Sears.com accidentally prices iPad at $69

**Curt James** · 07-17-2011, 01:43 PM

Sears.com accidentally prices iPad at $69

July 16, 2011
By Leslie Tripp, CNN

That low price got the attention of web shoppers and the deal went viral on Twitter and other social media websites.

You know the old saying -- if a deal is too good to be true, then it probably is too good to be true.

That's what happened to a major retailer's online shoppers Friday afternoon.

Sears.com inadvertently advertised Apple's 16GB iPad 2 for $69, much less than the regular advertised price of $744.99.

That low price got the attention of web shoppers and the deal went viral on Twitter and other social media websites.

Many people took advantage of the unbelievable deal, though a Sears spokesperson couldn't give an exact number.

Friday night, Sears posted a statement online telling customers the error was made by a third-party vendor and the deal will not be honored.

"We want you to know that, unfortunately, today one of the Marketplace third party sellers told us that they mistakenly posted incorrect pricing information on two Apple iPad models on the Marketplace portion of the website. If you purchased either of these products recently, your order has been cancelled and your account will be credited," the statement said.

Paula Knight of Riverview, Florida, was one of the disappointed customers. Her son has Asperger's syndrome and relied heavily on his iPad for his schoolwork, until it was stolen a few months ago.

So when Knight's friends told her about the great deal on Sears.com, she said she jumped on it.

Knight said immediately after she paid for the iPad, she received e-mail confirmations from both PayPal and Sears.

About six hours later, Sears sent her an e-mail to tell her that her ordered was canceled because of the mistake.

"I shop online all the time and I've never had anything like this happen," Knight said. "They want to blame a third party, but the order confirmation e-mail I got was from Sears."

"They are a huge company I thought I could trust and rely on," Knight said. "But if they don't honor this, I won't ever shop at Sears again. I just want my order honored."

From CNN.com

###

Should Sears honor the advertised price or are the customers being unreasonable?

**Prince** · 07-17-2011, 02:04 PM

legally speaking don't they have to honor that price to all of those that bought it since it was their error?

**Bigbully100678** · 07-17-2011, 02:07 PM

They absolutely should honor it for anyone that bought one online like the lady mentioned in the ad. It's not her fault there was a misprint. It may not have been their fault either, but they hired the third party.....charge it to them.

**troubador** · 07-17-2011, 06:21 PM

Originally Posted by Prince

legally speaking don't they have to honor that price to all of those that bought it since it was their error?

I don't think so. I believe the plaintiffs would have to prove some sort of injury resulting from it and the buyers aren't out anything as the money was refunded.

I don't think 'false advertising' was created to target mislabeled prices despite what most people think, especially when it's not intentional. There's generally no incentive for the retailer to mislabel prices anyway. For instance, you see a giant LED TV with a sticker on it that says five dollars; the only thing that will happen when you try to buy it is they will tell you it's not that price and you will leave mad. Now if you bought a TV advertised as an LED TV and it turned out it was just a regular LCD then that would be false advertising.

**bulldogz** · 07-17-2011, 06:44 PM

I do believe they would have to honor the price which was posted on the website, they are tryin to get around it by sayin it was a 3rd party posted it...

Same shit if you go into any other retail store and an items had a price tag on it which is or priced incorrectly...they have to honor it...my girl friend is notorious for makin them own up to their mistake and pay what's printed on the price tag...

**SilentBob187** · 07-17-2011, 06:56 PM

Originally Posted by bulldogz

my girl friend is notorious for makin them own up to their mistake and pay what's printed on the price tag...

For the record, I hate your girlfriend and everyone like her. For all I know she placed something in front of a wrong price tag and then came to the front raising hell over it.

People should be required to work retail, be paid minimum wage, forced to live in poverty, and have shop at Goodwill for at least one year of their life so they can gain some perspective on what is important in life. Damn cry babies.

**maxpro2** · 07-17-2011, 07:08 PM

Originally Posted by Prince

legally speaking don't they have to honor that price to all of those that bought it since it was their error?

Probably not. To form a contract, you need offer, consideration (money/product here), and acceptance. Generally, the item appearing on the website is simply an advertisement---it is not a contractual offer. The placing of the order by the customer is the offer. The contract is not formed until Sears accepts the customer's offer.

What's a little more tricky is whether the automatic confirmation email constitutes acceptance by Sears. I really don't think a court would see an automatic email as acceptance. Also, the terms that the customer agreed to probably dictate the form of acceptance; namely, that Sears only accepts the offer when it ships the goods.

