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Amazon UK Glitch Sells Thousands of Products For a Penny

An anonymous reader writes For about an hour on Friday a few lucky Amazon UK shoppers were able to take advantage of a price glitch which discounted thousands of marketplace products to the price of 1p. An Amazon spokesman said: "We are aware that a number of Marketplace sellers listed incorrect prices for a short period of time as a result of the third party software they use to price their items on Amazon.co.uk. We responded quickly and were able to cancel the vast majority of orders placed on these affected items immediately and no costs or fees will be incurred by sellers for these cancelled orders. We are now reviewing the small number of orders that were processed and will be reaching out to any affected sellers directly."

138 comments

  1. Sigh. by ledow · · Score: 4, Informative

    WAS NOT AMAZON.

    It was a junky piece of third-party software that automatically adjusted prices for Marketplace sellers.

    The software cocked up, made everything a penny, and - I imagine - everyone stopped using it.

    1. Re:Sigh. by Anonymous Coward · · Score: 0

      Yeah it's not an Amazon glitch.

      As for the software, I propose this patch:

      if( price <= 0.01 )
        price = 0.02;

      Problem solved!

    2. Re:Sigh. by Anonymous Coward · · Score: 0

      News at 10: When both you and your competitor use a third-party pricing 'bot' to undercut each other, you'll end up selling your goods at 1p!

    3. Re:Sigh. by rainmaestro · · Score: 1

      News at 11: Repricing tools are used to match prices as well as undercut them.

    4. Re:Sigh. by Jamu · · Score: 4, Funny

      They could insert it after the bit of code that reads:

      if (price = 0.00)
      price = 0.01;

      --
      Who ordered that?
    5. Re:Sigh. by Firethorn · · Score: 1

      News at 11: Repricing tools are used to match prices as well as undercut them.

      Still leaves the important bit of setting a price floor you can live with.

      --
      I don't read AC A human right
    6. Re:Sigh. by rainmaestro · · Score: 1

      The repricing tool sent incorrect prices to Amazon for those products, according to the company's statements. Setting a floor doesn't exactly help if a bug with the tool means it doesn't respect it.

    7. Re:Sigh. by Anonymous Coward · · Score: 1

      Mod this funny. That snippet has like one WTF per 7 characters!

    8. Re:Sigh. by jeremyp · · Score: 1

      I wouldn't be surprised if that was exactly the bug.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
  2. currency by fightinfilipino · · Score: 4, Funny

    a British penny is worth like 100 U.S. pennies though, so it's ok.

    1. Re:currency by oodaloop · · Score: 4, Informative

      Officially, we don't have any pennies; we have One-cent Pieces. They are colloquially known as pennies, named after the British Penny. Sorry, the anal-retentive numismatist in me had to interject.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    2. Re:currency by Anonymous Coward · · Score: 0

      Officially, we don't have any pennies; we have One-cent Pieces

      The same is true in the US.

    3. Re:currency by Charliemopps · · Score: 1

      Officially, we don't have any pennies; we have One-cent Pieces. They are colloquially known as pennies, named after the British Penny. Sorry, the anal-retentive numismatist in me had to interject.

      Wait... you're a real live British person? While we have your attention... please explain Jaffa Cakes to us. They're about the most disgusting things I've ever tasted, and trust me, that's a high bar. Why would you intentionally make something taste stale?!? And orange jelly? With chocolate?

    4. Re:currency by Anonymous Coward · · Score: 0

      I'm pretty sure he meant that the US does not have pennies, not Britain

    5. Re:currency by mrbester · · Score: 2

      To avoid paying VAT on it.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    6. Re:currency by RavenLrD20k · · Score: 1

      Although open to some level of interpretation of what country the word "we" in the parent was meant to represent, it can be presumed that the parent was using the "we" to refer to the U.S, as the parent goes on to link the colloquial name 'pennies' to being a reference to the British Penny. To my knowledge there is no other country in the world to use the exact word 'penny' or 'pennies' to refer to their smallest denomination ('peso' is close but still fails the string comparison).

    7. Re:currency by Anonymous Coward · · Score: 0

      the anal-retentive numismatist in me had to interject.

      You romantic, you!

    8. Re:currency by leathered · · Score: 4, Funny

      Only if you explain how Hershey's somehow make millions of dollars every year selling products that taste like, to use your colonial vernacular, ass.

      --
      For all intensive porpoises your a bunch of rediculous loosers
    9. Re:currency by Anonymous Coward · · Score: 0

      you know what is more awful with chocolate? Mint. Probably nowhere outside US this thing is popular. Horrible experience.

    10. Re:currency by Anonymous Coward · · Score: 0

      Except Canada, although yes we got rid of our pennies :)

    11. Re:currency by mirix · · Score: 1

      I'm not british and like jaffa cakes. orange and chocolate is an awesome combination.

      --
      Sent from my PDP-11
    12. Re:currency by petermgreen · · Score: 1

      Mint and chocolate combinations seem pretty common in the UK too. Personally I like them...

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    13. Re:currency by Anonymous Coward · · Score: 0

      I'm not defending Hershey, but I find it funny to be dressed down on the subject of food by someone from the UK.

    14. Re:currency by mythosaz · · Score: 1

      we don't have any pennies

      They are colloquially known as pennies

      Got it, thanks :)

    15. Re:currency by Hillgiant · · Score: 1

      I'd buy that for a dollar.

      --
      -
    16. Re:currency by Anonymous Coward · · Score: 0

      In Canada, although we have stopped "minting" pennies, our one-cent pieces are called pennies... Many businesses no longer accept them as payment however they are still officially legal tender anywhere in Canada...

    17. Re:currency by GrumpySteen · · Score: 1

      They are colloquially known as pennies, named after the British Penny. Sorry, the anal-retentive numismatist in me had to interject

      There's an ass-penny joke in there somewhere, but I don't think I want to look for it.

