Last year, Shenzhen Chow Tai Fook online technicians mislabeled the price. The price of gold jewelry in the online store was much lower than the daily price. A couple bought gold jewelry at a low price.
The couple was reluctant to cancel the order, but they were sued by Chow Tai Fook. Recently, the mainland court ruled to revoke the online shopping contract signed by the two parties.
After the above-mentioned incident, it caused discussion among netizens.
Looking through the information, there have been similar incidents of "mis-marking" in Hong Kong, but merchants have different ways to deal with them.
On New Year's Day in 2019, Cathay Pacific mistakenly sold several sets of business airline tickets at a price of less than 10% off. In the end, Cathay Pacific was willing to "find the numbers" and won applause from netizens; Fortress online store also mistakenly listed most of the products in 2018 The list price of 298 yuan was sold online, including the iPhone, and the order was eventually cancelled and the affected customers were compensated.
The Consumer Council replied that, in general, once the two parties have entered into a contract, the contract should be considered valid and binding on both parties.
However, based on the "law of mistake" under contract law, if one party has a wrong understanding of the terms of the contract when the contract is concluded, and the other party knew or should have known, the mistake may make the contract invalid, At that time, the wrong party can apply to the court to rescind the contract.
A spokesman for Chow Tai Fook Jewellery Group replied that the incident has caused inconvenience to customers and is deeply sorry for this.
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According to mainland media reports, Shenzhen Chow Tai Fook mislabeled the price of gold jewelry. A couple bought 12 pieces of gold jewelry with an original price of about 250,000 yuan for more than 40,000 yuan.
Chow Tai Fook then informed the couple that it was the technical staff who made mistakes and asked to cancel the order, but was rejected; later he mentioned that he would provide compensation, but the negotiation was always unsuccessful, so Chow Tai Fook sued the court.
Finally, the court recently ruled to revoke the shopping contract entered into by the two parties.
In response to the incident, a spokesman for Hong Kong's Chow Tai Fook Jewellery Group replied to "Hong Kong 01" saying that the incident has caused inconvenience to customers, for which we are deeply sorry, and the group will be more cautious to avoid similar incidents.
Cathay Pacific once "marked the wrong price" for less than 10% off first-class and business-class air tickets and received applause
The incident of “mismarking the price” in online stores also occurs from time to time in Hong Kong. The most classic one was on New Year’s Day in 2019, when an error occurred in Cathay Pacific’s computerized ticketing system, and business seats were sold at a discount of 10% below the original price.
Cathay Pacific later admitted that it made a mistake, but was willing to "find the numbers" and did not cancel the transaction. The lucky customer successfully purchased the ticket at a low price.
Afterwards, Cathay Pacific also posted a self-deprecating post on Facebook and other social media, laughing at the launch of a pop-up event "First Class and Business Class Air Tickets with a New Year's Limited Time", and said that "you have to recognize your mistakes since you were a child."
Fortress "wrong price" to cancel the order to compensate 300 yuan cash coupon
As for the chain electrical appliance retailer Fortress, there was also a similar "mis-marking" error in 2018, with a large number of products on sale at 298 yuan, including iPhones and MacBooks.
However, Fortress pointed out at the time that due to the website failure, it decided to cancel all related orders and provide 300 yuan cash coupons to affected customers as compensation.
The Consumer Council replied that, in general, once a contract has been entered into, the contract should be considered valid and binding on both parties.
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Consumer Council: Wrong party can apply to court to rescind contract
The Consumer Council replied that, in general, once a contract has been entered into, the contract should be considered valid and binding on both parties.
However, based on the "law of mistake" under contract law, if one of the parties has a wrong understanding of the terms of the contract when the contract is concluded, and the other party knew or should have known the mistake, the mistake may If the contract is invalid, the wrong party can apply to the court to rescind the contract.
However, whether there is an error, and whether the buyer knew or should have known about the error, the Consumer Council pointed out that it must be determined on a case-by-case basis, including whether the buyer is familiar with the product, or has previous buying experience, and the merchant's statement about the product, etc. It cannot be generalized.
The Consumer Council continued to point out that if a merchant refuses to sell the goods at the agreed low price, it is recommended that all parties remain calm and vigilant, collect evidence rationally, make a reasonable assessment of the situation, and seek a mutually agreed solution. If the two parties fail to reach an agreement , can seek mediation or settlement, and can seek legal advice to understand its rights and obligations, so as to negotiate more effectively.
Barrister Lu Weixiong (file photo)
Barrister Lu Weixiong: Seller refuses to deliver goods can be subject to civil claims
Barrister Lu Weixiong said that Hong Kong adopts common law, and the focus of the incident is not whether the price is wrong, but whether the contract has been completed. If the consumer has paid the relevant fees, the contract has been completed and cannot be overturned at will.
He went on to point out that consumers may not know that the price is wrong, and "think you have a big price cut"; if the seller refuses to deliver the goods, he said that he would violate the contract and could be subject to civil claims.
Lu Weixiong also said that sellers can negotiate to resolve the cancellation of transactions outside the law, such as honestly indicating to the buyer that the price is wrong, and providing discount advantages, hoping that the other party is willing to cancel the transaction.
He also said that if the computer program fails and the price is wrong, the seller should continue to trade, but he can also recover the loss from the manufacturer of the computer program.
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