Customer irked by slow flying drone deal
Can an online retailer unilaterally cancel your purchase?
Carl Starke was annoyed when his purchase of a discounted R18,000 drone he’d ordered from SA’s biggest online retailer, Takealot, was unilaterally cancelled two days later, due to a stock shortage.
He was even more annoyed to see the identical drone advertised at R25,800 soon afterwards.
Takealot said a refund was his only recourse, because “the product that is available now is being sold by a different seller for a different price”.
And then he was sent the retailer’s terms and conditions: “Should there be any errors, which are not due to our gross negligence, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid . . . ”
Three years ago, SAA’s online site mistakenly discounted business class tickets from Jo’burg to Dubai to R858, when the normal price at the time was more than R30,000.
Many commentators insisted the airline was legally obliged to honour that low price, because, they argued, “the price you see is the price you pay!”.
Actually, the Consumer Protection Act says no such thing.
What it does say is this: “If a price as displayed contains an inadvertent and obvious error, the supplier is not bound by it after correcting the error in the displayed price; and taking reasonable steps to inform consumers to whom the erroneous price may have been displayed of the error and the correct price.”
Commenting on the SAA case at the time, CPA attorney Janusz Luterek said: “It is not the purpose of the CPA to allow consumers to exploit suppliers.”
I put it to Takealot that the advertised price Starke paid for that drone was not a glaring error and thus he could not be accused of intentionally exploiting a mistake.
Responding, Takealot said it decided to honour the original price quoted to Starke.
“There was human error involved in the matter,” it said.
“Before a product goes live, a listing is drafted. If a recommended selling price is not confirmed, a ‘holding price’ is entered for updating before the product goes live.
“The listing was unfortunately approved in error before the price was confirmed.
“In the case of this product, the supplier sets a global price which Takealot was required to adhere to.”
Takealot said operators have a number of standard communications they can choose from to update customers.
Because there wasn’t one to cover the reason for Starke’s cancellation, he got that inaccurate response about stock shortage, followed by that different retailer one.
“The company reviewing its systems to ensure a greater level of explanation,” Takealot said.
I’d suggest that online retailers give the benefit of the doubt to customers who place orders based on a price that could feasibly be a “special”, before whipping that wrong price off the site as quickly as possible.
An end to overseas subscriptions?
If you’re thinking of subscribing to an international publication, here are a couple of cautionary tales which suggest that it’s become far too great a risk, if the publication is to be posted to you.
In April, Johnny Matthews paid more than R2,700 for an annual subscription to a UK weekly magazine, to be sent to the Plettenberg Bay post office.
Since then, he’s received a grand total of one copy.
The publisher insists it has sent one every week, and offered to start the subscription afresh when Matthews complained. Still nothing.
Matthews’ local post office said the Jo’burg sorting centre had been on a go-slow for months, when not on a total strike.
He wrote to the SA Post Office CEO Mark Barnes to request a refund of his subscription fee.
That went unanswered, as did his suggestion that it publicly announce that it can no longer undertake to reliably deliver parcels from abroad.
Dr Naresh Madhoo of Port Elizabeth has had a similar experience.
He rents a box at the Korsten post office, and for six years he’s received four magazines from the UK every month, and more recently a monthly journal.
“But during May, I only received two, and then nothing for June and July. I was told that they put whatever they get into my box immediately.
“I have tried the Post Office’s toll free post office number, but nobody picks up. And emails to the email address provided have bounced – customer.services@postoffice.co.za.
My emails to the PO’s media office on this issue have not been responded to either.
Takealot said it had decided to honour the original price quoted to Starke