    18. Re:currency by Anonymous+Brave+Guy · · Score: 2

      While we have your attention... please explain Jaffa Cakes to us.

      For those who understand, no explanation is necessary.

      For those who do not understand, no explanation is possible.

      Realise this fundamental truth, grasshopper, and you will reach enlightenment and celebrate in the glory of the smashing orangey bit.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    19. Re:currency by behrooz0az · · Score: 1

      I've seen them in like 8 countries, so yes, they're not a US thing.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion. -- Spazmania (174582)
    20. Re:currency by Anonymous Coward · · Score: 0

      The typical American palate is distinctly adjusted to sugar. So long as whatever-it-is has enough sugar in it, it really doesn't matter what the flavor is.

      Though I am curious as to why you know what ass tastes like? Oh right, the Jaffa Cakes....

    21. Re:currency by Anonymous Coward · · Score: 0

      Oh you make me remember why I'm glad to be heading back to London for Christmas! Those things are too expensive here when you can get them. That and having access to proper bacon again for the first time in nearly two years.

    22. Re:currency by Anonymous Coward · · Score: 0

      This from the nation that gave the world plastic cheese and fake chocolate? Not mentioning MC D's because it doesn't even count as food.

    23. Re:currency by Anonymous Coward · · Score: 0

      The funny thing is that being from the UK and living in the US I've often thought the same thing in reverse. I hold UK food in no particularly high value (apart from bacon, obviously), but when Americans complain about it I just don't understand how they can say that with a straight face.

    24. Re:currency by AmiMoJo · · Score: 1

      Tell me, what does donkey meat taste like? I've only ever had horse.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    25. Re: currency by xaxa · · Score: 1

      "A fening is 1â100 of a Bosnia and Herzegovina convertible mark"

      That's cognate with penny.

    26. Re:currency by Anonymous Coward · · Score: 0

      have you ever really seen a person eating a hershey bar, and looking happy about it? hershey was popular for always selling _cheap_ chocolate they use vanillin instead of vanilla, among many other travesties. the trick is they get all these companies to buy their chocolates and then they dump it when it gets old. hershey bars are so bad they call diarrhea 'the hershey squirts' i live in a town where they eat many things that taste awful. i don't get it. why save a nickel to get a product with half the taste? and then cry about not selling out every week...

      i understand why low carb protein bars taste less satisfying than a (good)candy bar, but they are great at combating hunger which the candy bar is not. i also don't get sauerkraut or coconut or most stinky cheeses.

    27. Re:currency by whoever57 · · Score: 1

      Wait... you're a real live British person?

      The GP poster was talking about the USA. Britain does have pennies (actually, pence -- one penny, two pence).

      --
      The real "Libtards" are the Libertarians!
    28. Re:currency by Anonymous Coward · · Score: 0

      Says the guy from the country with spray-on cheese.

    29. Re:currency by jeremyp · · Score: 1

      To my knowledge there is no other country in the world to use the exact word 'penny' or 'pennies' to refer to their smallest denomination.

      We do in the UK and we thought of it first.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    30. Re:currency by RavenLrD20k · · Score: 1

      Yes. That would be why both oodaloop and myself said "...named after the British Penny" and "...the colloquial name 'pennies' to being a reference to the British Penny", respectively. I was corrected above to include Canada in the colloquial assessment, and I've found Australia uses the term as well. So, we have 4 countries -- Great Britain, Canada, Australia, and the U.S. -- that use the term "Pennies" or "Penny" to refer to their lowest denomination of coin. Any others?

    31. Re: currency by RavenLrD20k · · Score: 1

      So penny is spelled fening? The monetary division may be the same, but they are not spelled the same; which is what this whole thread section is about.

    32. Re:currency by doccus · · Score: 1

      You didn't mention British "pudding".. you like it? Not, I would think ;-)

    33. Re:currency by doccus · · Score: 1

      OK.. I'll side with you on this, f you're talking about US fast food.. Tastes like drain cleaner and cardboard, with a bit of stale "mystery freezer food" taste to top it off. And the coffee with the bleach taste? Yummy!

    34. Re:currency by Anonymous Coward · · Score: 0

      ok that's it.
      You yanks have gone too far.
      I could live with the crap US sitcoms, i could live with the all encompassing surveillance. i could live with the torture (we're repeating the sitcoms one here).
      But. You. Will. Not. Insult. Jaffa Cakes.
      They rank third in tea related accompaniments, after bourbon creams and dark chocolate digestives.
      As though we'll take criticism from the country that brought hershey's into the world.

  3. Hmmmm ... legality? by gstoddart · · Score: 3, Interesting

    We responded quickly and were able to cancel the vast majority of orders placed on these affected items immediately and no costs or fees will be incurred by sellers for these cancelled orders.

    So, once the order has been placed, haven't you effectively entered into a contract for sale or something?

    At which point you the seller don't really the the option to say "Ooops, we didn't mean to do that, we're cancelling your order".

    Maybe it's different in the UK, but I thought they couldn't change the terms of sale just because they want to.

    If I had made the purchase, I'd be pissed, because this means they can change the terms of sale after they've been offered.

    Your website/pricing stuff broke .. NMFP, you offered it 1 penny, I expect to get it for that price.

    --
    Lost at C:>. Found at C.
    1. Re:Hmmmm ... legality? by Zocalo · · Score: 2

      After a few previous high-profile incidents of this kind of error most online retailers have a clause in their Ts&Cs excusing them from obvious mistakes, errors and omissions, and Amazon is no exception. If they'd had a big banner saying "Special Offer!" or some such, or the price difference was less obvious then it was then the might have had to honour the sales, or done so out of good faith if the damage wasn't too high, but in this case they're pretty much home and dry.

      --
      UNIX? They're not even circumcised! Savages!
    2. Re:Hmmmm ... legality? by ledow · · Score: 4, Informative

      No.

      If the price is obviously a mistake, it's not a binding contract.

