Under Australian law this would have had to be honored by HP
Are you saying that nobody breaks the law in Australia?
If they keep refusing you can start reporting them to various authorities such as ACCC and they start wearing penalties and have to deliver anyway.
That’s right, we got it out of our system more than a century ago.
(TBH for a country settled by supposed crims, Aus is a surprisingly law abiding place)
Everyone makes mistakes and that fact is recognized under German law for situations like that (https://de.wikipedia.org/wiki/Erkl%C3%A4rungsirrtum). But of course, the customer should then be reimbursed.
All too often large companies can make these kinds of 'mistakes' while the consumer can't.
Offline you do not have this right, but a lot of retailers still have money back/voucher guarantees for 14 days.
Could Lands End have kept its lifetime return policy in Germany under this law?
Take this with a grain of salt, the law is pretty old in Germany and I have heard different things why it was introduced. Also the eu directive is lot newer.
- you can try things out in a shop, you can't online
- it comes from door salesman Which liked to pressure people into buying stuff
- was extended to support local businesses as an added cost to sell online
>Could Lands End have kept its lifetime return policy in Germany under this law?
Don't know about that policy/any details, but sure.. why not? Laws only define a minimum, not a maximum service level
Then you have to ask the seller to repair it for up to 2 years (1 year the manufacturer has to prove you destroyed the device if he does not want to repair it, 2 year you have to prove that's it's a manufacturing defect)
After 3 attempts, they have to give you your money back.
> Assuming that an incorrect advertised price is truly an error rather than an attempt to deceive, companies are only obligated to honor it if a customer makes an offer at that price and the company accepts it. This exchange creates a contract between buyer and seller.
> In a store, customers make an offer simply by indicating they want to buy an item – for example, by bringing it up to the register – and the company accepts the offer by ringing up the sale. In the brick-and-mortar world, contracts don't get formed around pricing errors because the store just won't ring up the sale. But online selling, in which transactions are processed automatically, has added a new layer of complexity to the issue.
and
> When an e-commerce website has had an incorrect price entered into its database, it can end up not only advertising that price but also accepting orders and charging customers' credit cards for that amount. The central issue here is whether retailers can void the contract created when orders were accepted.
> The easiest way for a company to deal with such situations is to have website "terms of use" that clearly state the company can cancel orders and refund customers' money because of pricing errors (or for any reason). Otherwise, a common law doctrine known as "unilateral mistake of fact" applies. This doctrine allows a party to a contract to set aside the contract if honoring it would be "unconscionable," or if the other party could have reasonably assumed it was a mistake. A $1,000 item advertised for $10 likely would meet this definition.
[1] https://smallbusiness.chron.com/company-advertising-price-wr...