**irish_2003** · 07-17-2011, 07:09 PM

they should honor it, but limit the number of items per customer

**maxpro2** · 07-17-2011, 07:13 PM

Originally Posted by troubador

I don't think so. I believe the plaintiffs would have to prove some sort of injury resulting from it and the buyers aren't out anything as the money was refunded.

If there was a valid contract, which there probably wasn't as explained in my post above, then the buyers certainly have injury for Sear's breach. They would be entitled to $675.99 ($744.99 minus $69).

But again, there wasn't a contract here. Sometimes a court might find a contract if there was intentional wrongdoing, like bait-and-switch advertising. But none of that seems present here. This was negligence at best.

Originally Posted by troubador

I don't think 'false advertising' was created to target mislabeled prices despite what most people think, especially when it's not intentional. There's generally no incentive for the retailer to mislabel prices anyway. For instance, you see a giant LED TV with a sticker on it that says five dollars; the only thing that will happen when you try to buy it is they will tell you it's not that price and you will leave mad. Now if you bought a TV advertised as an LED TV and it turned out it was just a regular LCD then that would be false advertising.

Right. They can reject selling you the TV for $5 because the price sticker is not a contractual offer---it is merely an advertisement.

**SloppyJ** · 07-17-2011, 07:17 PM

So how does an autistic kid benefit from an iPad?

**DOMS** · 07-17-2011, 07:24 PM

Originally Posted by Prince

legally speaking don't they have to honor that price to all of those that bought it since it was their error?

I'm not 100% certain, but I think it's covered under the Bait & Switch laws.

**SloppyJ** · 07-17-2011, 07:26 PM

But isn't the point of a bait and switch to keep the money? They refunded.

**GearsMcGilf** · 07-17-2011, 07:34 PM

Nah, a mistake was made. It's an embarrassment and they owe an apology to all the people who were sucked in by the mistake. But, I don't see where they would have any legal obligation to honor it. Someone clearly fucked up, but it was still an accident and no one was harmed by it. Using an autistic child as the poster boy for sympathy doesn't change the fact that it was an honest mistake.

**DOMS** · 07-17-2011, 07:49 PM

Originally Posted by SloppyJ

But isn't the point of a bait and switch to keep the money? They refunded.

That's why I'm not so certain. Bait and switch isn't just about keeping the money from the sale, it's about getting you into the store, so they can try to sell you a more expensive item. Yeah, there are honest mistakes, but a bait and switcher can claim that it was a "mistake." But it's clear that the iPads were far below the MSRP. So yeah, I'm not certain.

**AdmiralRichard** · 07-17-2011, 08:48 PM

Originally Posted by SilentBob187

For the record, I hate your girlfriend and everyone like her. For all I know she placed something in front of a wrong price tag and then came to the front raising hell over it.

People should be required to work retail, be paid minimum wage, forced to live in poverty, and have shop at Goodwill for at least one year of their life so they can gain some perspective on what is important in life. Damn cry babies.

**AdmiralRichard** · 07-17-2011, 08:50 PM

Originally Posted by DOMS

That's why I'm not so certain. Bait and switch isn't just about keeping the money from the sale, it's about getting you into the store, so they can try to sell you a more expensive item. Yeah, there are honest mistakes, but a bait and switcher can claim that it was a "mistake." But it's clear that the iPads were far below the MSRP. So yeah, I'm not certain.

On sale day most stores only have 1-2 of the sale item shipped so hey can up sell

**DOMS** · 07-17-2011, 08:54 PM

Originally Posted by AdmiralRichard

On sale day most stores only have 1-2 of the sale item shipped so hey can up sell

I don't know how it is Oz, but unless that say that quantities are limited, it's illegal to do so.

**GearsMcGilf** · 07-17-2011, 08:55 PM

Originally Posted by SloppyJ

So how does an autistic kid benefit from an iPad?

He can keep it with him and watch Judge Wapner promptly at 7:00 on the Ipad and memorize the entire internet while he's at it.

**AdmiralRichard** · 07-17-2011, 09:00 PM

Originally Posted by DOMS

I don't know how it is Oz, but unless that say that quantities are limited, it's illegal to do so.

Nope how can they predict selling all the Tv's what if that happens? the run around they will order it and it will take a few weeks

**KelJu** · 07-17-2011, 09:35 PM

The law is majorly fucked in this respect. I thought false advertising was illegal, but apparently companies falsely advertise constantly. I went to a car dealership a few months ago when I was considering trading in my Impala. Holy fuck me Freddy, those car dealers blatantly lie through their teeth. How can you advertise a car on the dealer's website for $399 a month for x amount of months with good credit, but then turn around and try to sale the car for thousands more once you have the customer in the door?