      Offer and then ACCEPTANCE is a basis of all contract law. You make an offer but then you BOTH have to accept the offer to make it valid. The point of acceptance is not necessarily when you get an email saying Amazon has received your order. It's worded quite carefully.

      Online, you get certain consumer protections but no consumer protection extends to obvious pricing errors, and sellers get the same kinds of protections.

      It's similar to the "moron in a hurry" test. And even a moron in a hurry knows that it's not 1p for a widescreen TV.

      And...

      IT WASN'T AMAZON. It was a third party bit of shitty software that automatically "adjusts" prices, not unlike an eBay sniping tool gone awry.

    3. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      And I suspect the "contract" you have as a purchaser via the Amazon Market Place stipulates that they (Amazon) can, in fact, cancel your orders in this fashion.

    4. Re:Hmmmm ... legality? by ShanghaiBill · · Score: 2

      So, once the order has been placed, haven't you effectively entered into a contract for sale or something?

      No. For online and mail order transactions, the sale is not complete until the product has shipped. There are laws that cover mismarked merchandise, and the vendor has no legal obligation to honor the price.

      At which point you the seller don't really the the option to say "Ooops, we didn't mean to do that, we're cancelling your order".

      Yes, they do have that option. Which is reasonable and fair. Laws should punish dishonesty, not mistakes.

    5. Re:Hmmmm ... legality? by Dunbal · · Score: 0

      Software should obviously only be allowed to screw the consumer, not the middle-man seller! Seriously I have to ask myself what value these re-sellers provide when they even rely on software to price "their product" for them. I agree they should be held to their contracts in an effort to encourage most of them to make a real living.

      --
      Seven puppies were harmed during the making of this post.
    6. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      Only when the buyer is charged, which is usually not until the item ships.

    7. Re:Hmmmm ... legality? by ArcadeMan · · Score: 0

      I think Amazon UK just created a precedent. What goes one way must work the other way too. That means you should be able to order hundreds of items and then cancel them all without any fees or penalties. After all it wasn't your fault, it was a "computer glitch" too.

    8. Re:Hmmmm ... legality? by jeffmflanagan · · Score: 1

      No. Try not to be an entitled asshole. You'd have no right to be pissed, and show yourself to be irrational. You don't get to steal because of pricing errors.

    9. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 1

      How the UK Government Office for Fair Trading regards this:

      A right for the supplier to cancel a contract without notice may be fair if its use is effectively restricted to situations in which there are 'serious grounds' for immediate termination. These might be circumstances in which there is a real risk of loss or harm to the supplier or others if the contract continues for even a short period .

      In short for exigencies like this the supplier has the right to cancel the order.

    10. Re:Hmmmm ... legality? by gnasher719 · · Score: 1

      So, once the order has been placed, haven't you effectively entered into a contract for sale or something?

      Most likely the sale is only entered at a later stage. Could be if the charge your credit card, could be if the ship.

      And most likely, they have terms and conditions that basically say "we offer what you see on the website, except if there are obvious mistakes". And the only way you could complain is if you spot a pattern, like if this happens repeatedly, or if they refuse to sell to you but don't change the advertised price.

    11. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      "Not responsible for price mistakes" is pretty standard both before and after order submission, I believe in both countries. What you "expect to get" for that price is irrelevant and non-binding.
      Unless a product actually shipped and was delivered (in which case the seller is pretty much out of luck, though the customer may choose to be nice and agree to return it).

    12. Re:Hmmmm ... legality? by petermgreen · · Score: 1

      So, once the order has been placed, haven't you effectively entered into a contract for sale or something?

      AIUI suppliers in general don't formally accept orders until they ship them. .

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    13. Re:Hmmmm ... legality? by Charliemopps · · Score: 1

      There's a period of time between when you click "Submit" and when the order goes through. It's like a few minutes or and hour... anyways, until that happens, either end of the transaction can easily cancel it. In fact, until it's shipped I believe you can as well. Once I had an order that got screwed up horribly bad... I got into an argument with the owner in the comments section to the point that he got so mad, he stopped shipment on my order and refunded my money (which was what I wanted anyway) So yea, until the package arrives on your doorstep and you accept it, you can still cancel. But I'd not recommend it after it ships. If you reject it when the UPS man walks up and it gets lost on the way back you're on the hook for the full payment I bet.

    14. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 1

      Amazon already lets you cancel any items you like free of charge all the way up until the time they are delivered to a carrier.

    15. Re:Hmmmm ... legality? by plover · · Score: 1

      That depends entirely on the jurisdiction. In some US states, the price marked is the price that must be honored, or the shopkeeper can go to jail. The merchant doesn't get to claim "computer glitch", because there were so many glitches people could no longer tell them from bait-and-switch tactics. So the laws were passed in favor of the consumer, and if the merchant's computer systems aren't up to the task, it's not the problem of the general public.

      Doesn't matter if you think it's fair or unfair, it's the law in those places. I think Massachusetts, Michigan, and California all have some flavor of this, with Massachusetts being the most stringent.

      --
      John
    16. Re:Hmmmm ... legality? by Dishevel · · Score: 1
      But, But, But .... I want it even if it really is no different from being a petty their to take advantage of what I know is a mistake!

      These are the same self entitled, spoiled brats that loot shoe stores to voice their dislike of cops.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    17. Re:Hmmmm ... legality? by Dishevel · · Score: 1
      You also believe that if someone leaves their door open you can rob them blind. Right?

      People like you are bad for society.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    18. Re:Hmmmm ... legality? by DrJimbo · · Score: 1

      I haven't canceled hundreds of orders on Amazon but I have canceled a handful. There has never been a fee or a penalty although I did have to fill in a small form explaining why I canceled.

      If you did this maliciously with a bunch of items just to be a PITA then they would probably respond accordingly and cancel your account.

