Does a disclaimer
about typographical errors posted on an online retailer's website release the retailer from liability in regards XXXXX XXXXX product being shipped out with minor differences in dimension.
For example, a customer placed on online order for a cabinet which had posted specs of W 36.25" x D 17.5". The customer received the product, opened and then discarded the original packaging. While attempting to install the cabinet, the customer determined that the cabinet dimensions were actually W 36.25" x D 20.25", and is claiming that it will not work in the desired space.
The retailer has the following posted in the 'Terms & Conditions' section of their website:
In the event that a ONLINE_RETAILER product is mistakenly listed at an incorrect price, ONLINE_RETAILER reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ONLINE_RETAILER reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ONLINE_RETAILER shall issue a credit to your credit card account in the amount of the incorrect price. Additionally, we do not guarantee that the information about a product including color, materials used, and/or dimensions are 100% accurate. If you try to return an item because an item you received has a different material, dimension, or color than what was listed you will still have to have to pay the 25% restocking fee and all shipping and handling charges. If you require strict measurements please call customer service to verify the exact dimensions or details about a product.
Furthermore, the retailer states the following in the 'Shipping & Returns' section of their website: "All returned merchandise must be in its original box and packaging."
The customer is stating that the product is not what they ordered and is refusing any restocking or shipping fees; additionally, the customer is demanding that the retailer send someone out to their home to properly package the merchandise for return and refund.
Are the published policies of the retailer the overriding 'contract
terms,' or is their actually a general commercial practice
code or regulation that would decide in the customer's favor?