Canoe

RE: Complaint Claim ID [redacted] To Whom It May Concern:We are responding to the above Complaint ClaimThe letter we received lists the Complaint Background as:Product/Service: Chester Wallace BagPurchase Date: 9/3/2017This information is incorrectThe bag was in fact not purchasedAt no time did a transaction between our company and the consumer occur during the course of the described complaint.The consumer, [redacted] ***, described her experience browsing our retail company’s website (www.canoe.design), and e-mailed us with a claim of “advertising” based on a pricing discrepancy of a tote bag that she saw listed on the siteIt is difficult to fully explain the cause of the discrepancy without going into a lengthy explanation of the digital architecture of Shopify, the website’s hosting platform (one of the largest retail website hosting companies in the industry), however the issue occurred as a result of this--not by a “advertising” deception or even something as simple as a data entry error.Shopify allows products to be grouped as related items that may be various pricesIn this case, a Chester Wallace Tote Bag ($150) was shown as a lead product with an optional accessory piece ($10)These items can be seen on the website as thumbnail images on the Product Category (“Bags”) page and then also on their own Product Page with full size imagesShopify displays the thumbnail image of the lead product and lists a price range for the related items i.e“From $10”Shopify always pulls lowest priced item in the product grouping to display with the thumbnailThis is a default feature and not something that was determined by our company.Based on the consumer’s complaint we discovered that Shopify does not display the word “From” when you scroll all the way down to the bottom of the page where the site displays thumbnail images of other items a customer may be interested inIn this section only, the thumbnail image of the tote bag appeared with the price of $Clicking on the thumbnail image of the item takes you to the main Product Page where the correct price is displayed (in this case $150)Orders can only be placed via a Product Page so it would be impossible for a customer to not see the correct price prior to placing an order.The Shopify platform is fairly new for us as we have only been using their service for four monthsWe are working with our web developer to determine if the Shopify platform can be altered to disable this feature since it may be confusing to web site visitors (to date we have not received any other customer complaints or feedback related to this feature).At no time did our company engage in deliberate deception (“advertising”) of the consumer, so we were unwilling to agree to her e-mailed demands to sell her the tote bag for $when the tote bag retails for times that amountThe consumer also stated in her e-mail that the tote bag is sold elsewhere, which is correct, so she was aware that the correct price of the bag was $150.In good faith we attempted to contact the consumer to discuss the issue and hopefully come to an agreeable solution:-Voice mail message left on Tuesday, September 5th-Voice mail message left on Friday, September 8-Email message sent on Friday, September On the day that we received the Revdex.com notice the customer returned our phone callsWe offered to sell her the tote bag at our wholesale cost of $75, which she acceptedThe consumer advised she would come into our brick-and-mortar shop to make the purchase.We will add that our company Terms and Conditions, as listed on our website, includes the following Disclaimer and Indemnification which is standard for the industry in regard to pricing on websites:DisclaimerThis site and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purposeYou acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Canoe shall not be liable for any damages of any kind related to your use of this site.We make every reasonable effort to provide accurate information about product prices on our websiteNevertheless, pricing inconsistencies and errors may appear on the website as a result of human error or other factorsAccordingly, we do not guarantee the prices set forth on the website and reserve the right to cancel any order for an item that was based on a pricing error on the websiteIf your order is cancelled due to a pricing error on the website, we will notify you of the cancellationPrices on the website are subject to change without notice.IndemnificationYou agree to defend, indemnify and hold Canoe Incharmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.Sincerely,Craig O***Sean I**CanoeSW 10th AvenuePortland OR

RE: Complaint Claim ID [redacted]To Whom It May Concern:We are responding to the above Complaint Claim. The letter we received lists the Complaint Background as:Product/Service: Chester Wallace BagPurchase Date: 9/3/2017This information is incorrect. The bag was in fact not purchased. At no time did a...

transaction between our company and the consumer occur during the course of the described complaint.The consumer, [redacted], described her experience browsing our retail company’s website (www.canoe.design), and e-mailed us with a claim of “false advertising” based on a pricing discrepancy of a tote bag that she saw listed on the site. It is difficult to fully explain the cause of the discrepancy without going into a lengthy explanation of the digital architecture of Shopify, the website’s hosting platform (one of the largest retail website hosting companies in the industry), however the issue occurred as a result of this--not by a “false advertising” deception or even something as simple as a data entry error.Shopify allows products to be grouped as related items that may be various prices. In this case, a Chester Wallace Tote Bag ($150) was shown as a lead product with an optional accessory piece ($10). These items can be seen on the website as thumbnail images on the Product Category (“Bags”) page and then also on their own Product Page with full size images. Shopify displays the thumbnail image of the lead product and lists a price range for the related items i.e. “From $10”. Shopify always pulls lowest priced item in the product grouping to display with the thumbnail. This is a default feature and not something that was determined by our company.Based on the consumer’s complaint we discovered that Shopify does not display the word “From” when you scroll all the way down to the bottom of the page where the site displays thumbnail images of other items a customer may be interested in. In this section only, the thumbnail image of the tote bag appeared with the price of $10. Clicking on the thumbnail image of the item takes you to the main Product Page where the correct price is displayed (in this case $150). Orders can only be placed via a Product Page so it would be impossible for a customer to not see the correct price prior to placing an order.The Shopify platform is fairly new for us as we have only been using their service for four months. We are working with our web developer to determine if the Shopify platform can be altered to disable this feature since it may be confusing to web site visitors (to date we have not received any other customer complaints or feedback related to this feature).At no time did our company engage in deliberate deception (“false advertising”) of the consumer, so we were unwilling to agree to her e-mailed demands to sell her the tote bag for $10 when the tote bag retails for 15 times that amount. The consumer also stated in her e-mail that the tote bag is sold elsewhere, which is correct, so she was aware that the correct price of the bag was $150.In good faith we attempted to contact the consumer to discuss the issue and hopefully come to an agreeable solution:-Voice mail message left on Tuesday, September 5th-Voice mail message left on Friday, September 8-Email message sent on Friday, September 8 On the day that we received the Revdex.com notice the customer returned our phone calls. We offered to sell her the tote bag at our wholesale cost of $75, which she accepted. The consumer advised she would come into our brick-and-mortar shop to make the purchase.We will add that our company Terms and Conditions, as listed on our website, includes the following Disclaimer and Indemnification which is standard for the industry in regard to pricing on websites:DisclaimerThis site and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Canoe shall not be liable for any damages of any kind related to your use of this site.We make every reasonable effort to provide accurate information about product prices on our website. Nevertheless, pricing inconsistencies and errors may appear on the website as a result of human error or other factors. Accordingly, we do not guarantee the prices set forth on the website and reserve the right to cancel any order for an item that was based on a pricing error on the website. If your order is cancelled due to a pricing error on the website, we will notify you of the cancellation. Prices on the website are subject to change without notice.IndemnificationYou agree to defend, indemnify and hold Canoe Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.Sincerely,Craig O[redacted]Sean I**Canoe1233 SW 10th AvenuePortland OR 97205