      OTOH, I have had a seller raise the price of an item after I made an inquiry about it. That really pissed me off. I complained to Amazon but they said it was within their rules. The end result is it is stupid to make polite inquires about products (for example, asking if a used book listed as hardcover really is hardcover). You are better off just placing the order and then returning the item for a full refund if it does not match the description.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    19. Re:Hmmmm ... legality? by khellendros1984 · · Score: 1

      Doesn't it already work the other way? A seller is offering a product at a stated price. A buyer states that they will pay that price for the product. The sales contract is in effect when the seller ships the product (implicitly accepting the deal), and charges the buyer. If the buyer realizes before the product ships that they'd like to back out of the transaction, they can do so.

      At least, that's the theory. In practice, a seller may not be completely honest about whether the product has already shipped or not. And in theory, a seller would check that their price was as it was intended, but in practice, they might not for every transaction.

      --
      It is pitch black. You are likely to be eaten by a grue.
    20. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      "Sorry, your item is no longer in stock ."

      Easy enough to get around your pesky laws.

    21. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 1

      Assumptions like yours are quite popular, and yet harmful. Here are a few more:

      1) Once a check has "cleared," the money is in your account and the Bank can't take the money back out even if the check bounces later.
      2) If a cop pulls you over, he legally can't just take all your cash and then not press charges.
      3) An undercover cop must answer honestly if you ask him if he is a cop, and he can't initiate an illegal transaction because that would be entrapment.
      4) A judge can't reject a jury's verdict once it is rendered.
      5) The president can't order the assassination of American citizens without due process.
      6) A woman can't get a man convicted of rape if she has no evidence or witnesses to back it up.

      I'll stop there.

    22. Re:Hmmmm ... legality? by rainmaestro · · Score: 1

      You can already do that. Amazon even has a policy of holding processing of credit card transactions for a short window (usually 30 minutes) so that people can cancel mistake orders before the charge occurs.

      Even after that, until a product has physically been shipped, both the seller and the buyer can cancel an order. Depending on the reason there may be penalties (a ding to the performance rating for the seller, for example). Buyers generally are never penalized for anything, particularly on Amazon.

    23. Re:Hmmmm ... legality? by jaymz666 · · Score: 1

      The people that buy 10, 20, 50 of these mispriced items and then bitch they didn't get their products....
      Obviously they KNOW it's a mistake, so screw them

    24. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      Offer and then ACCEPTANCE is a basis of all contract law. You make an offer but then you BOTH have to accept the offer to make it valid. The point of acceptance is not necessarily when you get an email saying Amazon has received your order. It's worded quite carefully.

      Or you could look at it that the vendor made the OFFER and *I* ACCEPTED their offer can you not?

    25. Re:Hmmmm ... legality? by FlyHelicopters · · Score: 1

      Yes, but you also accepted their terms and conditions, which includes this paragraph:

      "With respect to items sold by Amazon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Amazon is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item."

    26. Re:Hmmmm ... legality? by rainmaestro · · Score: 1

      If you walk up to a cash register and hold out a handful of money, is the store contractually obligated to accept your money at that point? No, they are not. And that's all placing an order online is. No money has changed hands until the card is charged, and that happens later on for Amazon orders.

    27. Re:Hmmmm ... legality? by FlyHelicopters · · Score: 1

      Those laws generally apply to retail stores with displayed price signs.

      They generally do not apply to online sales.

      If you know of a court case where they do, please post, i would be interested in seeing it.

    28. Re:Hmmmm ... legality? by thegarbz · · Score: 1

      Offer and then ACCEPTANCE is a basis of all contract law. You make an offer but then you BOTH have to accept the offer to make it valid.

      No. Offer, acceptance and consideration is the basis of contract law, but any offer is deemed as acceptance once consideration is exchanged. If you go into a store and see a sign saying ice-cream $3 and walk to the counter you can be told "Sorry the sign is wrong it's actually $4". However if you give the person $3 and he takes it they can't then turn around and say, "Actually you know what, I actually wanted $4 for this, here have your money back.:

      Many people have been caught by this over the years. Unless the system caught its own error and then threw an exception when you entered your credit card details you have a legally binding contract. There's a few classic cases over the years where someone has bought a yacht on ebay for a few thousand dollars and then taken the seller to court for trying to return the money and hand it over.

      I myself bought 10 hard drives from some local company's website a few years ago for $22 ea instead of $220. Lots of people did. The company initially refused but one of the buyers took them to court and they were forced to hand over all sale items at the sale price. In many countries Amazon would be forced to do the same.

      Not to mention the act of advertising something at price and then attempting to not sell the price runs afoul of many consumer protection laws (e.g. bait and switch scams). It all hinges on how far the transaction got whether it's fallen afoul of contract law or consumer protection laws.

    29. Re:Hmmmm ... legality? by mythosaz · · Score: 1

      Your website/pricing stuff broke .. NMFP, you offered it 1 penny, I expect to get it for that price.

      Expect into one hand. Shit into the other. See which one fills up faster.

      By placing an order, you agree to the privacy policy and conditions of use.

      "With respect to items sold by Amazon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Amazon is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item."

    30. Re:Hmmmm ... legality? by mythosaz · · Score: 2

      Their offer is conditional, and states clearly:

      By placing an order, you agree to the privacy policy and conditions of use.

      "With respect to items sold by Amazon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Amazon is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item."

    31. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      Those laws don't apply to online sales, I am not aware of anywhere in the US where such laws would force amazon to honour that pricing technical MISTAKE.

    32. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      Nope. It's one way to cancel an Big River order even after it's shipped, just refuse delivery. The order goes back to the warehouse and you get refunded automatically. If it gets lost on the way back it's still been logged as refused on the doorstep so no fault on the customer.

      I'm working as a Big River Corp seasonal phone monkey at the moment, it's the standard advice we give callers if they change their mind after we ship stuff to them otherwise they have to do returns and that's more work for them.

      That only applies to Big River orders or Marketplace stuff that comes out of a Big River warehouse ("fulfilled by Big River") though. Anything shipped direct from a Marketplace seller, you're on your own and it's time to study the terms and conditions fine print you didn't bother with before you pressed the Buy button.

