Hello, I recently used an online site that offers 50% products, if certain requirements (a certain number of users log-in) are reached, and the purchase is made through the link on their site. A "system glitch" said that the requirements were made, although, unbeknownst to me, they were not. I was awarded the 50% off and made the purchase through the site. The following day, an e-mail was sent notifying of the glitch, saying the offer was no longer valid. The site has the following under the terms of use:
4.7 In the event that the special offer reservation system malfunctions or there are other problems with a special offer involving, by way of example but not by way of limitation, an error in the number of available offers whether caused by a technical (hardware or software) error or by human error, COMPANY reserves the right to cancel the special offer, not recognize any reservations, and/or reverse any transaction or benefits it may have awarded.
It is my understanding that this could be considered a breach of contract, as "A contract is created when one party makes an offer, and the other party accepts the offer. ... When one party fails to live up to the promises made in a contract, or fails to properly execute his of her part of the agreement, the contact is said to have been breached. The party who breached the contract is then liable to the other party for damages. ... The basic principle in contract damages cases is to put the non-breaching party in as good a position as the would have been had the other party not breached the contract." Can someone please let me know if this is the case, and if so, if legal action could be taken, such as a small claims court case? Thank you very much.
Submitted by FireGuy85 on Sat, 12/04/2010 - 03:04
Posted in

terms of use and contract
In my opinion (take with a grain of salt, as I have not seen the website or read the entire terms of use document), is that a website can require users to adhere to certain terms of use that, like a contract, are binding on the parties. If you disagree you can try calling the Massachusetts Office of Consumer Affairs and Business Regulation's Consumer Hot-line at 617-973-8787.