Legal Question in Consumer Law in Texas

Cancellation of Sale

I ordered wedding gown on a site which indicating the price is $0 when I used their catalog search for price range $0-999 (is one of the predefined price ranges on their site). The search returned with a set of gowns including the one I was ordered for the price of $0. The cost of shipping for this gown was $60 and I paid it with my Visa. Then called and left a message for me to call them back after 3 weeks. I called them back, and they told me that somehow the order process did not charge me for the gown price, so they tried to charge my Visa in an amount of about $2,200 but has been declined. I told them that the price was $0 so they should not charge me any unauthorized charges. And they said that was a mistake so they will cancel my order and will refund the shipping cost. So I complaint to them about taking while before notify me of the order which was not my mistake. They said, the website has a disclaimer about ''typographic error'' so they are going to cancel my order anyway. I am very unhappy about the way they handled their mistakes and I have printed order showing $0 for the price and they do have price range $0-999 on their site. Is there any legal action I can take against them for being unkindly handle their mistakes?


Asked on 1/13/04, 1:11 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Cancellation of Sale

You have no reasonable right to sue. Any reasonable person would have known that one cannot get an expensive wedding gown for nothing. They are being reasonable in returning your shipping deposit. You are not being reasonable.

My editorial: Your lack of maturity in handling this issue may be indicative of your lack of maturity to handle the adult responsibilities of marriage. I strongly urge you and your fiance to get some premarital counseling.

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Answered on 1/13/04, 3:40 pm
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Cancellation of Sale

Sellers do not have to honor prices published by honest mistake, including those published through typographical errors. No reasonable consumer would have expected to receive a wedding gown for free and the law does not require a vendor to honor that price. Evidence of bait and switch or other wrongdoing by the seller was shown here. In the future, you might keep in mind that if it looks too good to be true, it probably is. Or, at least contact the seller to confirm price and availability.

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Answered on 1/13/04, 3:51 pm


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