They sent me an email, “a product on you wishlist has become cheaper”. Cool I got to order it (raspberry pi 5) and some accessories that I need to use it. (Fan and power supply)
Now they say that the price was an error and are canceling my order. 36% is a very good discount but not unreasonable, especially since it’s also a bit cheaper on other sites.
What would you do? If I want to return the accessories they expect me to pay the return shipping. Haven’t heard back from them yet.
From my short research, an error of less than 50% is generally not considered egregious and would therefore not make the contract void. And their special clause is likely illegal, as it is one sided. However they have not been challenged on it because those costs would be way higher than what you might save.
by Redhonu
28 comments
challenge them that you want the return of the accessories to be free, otherwise you will have to talk to a lawyer to see how legal it is to bait people with a fake discount and then make them pay for accessories they can not use because they can not deliver the main product for the specified price
39.- instead of 60.- is not an obvious price error, such offers/discounts happen all the times
that‘s one thing, but a while back they pulled this after products have been delivered and opened by customers. They demanded that the difference is paid or the product returned with a fee since it was already opened.
30-50% discount is anything but an obvious error. Law should force them to eat those mistakes.
It’s beyond me why people even use this shitty retailer. Not only does Galaxus belong to Migros, so every time you shop there you support the Migros/Coop duopoly, it’s just a shitty experience overall. And it’s getting worse rapidly.
They’ve always had that rule. [It’s entirely legal.](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/fr#art_23)
> Le contrat n’oblige pas celle des parties qui, au moment de le conclure, était dans une erreur essentielle.
From a **purely practical perspective** (and assuming the accessories were a separate order/invoice line item, not some kind of bundle that was part of the CHF 38.41 items): You could return the accessories at one of their stores without shipping costs. Also, why do you even need to return the accessories? Do you suddenly not need a Raspi anymore? If it’s just about wanting to cancel the entire order and order everything somewhere else: Keep and continue bugging/annoying them about the return shipping cost; it’s likely if you escalate this enough, they will give in at some point (once they discover it’s cheaper to pay return shipping than having to spend time handling your continued bugging/complaints).
Edit: Highlighted my main point. Of course it’s Digitecs fault and they should just pay return shipping. But because they won’t do that (at the moment) OPs practical choice is either a) waste money to pay return shipping, b) waste time on return in-store or c) waste time arguing with / bugging Digitec until they pay for return shipping.
Tell them they must deliver or you will go to the “Friedensrichter.” Be very pushy in the emails. Eventually they will send it. It doesn’t really matter for them to eat the cost of this, because they also have costs for the return of the accessories. Companies in general avoid legal problems. You just need to be pushy enough.
_They_ chose to have millions of products to scale up profit, _they_ chose to automate in order to pay less people. So _they_ chose to take the risk that some errors may happen. So it‘s _their_ entrpreneurs risk and completely under their control.
They should also carry the damage following from these risks and not just push that over to customers.
This is just: „I will work riskier to earn more money from it but I‘ll transfer any losses from it to the customers.“
(unfortunately how so many companies are acting)
Sadly Galaxus/Digitec are absolute scummy places and this “error” seems extremly suspicious. They love changing prices around and making up hilariously high prices for random niche products or “correct prices” when they get called out on.
I stopped shoppin there ages ago and mostly only use it to browse things since they still got one of the better filter and UI systems.
Well, that’s some bullshit.
I had this once too with digitec, where they offered an old iPhone for 200.-. Initially, they sent a message like this too. But stay persistent – I did, and got a cheap iPhone
People love to complain, even when there is precious little to be put out by
I have sent them a message asking them to reconsider and honor the original contract as I definitely don’t consider this an obvious pricing error and many of you seem to agree. I’ll update the post when I receive a response.
At a minimum, if they wish to walk away from the order, you showed also be allowed to walk away from the full order and return everything at their cost.
Their position seems very unreasonable, whatever about illegal, arising from a small discount or error on their side – have you go legal insurance ?
Not a lawyer but a similar victim
I had a similar situation where a LEGO item (a big box with 36 single random minifigs, each supposed to be sold individually) was somehow costing just 13CHF instead of the 150.-
I ordered, expecting a reply like “sorry for the obvious mistake, but we had to cancel your orde,r” but it went through, telling me it will take like 5 days to be delivered.
On the second day, I saw reviews stating that it was a mistake and people just received one of those small boxes, of which 36 are in the big one, but these usually go for 4.90-5.50 and not 13.- Chf so I cancelled my order.
Half an hour later, I received an email stating that the third-party vendor (Product was not coming directly from digitec) did not accept my cancellation and were trying to make me still pay it full or at least send it back on my costs.
I wrote an email referring to OR Art 1 ff / OR Art 23 ff and OR Art 197 ff, and they paid for the return in the end, leaving me cost-free since it was their mistake on their website.
Your case should be similar since the price was not unrealistic set to begin with (this would have been the case in my situation, where they could have cancelled it, stating the obvious typo).
Give your situation to ChatGPT to identify the fitting OR Articles for your case and wrap it up and send it back to digitec telling them you would be fine shipping it all back on their costs or you can take it further to your rechtsschutz pointing out that they are the ones advertizing with wrong/faulty prices and to be precise actively targeting you via email about those lower prices what was the initial action getting you into buy the product to begin with.
“Obvious” ?
No, not at all. Reply to them that a 40% reduction is common, they absolutely don’t have a case.
I am pretty sure that is somewhat illegal or at least in a gray area.
I mean Id understand their reasoning if you were trying to buy an iPhone for 39 CHF, but this does not seem like an obvious error.
Oh no! A human made an error!
Furthermore, promoting other private stores is not necessarily a very good idea. Take, for example, the latest iPhone, which is priced at over 300.- more than its competitors. All this because they promote stores that have the product in stock (which is also false).
It’s Migros, what did you expect?
They would lose in court I’d wager. But is it worth it to you personally?
if it would be otherwise they would not contact you and reduce the price. the greed of the company growed fast in the last years, time to switch now.
I buy often at Galaxus/Digitec, i recently bought an item for 120.-, which retail price is 180.-, to me they are playing with you, that’s some bullshit right there.
An “obvious pricing error” would be 60 instead of 600, they shouldn’t be allowed to cancel your order
They should have insurance to cover their mistakes. Not a manifestly incorrect discount – there’s often end-of-life warehouse sales etc that would match that.
I wonder how many they sold because the admin cost of arguing about a few chfs is greater than just fulfilling the orders…
Maybe they are legally restricted from selling pis at that price? Do suppliers sometimes have minimum prices in the contracts?
Also, in Switzerland, damages caused by not fulfilling a contract are claimable. IANAL
You could write to the FRC association. If you have a law protection insurance, you could ask them to help you writing a response.
But I would being piss off about this. I would argue that they can change the price after your purchase. If it would be in real shop, what it’s shown as price is the price.
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