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What I should do?

Discussion in 'Open Discussion' started by Bhupinder2002, Nov 30, 2011.

  1. Bhupinder2002

    Bhupinder2002 Mu-43 Hall of Famer

    This is something that has happened with me for the first time
    Date -23rd November 2011--- I spotted a used Sony Nex 5 with 16mm lens(cosmetic condition 9)at BH for USD 269. Thats was a damn good deal given that lens itself sells for USD249. I bought it for my 6 year old daughter who is showing quite an interested in photography
    Fast forward - 29th Nov 2011- The shipment arrives without 16 mm lens.:confused::confused: My invoice shows nex 5 with 16 mm lens .
    I contacted them today and they said it was an error on listing and they apologised.They are asking me to return the camera and obvious will issue me full refund . WHat should I do?
    Option one - Full refund ?I am okay but not happy with it
    Option two?I would like them to ship lens as part of original sale - How to do this?
    Thanks a lot in advance .
    Cheers
     
  2. goldenlight

    goldenlight Mu-43 All-Pro

    Jan 30, 2010
    Essex
    John
    I don't know the international situation but under UK law you would have quite a strong case as you made an offer which the company accepted and therefore you have a legally binding contract. However, even assuming that the law is the same in Australia and the USA, enforcing this might prove difficult considering you are in a different country to the supplier, especially if it involves hiring a solicitor.

    Best plan of action is to write to them or email, stating that you have a legally binding contract which you insist they honour by supplying a lens. If it works, all well and good, but if they resist then it's for you to decide if it is worth taking potentially expensive legal action against them, or just put this one down to experience. However, at the very least you should expect a full refund of your postage costs for returning the camera.

    One further point, if you paid by credit card you may be entitled to some compensation or assistance from the card issuer under the equivalent of the UK Consumer Credit Act; it's certainly worth enquiring.

    Good luck. :smile:
     
    • Like Like x 1
  3. Bhupinder2002

    Bhupinder2002 Mu-43 Hall of Famer

    Thanks John.I did the same and awaiting there response .I did pay by credit card and let me see wha do they say.
    Cheers
    Thanks
     
  4. zpuskas

    zpuskas Mu-43 Veteran

    459
    Feb 25, 2011
    Santa Barbara, CA
    I've done business with B&H for over 30 years and never had a problem, however, this seems unusual. I would expect them to ship the 16mm lens as a sign of good faith and hammer the employee who made the mistake! It ain't your fault this listing was incorrect!
     
  5. demiro

    demiro Mu-43 Hall of Famer

    Nov 7, 2010
    If you somehow think B&H was intentionally misleading you then by all means I would recommend an aggressive approach. If you believe it was a mistake then I guess I wonder why you would not simply send the camera back at their expense and be done with it? I would only ask that they immediately credit my payment back; not make me wait for the return to be processed.

    Off this specific situation but on the broader topic of pricing errors----I've never understood the mentality of many who publicize and try to take advantage of mistakes with online pricing (not saying the OP did that at all). To me it feels no different than a cashier giving me back an extra $20 with change from a purchase. I wouldn't dream of keeping the cash, and I bet many would agree with me. Is that simply because you are able to put a face and a person with the mistake? Well, someone not much different than that cashier probably made the mistake with the online price. Why is that OK to profit from?
     
  6. nickthetasmaniac

    nickthetasmaniac Mu-43 All-Pro

    Jan 11, 2011
    I'd just send them a polite but firm email explaining the situation, and explaining that you would prefer them to send you the 16mm as advertised, rather than you return the camera for a refund.

    As with others, I've always found B&H outstanding to do business with - I'd imagine a few emails will sort things out :smile:
     
  7. WoodWorks

    WoodWorks Mu-43 Regular

    180
    Oct 10, 2011
    Ashland, OR USA
    David
    I'm with demiro. It was an apparently honest mistake. Other than the time involved in shipping the camera back at their expense, how were you harmed? What sort of compensation for that mistake is justified? A free lens? Really?

    David
     
  8. dmc

    dmc Mu-43 Regular

    67
    Feb 21, 2011
    Beijing
    . . . For your six year old daughter? Wish you were my dad! lol
     
  9. Canonista

    Canonista Mu-43 Top Veteran

    563
    Sep 3, 2011
    L.A.
    B&H has the following site disclaimer: "ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, B&H DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH B&H ASSUMES NO RESPONSIBILITY."