    33. Re:Hmmmm ... legality? by jareth-0205 · · Score: 1

      Or you could look at it that the vendor made the OFFER and *I* ACCEPTED their offer can you not?

      The GP is slightly wrong misleading in that the price on Amazon *is* considered an offer (nomatter what they put in their T&C) and that your acceptance of it does make it binding, *unless* it's obviously a mistake. This was obviously a mistake therefore they don't have to honour it.

    34. Re:Hmmmm ... legality? by jareth-0205 · · Score: 1

      Far as I know this isn't an enforcable condition, consumer protection laws in the UK are strong and the price on the website is considered a shopfront, and therefore an offer and something they have to honour.

      *Unless* it's obviously a mistake, which this clearly is, and then they don't.

    35. Re:Hmmmm ... legality? by jareth-0205 · · Score: 1

      Actually the laws here are biased towards the consumer. If the price is reasonable believed to be not a mistake (which this clearly wasn't) then the offer has to be honoured by the shop because otherwise you'd have a million bait-and-switch false adverts by shops. The consumer does still get 7 days to cancel.

    36. Re:Hmmmm ... legality? by Anonymous+Brave+Guy · · Score: 1

      FYI, I don't think your description of how contract law works is correct across all of the UK. For example, consideration is treated differently in Scotland.

      In any case, for a transaction literally charged at 1p, one might reasonably argue both that this is not sufficient to constitute consideration and that there was no meeting of the minds given that an objective observer would obviously not expect expensive merchandise to be sold for only 1p under these conditions.

      (I'm not a lawyer, but as someone who runs businesses including on-line transactions I have spent plenty of time talking about these issues with people who are. Actual lawyers are welcome to dive in and correct me.)

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    37. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      Uh, no. It's obvious you are not a lawyer. Under the common law any amount of money is considered valid consideration, even 1 penny.

    38. Re:Hmmmm ... legality? by thegarbz · · Score: 1

      In any case, for a transaction literally charged at 1p, one might reasonably argue both that this is not sufficient to constitute consideration

      The way I heard it and have seen it practised in most countries is that the value of the consideration is irrelevant, just that something needs to change hands. I.e. a builder hands over a drawing or breaks the ground with a shovel, or you pay even 1p then the contract is potentially valid in a court of law. At that point breaking out of the contract is something the courts need to decide, and when it does happen fair equity of deliverance comes to play (i.e. 1p is probably all you're going to get if all you do is hit a ground with a shovel and both people walk away). The courts decide what the losses are on each side and then tries to equate them but within the bounds of the contract, so if the contract was one sided, then the expected performance of both parties will be one sided too.

      In the view of consideration it doesn't need to be full. That is why when I bought my house I signed the contract and transferred 5% of the value to the seller. The contract stipulated if any of the contractual clauses fail (building inspection, finance approval etc) that I get my money back in full, but the contract isn't legal with both our signatures unless something has started changing hands (i.e. my 5%). The value isn't fixed at 5% either. It could have been 1p.

    39. Re:Hmmmm ... legality? by Anonymous+Brave+Guy · · Score: 1

      Yes, yes, something about peppercorns.

      It remains necessary for there to be a meeting of the minds for a contract to exist, and I still can't see how an objective observer would conclude that a merchant intended to sell expensive goods for consideration of 1p.

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    40. Re:Hmmmm ... legality? by Anonymous+Brave+Guy · · Score: 1

      The way I heard it and have seen it practised in most countries is that the value of the consideration is irrelevant, just that something needs to change hands.

      Indeed, but arguably the purpose of recognising nominal consideration is that such consideration is a demonstration of intent to create legal relations.

      We're talking about a commercial deal here, so presumably if money actually changes hands there is a strong implication that a deal was intended even for nominal consideration. I'm just wondering whether the accidental 1p pricing case is so far from reasonable by the objective observer standard that a lawyer could argue it. (I don't know the answer to this, nor claim to; as I said, I'm not a lawyer, just someone who's come across some of the issues.)

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    41. Re: Hmmmm ... legality? by Anonymous Coward · · Score: 0

      Computers don't make mistakes.
      These prices were set by a script.
      They may have set the price wrong, but it was exactly as coded.

    42. Re:Hmmmm ... legality? by BarbaraHudson · · Score: 1

      Once a check has "cleared," the money is in your account and the Bank can't take the money back out even if the check bounces later.

      If the check is a forgery, yes they can. For example, employee at XYZ Corp forges a company check to a friend. The check clears. It's later found to be a forgery. Bank can take the money back.

      If a cop pulls you over, he legally can't just take all your cash and then not press charges.

      Happens all the time under Civil forfeiture.

      An undercover cop must answer honestly if you ask him if he is a cop, and he can't initiate an illegal transaction because that would be entrapment.

      Oh, you are SO naive. Cops can lie to you about anything. And only the most outrageous police misconduct works as a defense against entrapment.

      A judge can't reject a jury's verdict once it is rendered.

      Sure they can.

      The president can't order the assassination of American citizens without due process.

      The "hit list" includes some Americans who were killed w/o due process. Scroll down to read the DoJ memo if you want to.

      A woman can't get a man convicted of rape if she has no evidence or witnesses to back it up

      Absolutely not true. People are convicted based solely on the victim's testimony that the sex was not consensual.

      Zero for 6.

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    43. Re:Hmmmm ... legality? by ledow · · Score: 1

      Consider a shop (store if you're that side of the pond).

      They price-gun a ton of items but the minimum-wage employee forgets to change the price. He tags a widescreen TV as 2-for-1 at 0.50c.

      In law, this has arisen for decades. If it's obvious that it's an error, they are not obliged to honour it. If it's not obvious (i.e. he tagged it at 200 instead of 300 or whatever), then they are. It's in the case law, it's as simple as that.

      Whether you are online, mail order or physical store, it's the same. Pricing errors are not required to be honoured if no sensible person would consider them anything but an error.

