Gibbys Electronic Supermarket - Pricing

Posted on Friday, January 20th, 2012 at 9:48pm CST by 78178fb8

Product: Defintive Technologies Speakers

Company: Gibbys Electronic Supermarket

Location: Gibbys Audio & Video 55 Geneva Street St. Catharines, ON L2R 4M6 Canada Tele: 905-685-7611 Toll Free: 1-877-761-6354
St. Catharines, on, L2R 4M6, CA

URL: https://www.gibbyselectronicsupermarket.ca

Category: Other

the following is a chain of emails sent to the owner of the business over a period of 1 month with no positive replies. I

made a purchase online based on time limit (midnight) to purchase items at a super saving. Mechant accepted order charged my card and never shipped item when i repeatedly requested updates on the pending status they responded they made an error on the price $84.44 vs $800 plus and if i still wanted they to ship the items I said yes at the price the they sold them and confirmed them to me $84.44 they cancelled the order and never responded to my many emails below.

Dear Mr. Gibson it has now been close to 3 weeks since I wrote and have neither received my speakers or a response from your organization.

-----Original Message-----

From: Un Happy

Sent: November-21-11 7:17 PM

To: 'Duane Gibson'

Subject: RE: Order Update second request for follow up

Very very very disappointing from such a reputable store to make this type of error especially 2 week before black Friday

In the event that you would like the feedback it's not the 90 bucks

1 price was a limited time to act sale for one day sorry but you should honor your sale price even if you made an error otherwise ..... .... legally not cool I'm sure I'm not the only one who purchased the speakers

2 very disappointed I had to follow up the order almost a week later to find this out instead of you advising me immediately once you discovered the error hummmm

3 I believe you need to make it right based on your advertised reputation

Hope to receive a positive response

Thanks

PS

article

Online Pricing Error Goes to the Supreme Court

Canadian Marketing & Advertising Law Update February 2008

In the business of selling merchandise over the Internet, it is almost inevitable that an incorrect price will get posted online. It may seem like a small gaffe at the time, but there can be big repercussions. For Dell Computer Corporation [Dell], an online pricing error triggered a class action case that ran all the way up to the Supreme Court of Canada.

Back in 2003, a consumer spotted lower than normal prices for two handheld computers on Dell's website. Dell discovered the error quickly and removed links to the product pages, but did not actually delete the pages. Some consumers were still able to link directly to the incorrectly-priced product pages - and they placed multiple orders at the incorrect, lower price. These things always seem to happen on a Friday, and once word got out in the online community, 509 orders were placed that weekend instead of the usual handful of online sales.

Dell posted a correction notice about the pricing error and announced that it would not honour the orders at the lower price. It also sought to rely on a clause in the website terms, accessible through a separate link on the site, which specified that consumer disputes would be resolved through arbitration. A consumer, unable to claim his lower prices, contacted the Union des consommateurs, a consumer advocacy group in Quebec, and launched a class action lawsuit.

In Dell Computer Corporation v. Union des consommateurs, a majority of the Supreme Court of Canada upheld the Court of Appeal of Qu?bec decision (overturning a lower court decision) that the terms of sale were made sufficiently clear to the consumer, even though the arbitration clause was contained in a separate document, accessible through a separate link on the site. The arbitration clause was contained within a page on the Dell website that was accessible by hyperlink with the title "Terms and Conditions of Sale," which appeared on every page that the consumer accessed.

In its July decision, the Supreme Court held that, similar to paper documents, not all of the text needs to be located on the same page. The Court held that relevant question is one of accessibility: if the terms and conditions that the merchant seeks to incorporate into the consumer contract are located in such a manner that they are not reasonably accessible, then they will be deemed to be "external" under the Qu?bec legislation, and therefore not incorporated into the contract. But in the Dell case, the Court found no evidence that the text was difficult to find on the web page, so the arbitration clause was deemed to be valid.

Since 2003, both Ontario and Quebec have passed amendments to consumer protection legislation that prohibit companies from imposing mandatory arbitration clauses on consumers. So future consumers - at least in Ontario and Quebec - will have recourse to the courts to resolve such a dispute.

-----Original Message-----

From: Duane Gibson [mailto:[email protected]]

Sent: November-17-11 11:37 AM

To: XXXXX

Subject: Order Update

Gibbys Electronic Supermarket

------------------------------------------------------

Order Number: 30352

Detailed Invoice: http://www.gibbyselectronicsupermarket.ca/account_history_info.php?order_id=30352

Date Ordered: Friday 11 November, 2011

The comments for your order are

Hello George, Our apologies for the confusion, but the Defintive technologies item you ordered was incorrectly priced on line for a short period of time. It has now been corrected and you can re order at the correct price if you still wish to continue with the order. Again our apologies for the confusion. Your current order will be cancelled

Your order has been updated to the following status.

New status: Pending

Please reply to this email if you have any questions.

-----Original Message-----

From: Duane Gibson [mailto:[email protected]]

Sent: November-17-11 11:37 AM

To: george

Subject: Order Update

Gibbys Electronic Supermarket

------------------------------------------------------

Order Number: 30352

Detailed Invoice: http://www.gibbyselectronicsupermarket.ca/account_history_info.php?order_id=30352

Date Ordered: Friday 11 November, 2011

The comments for your order are

Hello George, Our apologies for the confusion, but the Defintive technologies item you ordered was incorrectly priced on line for a short period of time. It has now been corrected and you can re order at the correct price if you still wish to continue with the order. Again our apologies for the confusion. Your current order will be cancelled

Your order has been updated to the following status.

New status: Pending

Please reply to this email if you have any questions.

Order shipping when ?

-----Original Message-----

From: Duane Gibson [mailto:[email protected]]

Sent: November-11-11 11:43 PM

To: george

Subject: Order Process

Gibbys Electronic Supermarket

------------------------------------------------------

Order Number: 30352

Detailed Invoice: https://www.gibbyselectronicsupermarket.ca/account_history_info.php?order_id=30352

Date Ordered: Friday 11 November, 2011

Products

------------------------------------------------------

1 x Definitive Technology BP6B Floor Standing Speakers Black [BP6B] PR (BP6B) = $84.44

------------------------------------------------------

Sub-Total: $84.44

Shipping Estimate * (): $0.00

Environmental Handling Fee * $2.90

QC Tax (GST: 5%, PST: 0%): $4.37

Total: $91.71

Delivery Address

------------------------------------------------------

george

XXXX XXXXXX

XXXXXXXXXX

QC, Canada

Billing Address

------------------------------------------------------

george XXXXXXXX

XX XXX XXXXXXXXX

QC, Canada

Payment Method

------------------------------------------------------

Credit Card with CVV2


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