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Online service provider- pricing error

Discussion in 'Consumer Law, Contracts, Warranties' started by Examtaker, Aug 10, 2018.

  1. Examtaker

    Examtaker Law Topic Starter New Member

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    Jurisdiction:
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    Hi all,

    Online vendor is based in CA, I am based in NY.

    I was looking for cheap Exam Preparation package on internet and found a great deal at one of the major service provider of Exam Preparation.
    The whole website showed discounts up to 90%.
    I bought their 40hrs tutoring package for the discounted price of 1000$, original price at 7950$.

    I received 2 automated emails after that:
    -the first one asking me to click on a link to accept their Terms and conditions (which I did)
    -the second email 1- Thanks me for choosing them, 2- Indicates me the first steps to ”GET STARTED”, 3- Clearly indicates me in The Subject of the email “How to Start Your Exam Private Tutoring” and 4- details amount of my order.

    I have since been able to use their online resources which was advertised as included in the tutoring bundle. They even sent me the working material (books). On My Account on their website their is also a section in which it is clearly shown that my payment was accepted.

    The Terms and Conditions of their website are very light and do not mention any legal disclaimers reserving the vendor the right to refuse to honor the contract due to a pricing error. TERMS AND CONDITIONS

    Then I received at the end of the day an email form their sales department letting me know that there was a website glitch earlier today when I purchased my tutoring bundle and that they cannot honor the price I was charged on the website. They are proposing a full refund. But I intend to keep enjoying the original offer to which I agreed in respect of the Terms and Conditions.

    I would like to particularly insist on the fact that I genuinely bought the tutoring package thinking it was at a discounted price. As, when I was on the website, all the other offers were also at great similar discounts.

    Can the vendor force the refund and not provide the tutoring or can I continue with the offer and expect to have access to the tutoring hours?

    Thank you for your precious help.
     
  2. army judge

    army judge Super Moderator

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    No human being can predict what another human being, or a human being acting on behalf of a corporation will or will not do.

    If the other party makes a decision that you do not like, your remedy is to sue the party in court.

    In your case, that means you'd have to travel back and forth to California to prosecute your lawsuit, unless the vendor's "terms and conditions" disallow lawsuits and require all disputes to be decided through binding arbitration.
     
  3. mightymoose

    mightymoose Well-Known Member

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    Yes, they can, and likely will.
    If you disagree with what they do you will have to go to California to sort it out in court, which is probably unreasonable and may not be decided in your favor.
    What do the terms tand conditions say about resolving disputes? Follow the instructions it provides for best results, otherwise accept the refund and move on.
     
  4. Examtaker

    Examtaker Law Topic Starter New Member

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    Thank you both for your answer.
    Nothing is mentioned in their Terms and conditions regarding disputes or lawsuits.
    I do not want to sue then anyway.

    I just wanted to know as they already accepted and delivered part of the offer if they could cancel the offer and refund it.
    If it was not yet available/shipped I could have understood. But they clearly acknowledged me as part of their program and let me enjoy the offer.

    Again, thank you for your help.
     
  5. mightymoose

    mightymoose Well-Known Member

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    Yes, they can. There is nothing to stop them.
    It is not much of a legal issue, but one of policy by the merchant.
     
  6. Examtaker

    Examtaker Law Topic Starter New Member

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    Quick update - I got them by email today and we came to a settlement putting a bundle of 20hrs tutoring + 36hrs group class at $2500 (normally priced at $5700) instead of the 40hrs tutoring I initially got for $1K.
     
  7. mightymoose

    mightymoose Well-Known Member

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    Good for you for working it out.

    Hopefully you weren't scammed.
     

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