(DEAD-READ) Donkey Konga (GC) $27 preorder after coupon at MediaPlay.com

[quote name='VelvetHammer']Their Email:

Dear XXXXXXX,

We would like to take this opportunity to thank you for your order recently placed with MediaPlay.com.

In response to your inquiry, at this time we have discovered that the item listed was actually for just the bongos, not the game as well. Due to this error we have canceled your order.. Please note, no charges have been assessed for this order.

We apologize for any inconvenience.

Sincerely,
Matt McClure
MediaPlay.com
Customer Service

My Reply:

Matt,

Though you are well within your rights as a company to do that, I'd advise against it.

I run a business whose strength lies in its customer service practices. We often make mistakes that inconvenience our customers. What separates us from our competition is our willingness to admit our error and pay the consequences. By doing that, we prevent our valued customers from taking their business, and money elsewhere. We never let a customer leave without offering every possible resolution. Our accounting department has estimates that losing a loyal customer costs us $5000 a year in potential sales. The last thing we want are those dollars ending up in the tills of our competition. We'd never hand a customer back their money and say, "No thanks, you really aren't worth taking a small loss to keep your business."

I'm sorry, but if that's what you do to me, I will never return to your website or store locations. I will not spend one more dollar in your stores. I will make every effort to steer all my business contacts, personal friends, and fellow gamers away from your company. I will express my dissatisfaction to anyone willing to listen.

What kind of monetary amount will this poor customer service cost you? We'll never know. But is it worth it? Even for just the $40 you are trying to save.

Perhaps now is a good time to reflect upon your corporation's service initiatives, while you still have customers to service.

Maybe this experience will help you in learning a valuable lesson on the road to superior customer service.

Sincerely,

XXXXXXX[/quote]

Very well written

It isn't even 40$ per person they are trying to save, the game is only being sold with the bongos according to nintendo, and I believe the retail price is 49.99, so they are only "saving" about 20$ per person.
 
[quote name='VelvetHammer']My Reply:

Matt,

Though you are well within your rights as a company to do that, I'd advise against it.

I run a business whose strength lies in its customer service practices. We often make mistakes that inconvenience our customers. What separates us from our competition is our willingness to admit our error and pay the consequences. By doing that, we prevent our valued customers from taking their business, and money elsewhere. We never let a customer leave without offering every possible resolution. Our accounting department has estimates that losing a loyal customer costs us $5000 a year in potential sales. The last thing we want are those dollars ending up in the tills of our competition. We'd never hand a customer back their money and say, "No thanks, you really aren't worth taking a small loss to keep your business."

I'm sorry, but if that's what you do to me, I will never return to your website or store locations. I will not spend one more dollar in your stores. I will make every effort to steer all my business contacts, personal friends, and fellow gamers away from your company. I will express my dissatisfaction to anyone willing to listen.

What kind of monetary amount will this poor customer service cost you? We'll never know. But is it worth it? Even for just the $40 you are trying to save.

Perhaps now is a good time to reflect upon your corporation's service initiatives, while you still have customers to service.

Maybe this experience will help you in learning a valuable lesson on the road to superior customer service.

Sincerely,

XXXXXXX[/quote]

:applause:
 
Raider and VelvetHammer, both of you really wrote solid stuff, you should definitely keep us posted on what develops.
 
First of all BBB has no legal power. Sam Goody can chose not to respond to any complain. And I doubt that must people will order from them unless there is a large discount, so they are not really losing any loyal customer. Ask yourself if for some reason they did ship it, is there reason to shop again at SG? Losing people that only shop when there is a price mistake is not their top concern. I am gussing that their sale didn't drop significantly because of the FFTA price mistake.
 
Thanks bluetoast, I will keep everyone informed of what happens.

bugmenot.com, the BBB might not have any true legal power, but it will look bad on the company to have so many complaints filed against them. I disagree with you on that they are truly not losing any "loyal" customers just because of this deal. I myself will not be buying anything from Sam Goody, Media Play, or Suncoast because of this, and I'm sure others will be doing the same. I will also let my friends and family know to avoid these places. I would have respected them more as a company if they would have processed the orders that they received instead of just shifting away to "no it's only the Bongos" espically when it we had verification from CSRs and e-mails, and their own web-site. I also find it funny that they don't even sale any game accessories in the first place just games, so how can they be making an exception just for this one game?
 
I, too, got my second letter of confirmation - in which they switched my order to Bongos only. Time to cancel. I've never giving them any of my business before, and it looks like I'll never be giving them any.
 