    They would likely refer to this to provision if they are going to deny the request. Unless you can demonstrate that B&H was engaging in deceptive practices, such as a bait and switch, it is going to be difficult to establish a legal claim. Since their usual camera body-only price is what apparently was erroneously advertised for the kit, and other merchants are presumably selling at comparable prices for body only, B&H's claim of a typographical error would likely stand-up in court. The court's remedy for such a mistake is recission; i.e., to cancel the contract and return the parties to the positions they would have had if the contract had not been made.

    I would just return the camera (though at their cost), since that's the fair and equitable thing to do.
     
  10. RobWatson

    RobWatson Mu-43 Hall of Famer

    Despite the B&H disclaimer bait and switch is illegal. Accidental or not it is still illegal.

    I'm a long time faithful B&H customer both personally and professionally.

    At my place of business excessive steps are taken to prevent these types of 'mistakes' from happening because we always honor what we say.

    Either way it is up to the OP to decide whether to play hardball or act in good conscience. Honor is worth more than cash and is not a zero sum game.
     
  11. Canonista

    Canonista Mu-43 Top Veteran

    563
    Sep 3, 2011
    L.A.
    If it was accidental, i.e., an honest mistake by the vendor, then it is NOT bait and switch, and therefore NOT illegal. There is a clear legal distinction between the two, with a very different outcome.

    The OP sought advice, and I provided my informed opinion of how a legal claim may turn out if he were to hypothetically pursue this through the courts. That is what B&H's lawyers would do in assessing any claim, and it may be helpful to the OP to know his likelihood of success in selecting his options.

    Of course, it is within B&H's business discretion to go beyond what they may legally be obligated to do, and if the OP should luck out, then good for him.

    BTW, we are glad to know that you have perfected a system that involves "excessive steps" that "PREVENT these types of 'mistakes'." In my business world, we recognize that humans can err, and that while we can take steps to MINIMIZE mistakes, they can and will occur innocently from time-to-time.
     
  12. Bhupinder2002

    Bhupinder2002 Mu-43 Hall of Famer

    Thanks for the reply.I know , many people will try to do that.I mean make profit from someone's mistake. I am not one of them and money is not the problem. If it was a brand new Leica with original price tag of 6999 and listed for 699.99 and sold to me for 699 then I would understand. A used NEx 5 with 16 mm for USD 269 made perfect sense to me as new one is sold for USD499-549 price tag. Initially they were saying I pay the shipping from Melbourne Australia which by no means will be less than USD75. So I was paying for someone's mistake.When I became more firm then they agreed to pay the return shipping as well. I have bought gears worth USD10000 dollars from them in the last 3 years.Interestilngly they are giving the same lens for USD 99dollars bundled with Nex 5N. ANyway I am sending everything back at their expense and will complain to someone higher up.
    Cheers
     
  13. Bhupinder2002

    Bhupinder2002 Mu-43 Hall of Famer

    Thank u so much.
    They are refusing to send the lens but now agreed to pay the return shipping from Melbourne to B&H.Otherwise I would have been paying 33% of the original price of my purchase for someone's mistake. But giving away a lens would get them good will and more business. Many of many nurses and doctor colleagues have bought nearly 50-60 Olymus Pens from them.
    Cheers
     
  14. Bhupinder2002

    Bhupinder2002 Mu-43 Hall of Famer

    Yes thats what I was expecting.I have sent them an email.Thanks for this brilliant suggestion rather than just sitting and being treated like an idiot for someone;s mistake.
    Cheers
     
  15. Djarum

    Djarum Super Moderator

    Dec 15, 2009
    Huntsville, AL, USA
    Jason
    I ran into a similar issue a few years ago with another e-tailer. I even had a screen capture showing their mistake. Similar to B&H, their agreement says that what is represented on their website is not always accurate. All they would allow me to do is return the product for a refund. They are/were not required to make good on my purchase in the sense of providing what they had offered.
     
  16. demiro

    demiro Mu-43 Hall of Famer

    Nov 7, 2010
    I don't disagree that for a slight monetary difference for B&H (return shipping vs letting you keep the lens) it would be a smart investment to build good will with a loyal customer.

    I think maybe that sort of approach gets limited because of how so many people chase bargains/pricing errors. It's easy to imagine etailers just being consistent to avoid incenting people to try to capitalize on errors.
     
  17. Bhupinder2002

    Bhupinder2002 Mu-43 Hall of Famer

    Hahah..yes six year old.She is quite interested and keen on photography.Last year I was selling my olympus 17 mm lens and she said its boring to put simple pics of the lens on ebay.So she took this shot for me..

    PC043891.JPG
     
  18. Bhupinder2002

    Bhupinder2002 Mu-43 Hall of Famer

    Thanks guys.B&H agreed to cover my return postage as well and that was my concern.Otherwise I had to shell out AUD75 for someone's mistake.
    Cheers