Last week I noticed a ridiculously low price online for a well known, well respected cigar (#10 on Aficionado's '09 Top-25 with a 92 rating). This was from a trusted overseas site I've ordered from before. I couldn't resist, and ordered 10 boxes (of 10 each) at what would net to about 1/10th of standard pricing with the shipping charge added in.

I figured the price was probably a mistake, but imagined it could be a crazy, but legitimate loss-leader... or there because something was wrong with the cigars. Thought I'd take my chances either way... like even if the vendor found problems, maybe they only spot checked and I might get lucky and get good ones... and if the price was a mistake the order would be canceled and refunded instead of shipped. If I got them but they were crappy... well okay, my mistake... tough luck. DYODD. No carping allowed when you think you're getting an edge. Right?

I got a shipping notice on Friday that said my order had been shipped (in several packets). Since the vendor seemed happy enough and had shipped my first order, temptation took over and I placed another order for 15 more boxes.

Well, I got an email today saying that the price was, in fact, a mistake, but that 4 boxes had been shipped. They noted what the price was supposed to be, about 16x the invoice price. They asked if I would like the orders at the normal price, not really making clear whether they intended to honor the original price on the ones they'd already shipped. I answered that I only ordered them because of the advertised price and that I'd expect a full refund on the unshipped boxes including pro-rated shipping charges.

This vendor has a flat-rate shipping fee regardless of how many boxes are ordered, and it works out more than the advertised price of the 4 boxes that were shipped. It's also part of the reason I ordered as many boxes as I did. Might have gone for a test order first otherwise. I only order from this vendor when I'm getting enough at once to mitigate the high shipping fee.

More than that, I fear the vendor will refuse to refund any of my money. The total charge on the two orders works out to about 1/2 of the regular cost with shipping for the 4 boxes already on the way. No doubt, that would still be a good deal and they may try to claim that's sufficient penalty for their mistake. However, my cigar budget for the month was already blown and I would not have ordered any at this time, not even 4 boxes at 1/2 price.

So, am I wrong?

• Was I wrong to jump on a price I knew might be a mistake?

• Am I wrong to expect to get those boxes that were shipped at the price I was originally invoiced and charged?

• Am I wrong to expect the vendor to pro-rate the shipping fee on the partially shipped order?

You're not wrong imo

No


No


Yes. If you mean that there is a $15 shipping charge for any order....and you were charged $15. On the flip side, if you mean that there is a flat rate $5 charge for each box ordered, then yes, you should only be charged for what was shipped.

not exactly sure how to read the shipping charges...




P.S. In the end, people make mistakes.... I would like to think that I would just ask how they would like to handle the situation. Taking advantage of others mistakes, without their concession, builds bad karma.

I think the title of your post says it all. Not much recourse with an offshore vendor, either. :-)

Cheers,
G

Nope, you never know

Yup. Mistakes happen, and remember what you are purchasing, and where they are coming from. You really have no recourse.

Yes, if its flat rate, its flat rate.

Welcome to the Asylum btw

Their shipping charge is a flat $36 per order, no matter how many, or how few boxes are included.

The thing is, I bought 10 boxes on that 1st order, and was taking into consideration how the shipping charge would effect the final price. Remember, these are boxes of 10. The order, as placed, carried a net shipping cost of 36¢ per cigar on 100 cigars. They chose to ship only 40 cigars which makes it 90¢ each for shipping.

You may be right about just asking how they want to handle it. However, the tone of their email was combative, as if the mistake were on my part.

I'm not complaining about them canceling the remainder of unshipped cigars... and I would not have complained if they'd canceled the whole thing to start with. But, since they shipped a partial, I'm left exposed to the possibility of something happening here that I did not contract for... i.e. either higher shipping per stick than I bargained for, or worse yet, ending up with 40 cigars for what I spent expecting 250.

Regarding expecting shipped cigars at the advertised price:
I realize there is a glaring difference in purchase price and their real price on this one. But suppose it weren't so glaring. Say you order a box of fine old-world cigars at a reasonable price. The vendor ships them, but then tells you you owe them more money because the price they showed on their website, accepted the order at, and shipped at, was not their real price. What then?

Thanks! Don't mean to sound like a nutjob on my first OP. I am really torn on this one between the practice and ethics on both sides of the deal.

Go to their country and file a complaint under their laws. That's where it occurred. Alternately, you can challenge the charge with your credit card company. Doesn't matter whether it was cigars or whatever, you have options, whether you decide to pursue them or not is your choice - as is your choice to use that vendor again in the future.

If its a matter of a few dollars, I think most vendors would rather eat that rather than lose the sale and a customer. But from what youre telling us the price was 1/10th of the price of a regular box. Multiply that by 10 original boxes, and another 15 you attempted to order and thats a LOT of money they are out.

What is the threshold, I dunno... but if I see a box thats more than 40% off, I have to question if Im really gonna get the cigars at that price.

Now, if the price online was incorrect you SHOULD expect the choice of having your money fully refunded, or getting the order at the correct value. I dont think its right that they shipped you boxes before you had an opportunity to make that decision. If they gave you 4 boxes at the 1/10 rate each, consider yourself lucky.

I'm pretty much where you are on this. But, maybe I should have stated my theoretical differently. Let's try this:

Suppose you order two boxes at what you think is a reasonable price. The vendor sends you one and says that's all you get because they really meant to price them at twice what you paid. Anybody happy with that arrangement? (besides the vendor, I mean)

It hasn't been clearly resolved yet, and I am not getting any immediate response from the vendor on my email reply (and only a machine on the phone line). However, the vendor's first email sure sounded like they don't plan on taking any responsibility for the pricing mistake or for sending out a partial booked at that price. They asked if I wanted all 20 boxes at their regular price (they mistakenly thought it was two orders of 10, rather than a 10 and a 15). Seems like if they were going to acknowledge that those already sent were their mistake to eat they'd have asked if I wanted the remaining boxes at the regular price or not.

The problem with this is that you knew it was a ridiculously low price, not a "reasonable price"

Maybe you're right... and based on that I would not have blamed the vendor for canceling the order and refunding my money. To me the problem is, they shipped some of them that I never agreed to buy at their full price.

I have a feeling that if you hadn't made the 2nd order, they wouldn't have noticed the mistake. I think you shot yourself in the foot here.

They were in the process of shipping and you placed an order of 15 more boxes. As a business owner that would throw all sorts of red flags to me that something was wrong. Who just up and orders 25 boxes of the same cigar unless something was up?

My 2 Cents. :-)

I was tempted to say that even with the 10 boxes, but then I remembered where I am :-)

Nah, doubtful. I have the feeling they were inundated with orders. The same price stayed up there for 4 or 5 days straight.

my butt itches.
"Suppose this" and "imagine that" only get so far.

Pete, it may be the way you're wiping. Remember, front to back! :-):-):-)

I think it's a catch 22. Were you wrong for ordering no because that's the price they have listed. What they SHOULD do is honor the price on the 4 boxes they sent, and then the remaining boxes give you the option to pay full price or cancel and refund your money.

:-) Too much non theoretical information here. :-)

I think this has been asked and answered, and is now pushing the bounds of acceptable here on Asylum, especially when we have identified the spefiic shipping amount.