THE B&H FAKE OFFERS, PROMISE THE MOON AND THEN CANCEL Locked

BobsYourUncle wrote:

Please email henryP@bhphoto.com as mentioned in the net post for any further questions.

Bob

Thank you Bob.

Three things:

First, this was a mistake, a simple error of the % sign rather than the $ sign. It was not a plot or a conspiracy and certainly not done with malice.

Second, we regret it and apologize to anyone who was disappointed. We take our business seriously and do not treat errors like this lightly.

Third, the people here claiming that NY law or US law obliges us to honor these transactions are misinformed.

http://t.co/BrHbWHEoMd is on point. The equitable doctrine of unilateral mistakes says "when online retailers make honest, good-faith pricing mistakes that result in huge losses to the benefit of opportunistic online shoppers, their mistake could be grounds for rescinding the unfavorable contract under the doctrine of unilateral mistake. One party’s mistake can make the contract voidable when the mistake concerns a basic assumption on which the contract was formed and has a material effect on the agreement that is adverse to that party. In addition, the adversely affected party must establish that ... the effect of the mistake is such that enforcement of the contract would be unconscionable ... The adversely affected retailer must also show that enforcing the contract would be unconscionable ... The contract, if enforced as formed, needs to cause hardship to the adversely affected party. Among other things, courts will consider whether the sale would cause the retailer a loss, rather than merely earn a diminished profit ... Rescinding the contract is the only available remedy under unilateral mistake; it is not a basis for reformation ... the retailer must cancel the customer’s order and re-offer the product at the actual price."

Contact me at henryp[at]bhphoto.com for further discussion, if necessary.