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Old 12-12-2006, 04:11 AM   #16
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PIITB - he's not complaining or crying foul. Read it. He's saying that they should have communicated with him better than they did (or didn't). Rather than just pulling the order, a simple "apologies, we made a mistake with the price and will need to adjust or cancel the order" would have been a better way to go from a customer service point of view.

This person will surely not be buying from them in a hurry because he has lost confidence in their service. Simple marketing gone wrong.

He's not asking for his order to be fulfilled. This thread has just turned into a debate on what the outcome would be had he chosen to do so.

Turbo - a fact is a fact. Live with it. Nothing righty about it. I couldn't give a toss to be honest.
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Old 12-12-2006, 05:43 AM   #17
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the guy try to take advantage of the shops mistake.

if i was the shop i would of done the same thing. if the buyer was sincere he would of emailed or phone and ask if that was the right price.

like i said anyone with at least half a brain knows that its a mistake. it needs no explaination.

dont cry. what if you walked in to a shop and the item had no price tag. that means its for free? now stop being a whiner.
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Old 12-12-2006, 07:33 AM   #18
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Hey i put the order in just to see what would happen, yeah cool if they sent me a free kit, but I was not expecting them to do so! I did it for a laugh and this forum has sure given me quite a few of them after reading the posts, thanks for that.

Its not as if I went out and posted hey everyone goto www………. You can all order a free car kit, maybe I should of, that might have been even funnier, but no, I did not even mention the site, anyway its all good fun.

Eggyolkeo explained it better then me, thanks
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Old 12-12-2006, 09:14 AM   #19
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Quote:
Originally Posted by Eggyolkeo
Turbo - a fact is a fact. Live with it. Nothing righty about it. I couldn't give a toss to be honest.
The US is not a "litigious society" if you're actually talking about the people of the US (aka: the "society" part) suing other people or firms...so it's not actually a fact.

Just because people repeat it, that doesn't make it true.
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Old 12-12-2006, 09:56 AM   #20
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While there are plenty of americans that are sue happy they are simply taking advantage of one of the things that make America great. Do I agree with it? No, I don't. I am glad however, that I have the right to pursue legal action against a company or agency that wrongs me if I am able to prove it. There are many places in the world that you can't. While it gets abused sometimes (to sensational effect) it is still one of the things that makes the US one of the best places on earth to live. That and the champaign powder in the Rockies.
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Old 12-12-2006, 11:20 AM   #21
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That's the thing...

Yeah, you can sue. You should be able to sue and recover. People do sue and occasionally they recover. It's just that it's a myth that people sue everybody all the time and that it's ruining the economy. Yeah, the courts are clogged with civil suits, but it's with ATT suing Pac Bell 350 times over some clause in some contract from when ATT bought Pac Bell...it's firms suing firms or suing themselves.

The righties just drag out the McDonald's coffee lady every couple years to make everyone think there's a problem and lower the exposure for firms that abuse their customers. Yuk-yuck...ha ha ha.

Just for clarification, the coffee lady was 70 or so and almost died from the 30% 3rd degree burns she suffered when the almost boiling coffee (180+ degrees) spilled in her lap. McDonald's had been sued 50+ times and had agreed in writing in previous settlements that keeping the coffee at near-boiling temps (stays fresh longer, saves money, 130* is the standard temp and what they said they were going to keep it at) was dangerous to their customers and had agreed not to do it anymore.

The settlement that she got ("millions awarded for spilled coffee", etc.) was primarily in punitive damages because McDonald's had acknowledged that they were endangering the customers and kept on doing it after they said they wouldn't do it anymore. It was subsequently reduced on appeal to somewhere in the high hundreds of thousands (800K?)...not much of a punishment for a big company, but it is what it is.

Lame people sue...yeah. Do they recover? Not often. You'd be surprised how hard it is for a private party to actually sue and even get to court versus a company. The party with the biggest pockets just spends the other party down to the mat.

This thread is pretty useless IMO.

So they had a mistake on their website and unwound the sale and refunded the money. Anyone who's done business on the web has likely had a similar experience. I wouldn't have said anything either. It's not like you were a real customer or anything, just a mooch looking for a freebie. If you weren't, you would have already re-ordered your Gravel Hound and been done with it.

If it had worked out for you, good for you (and thumbs up!!!), but if it doesn't...too bad. You don't then get the right to bitch about it.

It's interesting trivia and all, but it doesn't really say anything (to me) about their customer service, aside from telling me that they're not totally ignorant and they refunded the sale quickly.
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Old 12-12-2006, 02:47 PM   #22
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Dont stress guys... if the rest of the world is like Australia, we "learn" most of what we know about the USA from what we see on television and circulated emails entitled "only in America" (or similar).

And we swallow Michael Moore and Morgan Spurlock's satirical views on the American way of life as if mockumentaries were going out of fashion.

Obviously not an ideal source of balanced, factual information. But dont be too suprised if we havent quite "got your number"...
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Old 12-13-2006, 10:42 PM   #23
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an advertisement is an "Invitation to Negotiate", it is neither an offer or an acceptance and therefore does not constitute a contract.

Some stores will honor misprints just for "good will" but they are not bound to.

When you purchased it through paypal, this is where it gets fuzzy with revisions of the UCC, if they accepted the payment, then it would be an acceptance. But acceptance in that sense would likely be remove it from their paypal account and transfer to their primary bank. Plus, you paid the double shipping so thats the amount that would have been at issue.

Obviously, this will vary from country to country and state to state as well but most of it in the US is federal with some statute variations.

if all else fails, if something looks to good to be true, it usually is...
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Old 12-14-2006, 12:51 AM   #24
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We cant forget to mention the people that put a finger in their Chilli at wendy's then said that they found it...LOL
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Old 12-14-2006, 08:48 AM   #25
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Quote:
Originally Posted by Mike Elam
We cant forget to mention the people that put a finger in their Chilli at wendy's then said that they found it...LOL


Pretty sure that group is in prison...
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Old 12-14-2006, 11:47 AM   #26
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Is is not an offer when there is an advertisement with a price of $0.00 ? However the acceptance maybe the fuzzy area. How do you accept. $0.00 and reflect this amount the recievable account. They did accept the $39.00 for postage, but that was not for the merchandise.

so If you can show they accepted the $0.00 for the merchandise this would constitue an offer and accpetance.

I'm trying to wipe off the cobwebs of business law 100

If I were a small claims judge,(which I am fully unqualified) then I would rule for the Accetance of the offer of $0.00

Give the man the Sand Hound! (with the hammering of the gravel)
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Old 12-14-2006, 12:49 PM   #27
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That's why it says "pending" when you buy something from a website by Paypal.

It's all an automated process and there's no judge that's gonna award anything based on a potential software issue...especially when the price was $0.00. Lacking some showing of deception or fraud, and without any loss being incurred by the "customer" (using that term loosely), there's nothing to recover.
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