Oops. Twitter was on fire this morning with reports that Dick Smith’s New Zealand online store was only asking for delivery costs on any purchase, making big ticket items like TVs and laptops next to free. As you’d expect, the web swarmed, and the Techxperts responded: sorry, no freebies for you. Updated!
@Steffen_ tweeted: “Well, my order just went through. 27inch iMac. Total price: $4.95. Come on Dick Smith, be a good sport and honour it. Haha.” Alas, @DickSmithNZ has tweeted a mass response:
“For orders placed we will be in contact with you to confirm cancellation or whether you would like the items at their correct pricing.”
Update: Dick Smith NZ has now confirmed that the 60 affected customers will each get a 10 per cent discount for their troubles.
We were debating this in the Gizmodo newsroom, and it seems that when you see a price in store, you lock in that “offer” simply by walking to the cash register. But online, (even in Australia) the retailer can cancel orders if they haven’t charged your card yet, or if they can show that the price error was so drastic that most reasonable users would have known there had been a mistake. Either way, Dick Smith NZ’s web site is still under maintenance. [Dick Smith NZ]
David Huang
Monday, July 11, 2011 at 11:17 AM“We are currently undertaking maintenance on the Dick Smith website to further improve your shopping experience.”
I fail to see how they can further improve on free products :)
Mordecai Chalk
Monday, July 11, 2011 at 1:04 PMWell, they could always offer free shipping of the free items.
NacaYoda
Monday, July 11, 2011 at 11:19 AMIf you walk up to a register and the price marked on a product is an (obvious) error, the retailler has the right to refuse to sell it to you. “Sorry sir, the price on that Italian leather jacket is not supposed to be $5. Actually it is $500″ = perfectly legal. This kind of error does not fall within bait advertising law. Honest mistakes are totally refusable by retaillers instore and online.
NacaYoda
Monday, July 11, 2011 at 11:20 AMMeant to add – In Australia.
Penmonicus
Monday, July 11, 2011 at 11:21 AM“most reasonable users would have known there had been a mistake”.
Here’s a hint: if it’s $0, it’s a mistake.
Ross
Monday, July 11, 2011 at 11:50 AMLet’s think – Lots of free publicity though!
Even with the setback of having website problems tarnishing your good name *cough*, I think the savvy retail marketer would take the fame/infamy of a horde of tweets and then the news repercussions…
Damo
Monday, July 11, 2011 at 1:01 PMI think law of contracts makes it clear that they have made what is legally considered an offer. In accepting that offer a contract is made. Both parties need to agreee to withdraw.
The no charge on card for an online purchase adds a new dimension but certainly if the purchase had gone through Dick Smith stores are in a sticky situation if they think they can back out just by claiming the transaction is cancelled.
cayal
Monday, July 11, 2011 at 2:16 PMDick Smith should just claim their site was hacked.
Elcd
Monday, July 11, 2011 at 3:18 PMAn offer to treat is not an offer to enter in to a contract of sale. Thus advertised pricing can be subject to change at any time regardless of what price is posted
Quin
Monday, July 11, 2011 at 4:29 PMAs Elcd says, offer and acceptance are elements of a contract, but not the whole story.
Besides, there’s a bunch of legislative requirements and exceptions on retail sales these days.
D
Monday, July 11, 2011 at 2:59 PMIf you used your credit card and had a small transaction fee for doing do from your bank (i know it sucks) would dicksmith refund your money and the transactions fee also?
Russell
Monday, July 11, 2011 at 6:04 PMI smell Lulsec XD