Personally, after all the times I've had this happen with many companies I've yet to have one say "sorry, we accidentally listed the price wrong so we are going to have to cancel". Believe me or not, if a company OWNED UP to the mistake I'd let them drop it and not say a word more.
 
[quote name='Cmosfm']Personally, after all the times I've had this happen with many companies I've yet to have one say "sorry, we accidentally listed the price wrong so we are going to have to cancel". Believe me or not, if a company OWNED UP to the mistake I'd let them drop it and not say a word more.[/quote]

companies have done that several times.

fye with mafia
ebgames with the 9 cent games
cd universe (after a few e-mails they explained it to me) with front mission 4
 
All I know is that I am not too upset.
I mean cmon we all sorta knew the deal was to good to be true. I dont think the BBB will help, and I dont think Mediaplay has to honor any of these orders, it was a mistake. If they havnt charged you, I'm sure that they dont have to send anything to you.
 
Now if Media Play had instore pick-up, I have a valid receipt for game/bongos to pick up upon release. But of course they wouldn't do something like that.

Also the BBB couldn't do anything for the FF: CC screw-up in which they canceled orders, but a handful of CAG's actually got the game.
 
From my experience with other major web site, very few major web (Bestbuy, amazon) site will honor their pricing mistake after catching it. Some site might decide to honor pricing mistake, but rarely after canceling orders. If they just cancle your order the actually haven't break any law. You only have a case if the ship out the only the bongo. I still have not recive a email about my order being change. Right now my suggestion is not to eamil them, that would only give them a chance to cancel your order. With the FFTA price mistake they were unable to respond until after the game is release, so they give out discount. But this time they are able to catch the mistake with that many people call and emailing them. Also BBB will state that they decide not to honor a pricing mistake, which might not be as damaging as you thought.
 
Thanks. Here's Matt's latest reply:

Dear XXXXXXX

We would like to take this opportunity to thank you for your order recently placed with MediaPlay.com.

In response to your inquiry, since the corporate office has not given us any other resolution, they have removed this product from the online store. We are canceling all orders for the Donkey Konga Bongos and emailing the customer's about the website error. We are hoping to get discount coupons for the customer's that were inconvenience, however we are waiting on the corporate office to reply.

We apologize for any inconvenience.

Sincerely,
Matt Mcclure
MediaPlay.com
Customer Service

My response:

Matt,

I appreciate your prompt reply.

Removing the product from your online store seems a bit over reactive. To me the logical course of action would be to correct the supposed error, and continue to sell the item. But it's your business to run, not mine.

Trust me; I completely understand what's going on right now at your corporate offices. Someone discovered the error, most likely reprimanded the person responsible, and is now attempting damage control. I know what it's like to deal with corporate Directors and Vice Presidents. All they tend to see are numbers. They did the math, and this deal comes up in the red. That's when the decision to cancel the orders was made. Sound business decision? To some, yes. To others, no. It depends on if you're nearsighted or farsighted in business.

What's being overlooked, and I'm sure you will agree, is that behind these numbers are people. People who just wanted to order a product they were looking forward to using. People that were planning birthday gifts, or maybe even Christmas and Hanukah gifts. These are people who like all of us, are trying to save money during tough economic times. These people are your customers, not red numbers at the end of an equation.

Take this to your superiors. Have them pass it up the chain.

Discount coupons do no good to someone who will never shop at your store again.

Thanks,

XXXXXXX
 
you guys need to learn how to handle things.

im not sure if this applys for online, but if a b&m store fucks you over, the BBB is just a threat. what you ACTULLY do is call your attorney general. thats how you get shit done.

to find your AG look here:
http://www.naag.org/ag/full_ag_table.php

as with online matters, you might want to call the AG in the state the company is based in. im not 100% sure. wouldnt hurt to call both tho!
 
Most settlement with attorney general usually mean giving out discount, which might not be that helpful ...
 
[quote name='miriamleo']VelvetHammer, that is very brutal, but very well-written.[/quote]

Why thank you. I think.

Still interested in more?

Matt's reply to my last email:

Dear XXXXXXX,

We would like to take this opportunity to thank you for visiting MediaPlay.com.

In response to your inquiry, I will forward this email to my superiors.
They removed the item completely, because we are suppose to be selling the game and bongos as a package.

We apologize for any inconvenience.

Sincerely,
Matt Mcclure
MediaPlay.com
Customer Service

And here's me again.....

Matt,

Thank you again, for handling my inquiry with urgency and respect.