      Now some places may honour the lower price if it saves them lots of legal hassle, or if it generates a news story. But that's at their discretion.

      Similarly, if you see something with a sticker on it saying 1p, the retailer is quite within their rights to say "No, sorry, someone's been switching around the stickers - it's actually $1000".

      The sale of goods is not exclusively on the customers side, or there'd be no large businesses. You have to both agree. And we both know that if you queried it, Amazon (or rather the third-party reseller in this case) would say "No! That's obviously a mistake!". The consumer can't have it every way - they are entitled to change their mind, refund, etc. Similarly, the business has rights too. And where it's obvious that it's a mistake (or which could even have been the last malicious act of an ex-employee), they aren't required to honour it.

    44. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      No in UK legal terms the price on their webfront is an "invitation to treat" the same as a price on a shelf edge, there is no obligation for them to actually enter a contract to sell it at that price, the contract comes into existence when they take the money. There is uk case law on this dating from the late 90's to do with if I remember rightly a batch of high end large monitors put up on a website at ã9.99 not ã999

    45. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      I think you've just proved every one of his points true, so 6 for 6 really. The point was that these are dangerous assumptions to make /because/ they are false...

    46. Re:Hmmmm ... legality? by Cederic · · Score: 1

      Zero for 6.

      erm. 6 for 6, given he was quoting 'harmful assumptions'.

    47. Re:Hmmmm ... legality? by Anonymous Coward · · Score: 0

      Sorry but contract law is only used in some countries. You see not everyone lives in the US or ex commonwealth countries.

      So there will be some countries where the sale will be a valid transaction.

    48. Re:Hmmmm ... legality? by thegarbz · · Score: 1

      I'm just wondering whether the accidental 1p pricing case is so far from reasonable by the objective observer standard that a lawyer could argue it.

      Maybe, but so far the only case that I know of that has gone to court was found in favour of the buyer. Now in this case it was an expensive yacht bought for a mere 20000pounds from what I recall, but I imagine that for smaller difference the cost and effort to go to court would likely exceed the value of the item.

      I got my 90% accidentally off harddrives under consumer protection laws (someone complained that the HDDs weren't delivered and the company was forced to honour all purchases), but under contract law I'm sure if you get the right priced lawyer you can argue your way out of anything.

    49. Re:Hmmmm ... legality? by Anonymous+Brave+Guy · · Score: 1

      It certainly seems to be true that courts in the UK have shied away from questions of whether any given level of consideration is sufficient, favouring a simple finding of whether there was any consideration or not. My intended point was more that while obvious nominal consideration explicitly written into a negotiated contract might reasonably be interpreted as a demonstration of intent to enter into a binding agreement, in this case I'm not sure how well that argument works. In other words, it's not just about whether 1p constitutes consideration, it's about whether that nominal consideration demonstrates an intent to commit to the deal. It would be interesting to hear what any actual lawyers thought about this argument, but sadly it doesn't look like we'll find out here.

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  4. Re:Amazon is run by Nazis by ledow · · Score: 1

    Was not Amazon.

  5. Re:Amazon is run by Nazis by Lab+Rat+Jason · · Score: 0

    I'm not going to waste mod points on this, so I'll just reply instead:

    You are a dumb-ass. First of all, it isn't bait and switch, it was an accident. Second, save the Hitler references for situations where it's actually called for. AFAIK Hitler never sold something cheap on the internet, then canceled the deal... so I'm not even sure how you made the connection. Third, it wasn't even Amazon... it says right in the summary that it was a third party pricing tool. If you can't read the actual article, please at least read the summary.

    In conclusion, you are a dumb-ass.

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  6. Re:Amazon is run by Nazis by TWX · · Score: 1

    He might be a dumb-ass, but he's a VERY effective troll too...

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  7. Re:Amazon is run by Nazis by sexconker · · Score: 1

    Doesn't matter - Amazon listed a valid listing from the 3rd parties.
    The fact that the 3rd parties put up a price they didn't like doesn't change the contract that was made when people placed the orders.

  8. Not an Amazon glitch by mseeger · · Score: 1

    It wasn't a glitch at Amazon but from a third party software. But headlines never were the strong point of Slashdot ;-)

  9. RTFA, it was automated pricing software by alen · · Score: 1

    RTFA, it wasn't Amazon but some piece of software called Repricer that automatically updated the prices. Amazon caught the mistake and cancelled some orders.
    it was so bad competitors were calling each other to give a heads up

  10. How Hard is it to Price Manually? by wisnoskij · · Score: 1

    First we got skyrocketing prices, now a glitch is causeing near 0 prices. How hard is it to manually set a price, or at the very least set minimum bounds based on the cost to produce and reasonable maximum bounds?

    --
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    1. Re:How Hard is it to Price Manually? by rainmaestro · · Score: 1

      Repricing manually is great when you have 50 listings. Bump that up to 500, or 5000, and you need software to do it. The problem here is that a bug meant the third-party tool didn't respect the minimum bounds that had been set by the sellers.

    2. Re: How Hard is it to Price Manually? by wisnoskij · · Score: 1

      If you cannot even be bothered to set a price you are not paying enough attention to sell it.

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    3. Re: How Hard is it to Price Manually? by rainmaestro · · Score: 1

      It is an issue of scale. When you have sellers constantly entering and leaving a market as their stock is depleted, prices are not fixed and are adjusted with the market. You can do it just fine if you only have a few listings, but when you scale up to warehouse-level inventories you need software to manage it.

      Hint: Amazon adjusts the prices of their own listings on a regular basis based on demand and the prices of FBA and MF sellers, and they don't do it manually.

    4. Re: How Hard is it to Price Manually? by Anonymous+Brave+Guy · · Score: 1

      This has become a significant issue for my friends and family this holiday season, to the point that in some cases we have just walked away from the Amazon ecosystem entirely and bought elsewhere.

