Below is the remainder of Henry Posner's message to the PDML. Paul
@John Sessoms "As long as the reseller is a subscriber and can convince "reseller ratings" they are adhering to that code of ethics, negative comments won't stick." You are mistaken. I have the option to reply publicly or via email regarding any negative comment and if a comment violates the site's published rules (see http://www.resellerratings.com/terms.pl) I can ask it be taken down until modified to conform, but otherwise I have no more ability to have a negative review deleted that anyone else here does. >From Benjamin Groebner, Oops! The Legal Consequences Of and Solutions To >Online Pricing Errors, 1 Shidler J. L. Com. & Tech. 2 (May 26, 2004): Using Terms and Conditions to Avoid Loss As the first level of protection, Amazon.com and other online retailers have successfully employed protective terms and conditions which they invoke to avoid honoring pricing errors. Their websites include legal pages with disclaimers reserving the right to refuse to honor pricing errors. For example, Amazon.com's site lists its pricing policy under its Conditions of Use. It states that despite Amazon.com's best efforts, a small number of items may be mispriced and if an item's correct price is higher than their stated price, they will, at their discretion, either contact the purchaser for instructions before shipping or cancel their order with notification. The Equitable Doctrine of Unilateral Mistake Defined When online retailers make honest, good-faith pricing mistakes that result in huge losses to the benefit of opportunistic online shoppers, their mistake could be grounds for rescinding the unfavorable contract under the doctrine of unilateral mistake. One party's mistake can make the contract voidable when the mistake concerns a basic assumption on which the contract was formed and has a material effect on the agreement that is adverse to that party ... Rescinding the contract is the only available remedy under unilateral mistake ... See also http://law.anu.edu.au/colin/lectures/mistake.htm In closing, we regret the situation discussed in the resellerratings post which initiated this discussion and regret too having disturbed Igor and others here. Since this is my first post here, I hope I may be forgiven if I did not conform to the group's generally accepted style for doing so. -- - regards, Henry Posner Director of Corporate Communications B&H Photo-Video, and Pro-Audio -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