I quote: "They removed the item completely, because we are suppose to be selling the game and bongos as a package."

Based on the product's original listing on your webpage and the designation of: "Donkey Kong: Bongos / Game" in the confirmation email I received, it was the Game and Bongo Package that I ordered.

Everything points to the fact that it was the Game / Bongo package that I ordered on 8/26/2004 at 3:00 PM.

Don't you think it odd that you would offer to sell an accessory to game that you don't even carry? A game that requires said accessory? Because based on what you've told me, that's what you claim to have done.

I appreciate you escalating my inquiry to those in charge.

I look forward to a resolution soon.

Sincerely,

XXXXXXX

[quote name='punqsux']im not sure if this applys for online, but if a b&m store shaq-fus you over, the BBB is just a threat. what you ACTULLY do is call your attorney general. thats how you get shit done.[/quote]

Very true, punqsux. I'm trying to appeal to their sense of decency. LOL

Legally, we're all screwed in this matter.
 
[quote name='bugmenot.com']Most settlement with attorney general usually mean giving out discount, which might not be that helpful ...[/quote]

in theory, thats true, but the more times people take ases to attorney generals, im sure the punishment will be more strict. i mean think about how much they would bug bb had anyone actully taken the time to report it each time.
 
from their web site
"Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason."

You really don't have a case if they cancel your order. If the change your order status then you might have a case, but if you complain before it ship then they could cancel your order.
 
Um, come on guys, Matt went above and beyond to get to the bottom of this deal. I don't think taking up his time with well-worded emails about customer service is going to get us anywhere.

Just let it go.

We have all seen many companies act differently to these errors, and only a few have stood by the deals even if none of them had to.

EA is the only one I can remeber that shipped hundreds of orders to people with the coupon stacking thing, and they are the largest game company in the world.

I have spoken with Matt, and another guy there, and they are just as concerned as we are, but there is nothing they can do at this point.

I know we all want the deal, but sometimes these things happen.

Notifying the BBB is pointless as no company has to stand behind pricing errors, whether they are in the newspaper or on the internet.

I for one don't want to be seen as a member of a community that pinches every single company on a pricing error. These emails reflect on all of us.
 
[quote name='Cmosfm']Personally, after all the times I've had this happen with many companies I've yet to have one say "sorry, we accidentally listed the price wrong so we are going to have to cancel". Believe me or not, if a company OWNED UP to the mistake I'd let them drop it and not say a word more.[/quote]

Buy.com had a price mistake on a gamecube wireless controller. I ordered one and they sent me an email saying that it was a mistake, but they will send it anyway because they value me as a customer.

I have spent several hundred dollars there since this happened. If they hadn't honored the price mistake then I wouldn't have had the opportunity to find out that Buy.com has excellent prices and quick shipping.

So next time you have an order place it at Buy.com instead of Sam Goody.

Owning up to the mistake is one thing, but owning up to it AND honoring it earns my business.
 
Matt actuallt make a post at VG Talk.

"Hi guys.

Matt McClure back again.

Just wanted to address this post:

zoltek wrote:
Yup. He's very helpful and it seemed like he was sincerely apologetic.

Some customer service departments might just not say anything and let us spend $29.99 in the hopes that some people would be too lazy to return it. In any case, I give him props for going out of his way to message me and letting us know what's up.


lunarscape wrote:
Unfortunately, I saw this coming a mile away. And what may seem like a CSR being apologetic is really a Sam Goody employee a) try to keep his job, and b) trying to get people to forget about this.


Actually, you couldn't be further from the truth. I DO NOT work for Sam Goody. I work for the largest distributor of movies, games & music in the US. Companies like Sam Goody, (AOL, Amazon, Sony, Blockbuster, etc), contract our company to take care of all online orders and the customer service for the online store, as well. What happened was a simple case of mis-communication on the manufacturer's part. We were originally told that this item was coming with the game + BONGOS. I even called Nintendo directly, last night and was told by an employee that the game was not even being sold without the drums. What we did not take into account is that it could be just the bongos, alone...without the game..(which it turns out, is exactly what it was). When I arrived at work at noon today, my managers and I did some digging to resolve this issue, and that's when we found that it's actually the bongos only. Since then, we've done our damndest to get everything straightened out. I PM'd zoltek as soon as this was figured out, because I knew there were alot of people on here who had already/or were planning to place orders with us. My primary intention for letting you guys know what the deal is, was to try and nip this in the bud before it escalated out of control. I was trying to do you, (aka "the consumer") a favor, as well as myself, (aka "the CSR rep", aka "the customer's punching bag"). You guys can now look elsewhere for the game, and I can breath a little easier knowing that a few less people won't be calling me up to cuss me out over something I had no control over.