      If you can change prices so fast that a customer can't look up something we're interested in buying, call their partner in to check it before confirming the order, and then add it to a basket, and the price change can be literally doubling the price from a good deal to a complete rip-off, then the experience of shopping with you is going to suck.

      Throw in the inherent risks with any on-line purchase of stuff not turning up on time or being damaged on arrival -- both things I've heard widely reported in recent weeks in the UK, including specifically in connection with Amazon in some cases -- and going back to the High Street to buy anything you can from a bricks and mortar store is quite an attractive alternative.

      If only the people going to High Street shops to browse and then getting their phones out and ordering from Amazon hadn't killed off 90% of the good shops. :-(

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  11. Re:Amazon is run by Nazis by FlyHelicopters · · Score: 1

    That same contract gives Amazon the right to cancel orders for pricing mistakes.

  12. Re:Amazon is run by Nazis by metrix007 · · Score: 1

    What contract is that? You don't agree to something just by purchasing, at least if you do it doesn't trump local laws which are pretty clear about vendors having to honor prices advertised.

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  13. Re:Amazon is run by Nazis by ledow · · Score: 3, Insightful

    Not if the price is obviously an error.

    And not until both sides have consciously accepted the contract. Acknowledging receipt of your order request is NOT acceptance of the contract.

    English law contains this, so I imagine American law and almost all first-world law systems are similar.

  14. Sometimes sellers do truly ask for 1 cent by Zontar_Thing_From_Ve · · Score: 3, Informative

    Just last week I looked on Amazon for an old CD that's now out of print. It's an old classical music CD not rare or of particular interest outside of fans of the artist. In fact, you can rather easily find it available in MP3 or AAC formats on Amazon, iTunes, and a few other places. One seller only wanted 1 cent for a used copy with about 2 to 3 dollars for shipping. Sometimes people will sell old CDs, DVDs or books that have little collectable value for 1 cent just to make it up a little on shipping charges because Amazon ranks the copies by lowest price first in the Marketplace without counting the shipping cost. So while you could charge $2.01 for it and offer free shipping and make just as much as charging 1 cent and 2 dollars shipping, the 1 cent offer will go to the top of the list and the $2.01 offer in my example would be listed after anyone with a lower cost for the item, even if the item+shipping cost was much larger. You could sell it for 1 cent and charge $4 for shipping and get listed earlier than a $2.01 charge with free shipping.

    1. Re:Sometimes sellers do truly ask for 1 cent by rainmaestro · · Score: 1

      Sort of. The "buy box" that shows up on a listing uses a bit more complexity than just list price. It also factors in FBA vs MF, seller rating, etc. You'll sometimes see cases where the seller in the buy box is not the cheapest offering.

      On the "all sellers" page for a listing the default sorting order is List + Shipping, so a $2.01 w/Free Shipping would appear above a $0.01 + $3.99 shipping.

    2. Re:Sometimes sellers do truly ask for 1 cent by Dagger2 · · Score: 1

      I find this to be really irritating when sellers on eBay do it... but Amazon actually fix shipping prices for Marketplace. For instance, shipping on books/CDs/DVDs/games is $3.99. (Full list.) For sellers on Amazon Marketplace, a price of 1c means "we would've sold this to you cheaper, but Amazon won't let us."

      What they ought to do is to just merge the shipping price in with the product price. Combined shipping would make that impossible (since the price would depend on what other items you have in your basket), but Amazon don't even allow that, so adding a book to your basket is going to increase the total shipping cost by $3.99. It makes no sense as a separate figure.

    3. Re:Sometimes sellers do truly ask for 1 cent by AmiMoJo · · Score: 1

      Amazon UK lists the cheapest total price including shipping, and is even clever enough to know if you get Prime discounts and take them into account when ranking offers. I'm surprised the US site doesn't do it.

      The reason some items get down to the penny level is that sellers use software to automatically set prices at or a little lower than the lowest offer on that item. They put in their fixed shipping cost and let the software set the sale price. They will often have thousands, or even tens of thousands of items so individually pricing them is out of the question, and they are more concerned with turnover so are happy to set a minimum of 1p and maybe make a little on shipping. Being cheapest gets them the sale and the churn without having to carefully figure out which items are valuable and which are not.

      That also means that sometimes rare items will be extremely expensive, where as your local used book/CD shop might have them cheap because they just price all paperbacks/textbooks/albums the same.

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  15. Credit Card Charge by Roger+W+Moore · · Score: 1

    So, once the order has been placed, haven't you effectively entered into a contract for sale or something?

    No, not until your credit card has been charged. If they have done that then you have them under the credit card agreement but before that they can wriggle out of it as a mistake under their own terms.

  16. Re:Amazon is run by Nazis by FlyHelicopters · · Score: 1

    The contact on the order checkout page that says, By placing an order, you agree to the privacy policy and conditions of use."

    If you bother to read those, you'll see there is a long contact that says they have the right to cancel for many different reasons, including price errors.

  17. Re:Amazon is run by Nazis by FlyHelicopters · · Score: 1

    The actual wording, since I looked it up for you, is:

    "With respect to items sold by Amazon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Amazon is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item."

  18. Re:Amazon is run by Nazis by pbhj · · Score: 1

    Whilst I know the Sale of Goods Act 1979 says that for a bricks-and-mortar store the invitation to treat doesn't need to be honoured until the money has been accepted for the goods, I'm wondering for online transactions at what point the implicit contract is "signed". Does the retailer sign the "contract" when they take payment, when they deliver, what?

  19. Re:Amazon is run by Nazis by Anonymous Coward · · Score: 0

    It's the same. Receipt of money.

  20. Re:Amazon is run by Nazis by Anonymous Coward · · Score: 0

    it was an accident

    So were you, but your mom still had to pay for you.

    Sorry, that was unnecessarily rude, but the setup was too perfect to pass up. Point is, why should this accident get an undo? These people should be held liable for their (mis)use of this automatic price setting bot, we shouldn't be going "oh, well, if it sets it too low, we'll just cancel those orders".

