dollar corporation engaging in wire n
fraud.

By the way I do know what I am talking about. I am a lawyer and have conducted many contract courses.

 

[Winchester]

Originally posted by: DeeTees
Does any one have HP's term as they appeared prior to the pricing error snafu?

The wording as posted here appears to have been specifically drafted to cover the monitor error. They appear to be attempting to completely change the contracts after completion.

As a matter of law for a contract to be void or avoidable for mutual mistake the mistake must be reasonable from both sides. The classic case was a shippment of grain from India on the ship Peerless. The buyer expected the shipment on the ship Peerless (1) sailing in September and the seller shipped on the ship Peerless (2) sailing in late October. When the grain shipment was not on Peerless (1) the purchaser covered by buying grain from another source. -- This is mutual mistake.

In retail an order is an offer. When the offoree accepts by shipping and accepting payment the contact is complete. No changes in terms, no changes in price.

Every one seems to be overlooking the obvious solution. If HP makes such an unauthorized charge it is a criminal violation and constituted federal wire fraud. Any state attorney general or the US attorney would by happy to investigate a large multi billion dollar corporation engaging in wire n
fraud.

By the way I do know what I am talking about. I am a lawyer and have conducted many contract courses.

Exactly what I said!



BTW Property and Personal Property Law do apply to this .

[g ] grammar scan[/g ]

[greturn ] IDGARA, you can relax here, WGAFF [/greturn ]

 

[SinMen]

If you buy something from HP now, wouldn't you be agreeing to that TOS? Does it mean now they have the legal right to either charge the correct price or demand the item back? I would assume they will most likely arrange for a pick up.

 

[froinlaven]

Originally posted by: Quixotic

Originally posted by: Hobit

Originally posted by: Winchester
It does not matter, once they have accepted your form of payment for their item, it is a legal binding contract, for which they must commit themselves to. Its that simple. Unless your an expert in Personal Property, I would keep my mouth shut, thanks for doing that! Mmm K!

First, take a lesson or two in grammar, ok? Try using "it's" or it is in place of "Its that.." and you're or you are in place of "your an... As for an expert in "Personal Property," I have not heard of such a specialist or "expert" in the field of law. By the way, I am not an "expert" in Personal Property and Personal Property has little or no relevance to the topic or subject matter of discussion. In other words, that is not the issue.

I hope you are going to pass law school or attending an ABA accredited law school because your analyzing skills are very narrow. Have an open mind and look at all the branches and not just the tree.

Not saying that I agree with Winchester, but perhaps Mr. Hobit you should refrain from using grammar attacks as part of your repetoire. If you have a point, state it. Including a grammar attack like the one you just did makes you sound very petty and weakens the rest of your argument. Get over yourself -- he's not the worst writer to post on this forum.

Seriously, critisizing someone's grammar just proves that your points aren't very strong, and that you need point out something that is irrelevent to the argument. Kind of like saying, "Yeah? Well your avatar is stupid!"