lunarscape wrote:
I suggest people not give up quite yet. E-mail, call, write on paper, whatever. Demand your game AND bongos for $29.99 and even bring up the name Matt McClure. Worst case, you'll get nothing. If you're lucky, they'll give you a percent off coupon. You might get lucky and win, especially if enough people complain,

I'm sorry, but I'm tired of seeing Sam Goody screw everyone over again and again. If you sit back and let them get away with this one, you're basically telling them it's okay if they do it again.


Again, that would be pointless, (but feel free to try).

Look, I'm sorry you guys feel duped, but I personally had nothing to do with it, and have gone way out of my way to make sure you guys know what's going on. I can understand where you're coming from, but the fact of the matter is...mistakes happen. People mess-up. This is not something done intentionally. You can say what you want about Sam Goody, however, don't drag my name into any scheme to get some kind of hook-up or discount because it won't work, and it only shows how shallow one can be.

As to everyone else, thanks for the positive comments.

Sincerely,

Matt McClure"
 
"Hey guys, if we bitch about this one guy who, by the way, had absolutely nothign to do with it we could potentially get a discount on a game that will potentially be mediocre!! Yeah! What? Who gives a shit if the guy gets fired?! Bills? Family? Who the fuck cares man, we can complain and get a videogame for a bit cheaper!!!"

The guy goes out of his way to clear things up and this is everyone's response. Collective consumer behavior.
 
[quote name='Nephilim']Um, come on guys, Matt went above and beyond to get to the bottom of this deal. I don't think taking up his time with well-worded emails about customer service is going to get us anywhere.

...

I for one don't want to be seen as a member of a community that pinches every single company on a pricing error. These emails reflect on all of us.[/quote]

Were you even reading the emails I wrote? Are you not seeing the underlying message in all of them.

Here, let me help you out a bit:

"Work harder at preventing these misunderstandings in the future."

I completely understand that stuff like this happens. It's the way that this has been handled that is poor. I know I'm not getting the game for $29.99. What I'm trying to do is send the message that altering an order without notification or explanation is bad service.

Just as they have the right to change price at anytime, as do I to voice my opinion any way I choose.

And as far as this reflecting upon you. Where the Shaq-Fu! do you see me mention CAG? If you are so concerned, call up Matt and offer your personal apologies. Don't come on here and try to passively brown nose, hoping to score a "sweet discount coupon, dude!"

EDIT: By the way. I have the upmost respect for Matt, and all that he has done. If you've read my emails, you'll see that. I'm trying to send the message to those above him, those responsible. Come tomorrow, Matt will probably shake this off and have a beer. Who knows. The moment they knew there was an issue with this product, they should have removed the listing until it was figured out. Yet it remained online, far too long and caused those of us who ordered, and those like Matt too much hassel.
 
[quote name='VelvetHammer'][quote name='Nephilim']Um, come on guys, Matt went above and beyond to get to the bottom of this deal. I don't think taking up his time with well-worded emails about customer service is going to get us anywhere.

...

I for one don't want to be seen as a member of a community that pinches every single company on a pricing error. These emails reflect on all of us.[/quote]

Were you even reading the emails I wrote? Are you not seeing the underlying message in all of them.

Here, let me help you out a bit:

"Work harder at preventing these misunderstandings in the future."

I completely understand that stuff like this happens. It's the way that this has been handled that is poor. I know I'm not getting the game for $29.99. What I'm trying to do is send the message that altering an order without notification or explanation is bad service.

Just as they have the right to change price at anytime, as do I to voice my opinion any way I choose.

And as far as this reflecting upon you. Where the Shaq-Fu! do you see me mention CAG? If you are so concerned, call up Matt and offer your personal apologies. Don't come on here and try to passively brown nose, hoping to score a "sweet discount coupon, dude!"[/quote]


I am not trying to "score" anything, just stating my opinion. They are trying to notify us of the error, and not just letting us all get the wrong thing in the mail. Your emails were not rude, in fact they were worded very well, I just think that at some point you have to accept that an error was made and leave it at that.

Oh, and I did talk to Matt, and he spent the better part of his day responding on the VGTalk forums, sending emails to customers and trying to straighten out this mess.

I just feel that as part of a deal-finding community, we should know when to call it quits on some of these price errors and move on.
 