They justify it with their fast talking guy at the end of the commercial and the tiny text at the bottom of the screen that nobody can read which basically says in layman's terms:

"This entire advertisement is a steaming pile of bullshit. We are in no way responsible for anything we said in this commercial. We hold the right to lie to you and do whatever the fuck we won't to do, and you can't do anything about it. Now bend over so we can ass rape you with our corporate cocks! That's right, take it, TAKE IT YOU WORTHLESS FUCKING CUSTOMER, TAKE OUR BIG CORPORATE COCK IN YOUR BLEEDING ASS!

George Carlin said it best. "Whoever coined the phrase buyer beware was probably bleeding from the asshole!"

**myCATpowerlifts** · 07-18-2011, 03:26 PM

Of course they should honor it. Their mistake.
This happens ALL THE TIME on other websites.

Perfect example - Newegg.com

I've been going to this place for years and years for PC components...

Something like this happens every couple months there, and they ALWAYS honor it.

**DOMS** · 07-18-2011, 03:43 PM

Originally Posted by myCATpowerlifts

Of course they should honor it. Their mistake.
This happens ALL THE TIME on other websites.

Perfect example - Newegg.com

I've been going to this place for years and years for PC components...

Something like this happens every couple months there, and they ALWAYS honor it.

I only buy computer parts from NewEgg. Their customer service is #1. Not to mention the low prices.

**ceazur** · 07-18-2011, 06:02 PM

ha hel no they shouldnt honor it. Then you'll have ppl sayin they should get the same deal. I'd flip em the bird and keep on truckin

**maniclion** · 07-18-2011, 06:29 PM

If anyone thought they were gonna get an IPad for $69 then they should be ashamed for trying to make off on the error instead of bringing it to Sears' attn...

**big60235** · 07-18-2011, 06:29 PM

It sucks for all those that tried to buy a iPad for $69 but come on they knew it was a shot in the f@$king dark. In the term and conditions of almost every online purchase it says that the store is not liable for misprinted pricing. Check any of the 50 sales flyiers in your mailbox today and it will say the same thing in the fine print somewhere. This happens all the time, most stores just honor the price difference because it usually pennys' and its not worth there time to fight it. Now in Sears case it would cost them $680 per unit (the last number of units I heard on the radio was 100,000) multiplied by 100,000 and a struggling Sear lost $68 million. That could have bankrupted Sears with the financial problem they are already having.

**big60235** · 07-18-2011, 06:33 PM

There was a report that 1 person bought 5,000 iPads on his American Express and was going to list them on eBay for $500 each. That would have turned $345,000 into 2.5 million.

**Zaphod** · 07-18-2011, 07:03 PM

Originally Posted by bulldogz

I do believe they would have to honor the price which was posted on the website, they are tryin to get around it by sayin it was a 3rd party posted it...

Same shit if you go into any other retail store and an items had a price tag on it which is or priced incorrectly...they have to honor it...my girl friend is notorious for makin them own up to their mistake and pay what's printed on the price tag...

In some states they have laws where if you buy something and it rings up for more than it is tagged they must refund you the difference plus some multiple of that amount up to a certain limit. It's to keep stores from fucking you in the ass.

**TheGreatSatan** · 07-18-2011, 09:15 PM

Definitely not. The customer is not always right. Fuck the customer!

P.S. I work in retail

**KelJu** · 07-19-2011, 11:01 AM

Originally Posted by myCATpowerlifts

Of course they should honor it. Their mistake.
This happens ALL THE TIME on other websites.

Perfect example - Newegg.com

I've been going to this place for years and years for PC components...

Something like this happens every couple months there, and they ALWAYS honor it.

Wow, that is nuts. I just made a Newegg order before coming to check IM. Let me take a moment to say Newegg is the shit! Their prices are low, their selection is incredible, their customer service is great, and their shipping speeds are fucking insane.

It is not uncommon to order a part that has free shipping, and get the part the next day. I think they made a pact with the devil to get futuristic teleportation technology. It is the only way to explain how they are able to ship so fast.

**SFW** · 07-19-2011, 11:36 AM

Any retard who actually thought they would purchase an ipad for that price needs to be kicked repeatedly in the ribs.

Its gotta be a bunch of fat, minority women.

until it was stolen a few months ago.

Stupid bitch should of activated mobile me and the online services/location crap. I personally dont give a fuck if someone steals mine, id rather have a device that i can watch porn with. Fucking non-flash playing piece of shit!

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