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Old 05-10-2012, 09:09 PM   #23
amwilkie   amwilkie is offline
 
Join Date: Feb 2012
Location: Chilliwack, bc
Posts: 15
Good to see you picked up an X35! I can speak from my own knowledge of the criminal code and civil law in a situation like this and unfortunately there isn't much you can do.

The RCMP will not get involved in civil matters. Even if you purchased it and they didn't send you the bike, it would still be a civil matter and the Police would not get involved.

As far a civil action, you have no argument in small claims court. When a product is advertised online it is advertised as an offer to buy. The sale is not completed and the offer has not been accepted until payment is received by the seller. Businesses do have the right to refuse service. The same can be said for products that you purchase in store. If you take it to the till and the sales person notes there is a pricing error they can refuse to sell you that product at that price. This is not to say that some businesses wouldn't honor the mislabeled price to uphold good customer service. Some States may have laws regarding this and may protect consumers for in store purchases, but as far as I know BC doesn't have laws forcing businesses to honor a pricing error. There was a similar case where a few people purchased 2 speakers for $99 from the Future Shop online store. It turned out to be a pricing error and the ad should have been for 1 speaker only. Future Shop eventually did honor the offer, but only to maintain good customer service, They were not legally obligated to.

The only thing I can think of that would be against the law would be if mislabeling prices was being used as a business practice to lure customers in. Then again you would need to prove that is common practice for them.

I agree what you encountered doesn't seem very honest and is poor customer service on their part. Your best bet would be to report it to the BBB and Consumer Protection BC http://www.consumerprotectionbc.ca/c...lving-problems


 
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