RE: FW: Shop@Kodak DX3700 Digital Camera

["Jon Bhargava" <jonathan.bhargava@xxxxxxx>]

That is a good analogy, but it seems like these online/mail order companies
operate slightly differently in that:

I go to the Counter, and ask to purchase.

I am asked how I wish to pay.

I offer my credit card, which is NOT swiped, just accepted as a means of
payment, but i have not payed yet (I get an email to confirm that so far so
good, method of payment accepted etc)

I go to collect the goods and pay, and am told *there* that the price is
wrong - and they inform me a mistake has been made, they will not deduct
the
cost from my card and I am a bit p***ed off, but no money has changed hands


I certainly would not want to encourage Kodaks behaviour & I know I
would be
annoyed if I were in that situation but I wouldn't have the time nor the
inclination to go to the small claims court.
One could argue that if people take this lying down then you have to expect
similar cock-ups in the future - but from all the fuss I am sure Kodak for
one wouldn't make the same mistake again

Cheers

Jon B

-----Original Message-----
From: Ian Lowe [mailto:ian@xxxxxxx]
Sent: Tuesday, January 08, 2002 19:24
To: ukha_d@xxxxxxx
Subject: RE: [ukha_d] FW: Shop@Kodak DX3700 Digital Camera


Jon,

whilst not directly involved, I feel I have to point out something here.

You can't magic away a contract you don't like. If "mistakes"
could be
simply forgotten, then these forty million Finance companies hawking sucker
loans on Sky would go out of business in a day.

The Small Print argument here is not as powerful as it seems. This applies
in Scots law, but I suspect English Law has a direct equivelant: contracts
may not contain misleading terms, or terms which shift the balance of the
contract too far in one direction.
For instance, a contract which gave me the right to increase my prices
whenever I wished in the small print, and specifically stated that it could
not be cancelled within the time period, would almost certainly be deemed
as
invalid in a court of law.

The "shop" metaphor has been discussed. Here's another view of
that:

I see a product advertised in the shop window, at an exceptional, but
believable price.

I go to the Counter, and ask to purchase.

I am asked how I wish to pay.

I offer my credit card, which is swiped in an old fashioned
"paper" Visa
machine.

The Visa Slip is returned to me, as my receipt.

I go to collect the goods, and am told *there* that the price is wrong.

The reseller then proceeds to tear up their visa slip.

if this happened, would you accept it?

I would not. And as the TS people seem to have told Kenneth, Neither does
the law.

Ian.






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