If a business not sending mechandise that I paid for, do I have a case?

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If a business not sending mechandise that I paid for, do I have a case?

I ordered a bunch of shoes from designer shoe warehouse. These items were all $0.01. They were on their website, and available for purchase. They cancelled my orders the next day, and told me they would not send them because it was a “mistake” to have them on their website, and they were no longer available to the public, even though they clearly were. I was able to purchase these shoes, and they charged me. Not to mention, they sent me a few pairs, but said they would not be sending the rest. It seems like something is not right about this. Is there any legal action I can take?

Asked on December 12, 2011 under Business Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If you actually paid the penny for all these shoes and you actually received some of them but not all, I suggest that you contact a representative of the seller as to when you will be receiving the balance.

One issue is that the seller is taking is that there was some mistake in advertising of the shoes for the penny and will use that as a defense in not honoring the balance of the shipment. The issue is whether or not you knew or should have known that the sales price was a mistake. If there was no shipping costs for the shoes, then you should have realized that there was some mistake in the price.

For example, if the price was a penny for the shoes, but the shipping costs was stated to be $30.00 per pair, the reality of the circumstances under this example would be that the actual purchase price was placed on the back end of the deal as "shipment" where in reality it was the purchase price.


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