  21. Re:Amazon is run by Nazis by pslytely+psycho · · Score: 1

    My personal experience with Tiger Direct is it may be cancelled until it is shipped. I bought 6 Xbox 360's from TD at a listed price of $5.95 each plus shipping, They cancelled the order the morning it should of shipped.

    I recently took delivery of 4 sound bars for $4.95 each that I sold on Craigslist for $75 each. The price was changed a few hours after my shipping confirmation to $99. I got them with no problem.

    TD makes this mistake frequently, only once (the sound bars) did I actually receive the merchandise, but I always try when I see an obviously incorrect advertised price.

    Sometimes you just get lucky.

    After all, once it's shipped it becomes difficult (and perhaps impossible?) to tell a customer to send it back because you made a boo-boo.

    There is no fraud involved even if you think the price is wrong, you merely took advantage of a killer sale.

    The downside is that it has taken TD nearly 2 weeks to refund my money each time I have tried this, in spite of their stated policy to refund within IIRC, 48 hours.

    Anecdotal I realize, but my $0.02 anyway....(-;

    --
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  22. Re:Amazon is run by Nazis by metrix007 · · Score: 1

    I'm not disputing that, but I would like to know why. Once they have taken my payment and sent me an email thanking me for my order, how in the hell is that not acceptance of the contract?

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  23. Re:Amazon is run by Nazis by Anonymous+Brave+Guy · · Score: 2

    And that sometimes makes things interesting in the case of responsible retailers who don't charge your card until they are ready to ship, because you're in a kind of limbo as a customer if you've placed an order but the merchant is delayed before sending it.

    As I understand it, Amazon is generally reasonable about how it handles these situations. For example, if you have placed an order but it hasn't shipped and been charged yet, you can probably change or cancel it. But you have to watch out with less scrupulous trading partners, who will happily try to eat their cake and have it by claiming your order is final yet also claiming that have no obligation to ship it until they take the payment.

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  24. Re:Amazon is run by Nazis by Anonymous+Brave+Guy · · Score: 1

    The GP post didn't say anything about taking your payment. Contractually speaking, that is often a more significant act than merely showing a web page or sending an e-mail acknowledging an order.

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  25. Sometimes sellers do truly ask for 1 cent by Anonymous Coward · · Score: 0

    In some jurisdictions, shipping is taxed differently than the item price. So $0.01 item + $2.00 shipping may yield a different total consumer cost than $2.01 item + free shipping.

  26. Re:Amazon is run by Nazis by K.+S.+Kyosuke · · Score: 1

    AFAIK Hitler never sold something cheap on the internet, then canceled the deal...

    No, but he sold the idea of moving east to some people, then switched the deal, AND he did so using IBM machines. OK, not an exact analogy but comes somewhat close.

    --
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  27. Probably had 10 pounds postage too.... by rklrkl · · Score: 1

    Because most Marketplace sellers on Amazon UK charge postage (and often hefty amounts even for small/light items), they often use a bad feature of Amazon's "sort by price" option - it doesn't include postage in the sort - to mark many items as costing a penny. Those items then very annoyingly appear first in multiple pages of "sorted" results and it's only when you click on them that you find the postage is 500 times the so-called cost of the product.

    If you ask me, it's karma coming back to bite those sellers on the arse - maybe the third-party software dropped the postage charge by mistake? I do wish Amazon UK would sort prices *inclusive* of postage - this misleading price sort has been going for many, many years. Failing that, at least set price minimums (e.g. 49p without postage and 99p with postage).

    1. Re:Probably had 10 pounds postage too.... by jratcliffe · · Score: 1

      Weird, because Amazon in the US sorts on price+shipping, not just on price. It works out to the same thing for some products (i.e. books), since shipping outside of Prime is a standard $3.99. It will, however, include Prime, so if you have a book selling for $0.01, with $3.99 shipping, that would rank below a book that qualified for prime with a price of $3.98.

    2. Re:Probably had 10 pounds postage too.... by Xest · · Score: 1

      Amazon UK does too, I have no idea why the GP thinks it doesn't.

  28. Oblig. BBT by seven+of+five · · Score: 1

    "Penny?" knock knock knock. "Penny?" knock knock knock. "Penny?"

  29. Re:Amazon is run by Nazis by metrix007 · · Score: 1

    On Amazon, normally as soon as you click purchase your card is charged.

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  30. Re:Amazon is run by Nazis by Anonymous+Brave+Guy · · Score: 1
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  31. Question by hey! · · Score: 1

    If you saw an item that should cost $10 priced at $0.01, and you believed the listing erroneous, would you take advantage of the error to get a quick bargain? What if the item should actually cost $1000?

    If so, what is your justification?

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    1. Re:Question by Anonymous Coward · · Score: 0

      Its called greed, many people can justify it to themselves as long as the mistake is in their favour. however reverse the situation and watch those same people scream about the injustice and how they should not just receive their money back but additional compensation as well.

  32. Re:Amazon is run by Nazis by metrix007 · · Score: 1

    Fair enough.

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  33. Re:Amazon is run by Nazis by The+Grassy+Knoll · · Score: 2

    The downside is that it has taken TD nearly 2 weeks to refund my money each time I have tried this, in spite of their stated policy to refund within IIRC, 48 hours.

    I am greedy and played unfair with a company, now they're playing unfair with me. Wah!

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  34. Re:Amazon is run by Nazis by metrix007 · · Score: 1

    Well, no, that's not true. TD often advertises fake prices just so they can upsell. Taking advantage of a price as advertised, even knowing it's likely to be changed isn't not playing fairly.

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  35. Re:Amazon is run by Nazis by metrix007 · · Score: 1

    Those things don't tend to stand up in court, fyi.

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  36. Re:Amazon is run by Nazis by FlyHelicopters · · Score: 1

    Can you find a case where this was brought to court?

    I highly doubt most people would bother to sue, but you're welcome to try.