JBL Black Friday "Mistake"

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born_again

DocDJD said:

I bought a soundbar from the JBL website on Black Friday - a great deal £799 down to £60.99.
The order was confirmed, and the money was taken.
However, JBL have cancelled the order citing that the price was a "genuine and honest mistake on their part that you should’ve noticed"
Considering that it was Black Friday where retailers make a small number of headline grabbing discounts and the fact that other itens were heavily discounted, >60%, such a discount whilst large, is not unheard of.
Do I have a legal ground to take this any further?

What ever happened to E & OE 🤷‍♀️

Grumpy_chap

DocDJD said:

I bought a soundbar from the JBL website on Black Friday - a great deal £799 down to £60.99.
The order was confirmed, and the money was taken.
However, JBL have cancelled the order citing that the price was a "genuine and honest mistake on their part that you should’ve noticed"
Considering that it was Black Friday where retailers make a small number of headline grabbing discounts and the fact that other itens were heavily discounted, >60%, such a discount whilst large, is not unheard of.
Do I have a legal ground to take this any further?

It seems clear that the price should have changed from $799 to $699, not $60.99

DocDJD said:

According to their T&C's the contract is formed at the point of the order confirmation, which I recieved. That bit is not in dispute.

4.1 Any statement by Harman on the Website regarding the availability of Products constitutes an invitation to make an offer and not a binding offer by Harman. An agreement is concluded by Harman’s confirmation of the Customer’s order. Confirmation may be made electronically (e.g. through the Website, by email or text message, or by similar technologies) or, if agreed, in writing. For the avoidance of doubt, Harman’s confirmation of receipt of Customer’s order does not constitute Harman’s acceptance of the order.

Did you receive "confirmation of the Customer's order" or "confirmation of receipt of Customer's order"?

Belenus

DocDJD said:

I bought a soundbar from the JBL website on Black Friday - a great deal £799 down to £60.99.
The order was confirmed, and the money was taken.
However, JBL have cancelled the order citing that the price was a "genuine and honest mistake on their part that you should’ve noticed"
Considering that it was Black Friday where retailers make a small number of headline grabbing discounts and the fact that other itens were heavily discounted, >60%, such a discount whilst large, is not unheard of.
Do I have a legal ground to take this any further?

At a guess, someone has typed £60.99 instead of £699 or £699.00.

This is clearly a 'genuine and honest mistake' and they are entitled to cancel your order.

Whether you 'should’ve noticed'  is moot as you cannot force them to honour the order.

ArbitraryRandom

DocDJD said:

other items were heavily discounted, >60%

92% is a slight bit more than 60%  

If they'd actually dispatched then you would have had a chance (still not guaranteed), but every year something like this happens and generally speaking if it's a mistake of that magnitude they're not required to honour it (because however you would wish it otherwise it is obviously a mistake). 


https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/

screech_78

Would be viewed as a unilateral error, regardless of when the contract is formed. The error is pretty obvious that the customer should have been aware and so the contract is void. 

Nearlyold

Even if the transaction had reached a stage where a contract was formed JBL will probably be able to rely on the law of unilateral mistake to void the contract. The law of unilateral mistake can apply where one party has made a mistake they are (intially) unaware of and the second party aware of the mistake tries to take advantage

Hoenir

user1977 said:

DocDJD said:

I bought a soundbar from the JBL website on Black Friday - a great deal £799 down to £60.99.

Considering that it was Black Friday where retailers make a small number of headline grabbing discounts and the fact that other itens were heavily discounted, >60%, such a discount whilst large, is not unheard of.

I'm no expert in the soundbar market, but does that actually seem plausible in this case? What is the cheapest price that the same product is available for elsewhere?

Two of their lesser similar products in the same range retailing at a much higher price are a clear giveaway

the_lunatic_is_in_my_head

Belenus said:

This is clearly a 'genuine and honest mistake' and they are entitled to cancel your order.

Whether you 'should’ve noticed'  is moot as you cannot force them to honour the order.

A mistake requires more than a mistake otherwise anyone would be able to cancel a contract by stating it's a mistake. 

This kind of thing is a unilateral mistake and requires the other party to have known or ought to have known.

Whilst it's doubtful the retailer would be forced to supply the soundbar, there could be a claim for damages as loss of bargain. The party suffering the breach should be in the same position that they would have been in had that breach not occurred.

Any other time of the year I would say no chance, Black Friday when they hype it up that everything is discounted and there's serious bargains to be had, I don't know, I think it would be a risk to chase it (via small claims) but there's a slim chance it could be viewed OP wouldn't have been expected to have known due to Black Friday.

user1977

born_again said:

DocDJD said:

I bought a soundbar from the JBL website on Black Friday - a great deal £799 down to £60.99.
The order was confirmed, and the money was taken.
However, JBL have cancelled the order citing that the price was a "genuine and honest mistake on their part that you should’ve noticed"
Considering that it was Black Friday where retailers make a small number of headline grabbing discounts and the fact that other itens were heavily discounted, >60%, such a discount whilst large, is not unheard of.
Do I have a legal ground to take this any further?

What ever happened to E & OE 🤷‍♀️

Removed when consumer rights meant it couldn't be enforced (at least not on the blanket basis of "oops we can change anything we want").