OfficeMax recently had a TomTom 910 GPS Navigation unit for sale on their website for $59.00. This unit retails for $499.99. Not surprisingly, I jumped on this deal and bought 2 of them.
Several minutes after purchasing the units, OfficeMax removed the listing from their site and needless to say 1 day later I get an email advising that the order has been canceled due to a pricing error, but not before OfficeMax authorized money from my account and sent me an email confirmation.
I have read several posts on this site that deal with pricing errors, but this is slightly different so I'm hoping to get new insight.
When calling OfficeMax to inquire as to why my order had been canceled, they directed me to a section within their terms of service:
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I pointed out to the CSR that NO where within that Term does it advise that OfficeMax can cancel an order due to errors on their part. I asked if OfficeMax had an "Error Pricing Policy" which I BELIEVE is required by the FTC but they have no idea what I'm talking about when I ask for that.
Furthermore, another term from within the terms of service states:
PURCHASE. Upon OfficeMax's acceptance of a Customer's order, a firm contract for the purchase and sale of the Supplies will be formed between OfficeMax and Customer, and shall incorporate all the terms set forth herein.
So, my question is: Considering the fact that OfficeMax has entered into a "Firm Contract" to provide the goods or services AND the fact that NO WHERE in their terms does it state that they can cancel an order at any time due to a pricing error..... Are they still required to provide this item the cost quoted?
OfficeMax is governed under Illinois law and I reside in the State of Colorado.