Must a vendor honor what is stated on an invoice?
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Must a vendor honor what is stated on an invoice?
I purchased a sewing machine on-line and it indicated that I would also receive 8 presser feet, 12 spools of thread, and 10 needles with it. It clearly shows this on my invoice that I can pull up under my account on the vendor’s website. They did not send the items, and the owner of the company says it was a typo, and because their site says they reserve the right to correct typos without notice, they don’t have to send me what my invoice says was part of my purchase. Is this legally right?
Asked on April 29, 2011 under General Practice, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It sounds to me like you have a very good case against them. It is one thing if the advertisement on line was not reduced to a writing - the invoice - but it was and it clearly states what you are entitled to receive with the order. So I would write a letter and insist that they send you the goods. If they refuse I would contact your state attorney general's office and speak with someone in the consumer fraud division. I would also go on line to their site and I would print out the ad if it is still there. If it was a "typo" as they say should they not remove it from the site as soon as it is brought to their attention? Sounds like a bait and switch to me. Good luck.
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