[quote name='Nephilim']I just feel that as part of a deal-finding community, we should know when to call it quits on some of these price errors and move on.[/quote]

That I can agree with. Perhaps a lock on this thread would suffice, along with an edit of the title to include *DEAD*. That should help calm things down on our end at least.
 
[quote name='VelvetHammer'][quote name='Nephilim']I just feel that as part of a deal-finding community, we should know when to call it quits on some of these price errors and move on.[/quote]

That I can agree with. Perhaps a lock on this thread would suffice, along with an edit of the title to include *DEAD*. That should help calm things down on our end at least.[/quote]

I meant no offense to you VelvetHammer, and I second that motion. Mark it DEAD and call it a day. Dang, I really wanted this deal.....
 
Me too.. *sniff* :cry:

Hopefully you still have your eyebrows left, after my retort. :oops:

Still, when you think about it. $29.99 minus the 10% isn't bad for the Bongos.

Hmmm....

"Um, Matt... Before you cancel my order..."
 
[quote name='Nephilim'][quote name='VelvetHammer'][quote name='Nephilim']I just feel that as part of a deal-finding community, we should know when to call it quits on some of these price errors and move on.[/quote]

That I can agree with. Perhaps a lock on this thread would suffice, along with an edit of the title to include *DEAD*. That should help calm things down on our end at least.[/quote]

I meant no offense to you VelvetHammer, and I second that motion. Mark it DEAD and call it a day. Dang, I really wanted this deal.....[/quote]

If you really want it, then fight for it.
 
[quote name='jimbodan']If you really want it, then fight for it.[/quote]

Man, I was so close. I was half way through painting my face Grey and Blue.

"They may cancel your orders, but they can never take away your BONGOS!!!!"
 
[quote name='Nephilim']I just feel that as part of a deal-finding community, we should know when to call it quits on some of these price errors and move on.[/quote]

Well Put. The problem lies in that phenomena known as Collective Consumerist Behavior. One person can forgive the error and go on looking for another deal. Get enough deal-seekers together(Forum), express your dissaproval, and re-affirm the fact that the pricing error reflects a wonderful discount that will not be matched anytime soon and you have the recipe for a huge bitch fest at the expense of some CSR(s) and middle management who can do nothing about it. The consumer is driven by the hope that they will get their way and in the process lose their grip on the reality of the situation. That reality is that the corporation is under no real obligation to fill your order. It's in their disclaimers posted on their site, and it's common sense. The caveat is the potential loss of business by some of the people who wanted this discount. Now, in theory, this would be reason for the Corporation to honor the price, but ask yourselves honestly; How many people who want in on this deal honestly shop at the company-in-question on a regular basis and not just when they find an insane deal(be it an error, or to clear out inventory a loss has already been taken etc)? The answer is "Not enough that the company would be willing to take such a large loss." Some pepople I can almost guarantee will get their orders filled as a gesture of good faith, but a majority of them will not and people should ust accept that not every deal is a "deal". It's a mistake., and I hope that CAGs, being at heart a good bunch of fellows/ladies, can and will accept that fact.
 
Strange...because as of a few hours ago, I didn't recieve any other e-mails in regards to changing my order status.
 
[quote name='bluetoast']Strange...because as of a few hours ago, I didn't recieve any other e-mails in regards to changing my order status.[/quote]

Go to the original email confirmation you received, then click on check status of your order. After clicking the link and going to the page where it says what stage of processing the product, then go back to your email inbox and you'll get the Inquiry email which should state the new status of "Bongos only".

Then again. If you don't check your status, all you will have seen is the listing of "BONGOS/GAME" and having not seen anything else, when you receive the item, you can complain and claim your last confirmation said "BONGOS/GAME", if you wish to do so.
 
Those who claim that there is no legal ground for demanding sam goody/mediaplay fulfill the terms of the contract are simply wrong. The "order limitations" paragraph people are quoting does not provide the company the unilateral authority to breach a contract at any time, because that would be unlawful on unconscionability grounds. What it allows the company to do is reject an order before it is accepted or limit the quantity of products ordered (by accepting only a portion of the order). It does not provide the company the right to reneg on an order after it is accepted (which is what happens when you receive order confirmation). And it certainly does not authorize the company to change the terms of the order (i.e., by substituting a different product & product description). To give some perspective, if you had purchased this product, and it had been in stock, you would not have had the legal authority to cancel the order after the company had accepted it (whether you could return it--assuming it weren't defective--would be solely in the discretion of the company, subject to their return policies). The legal obligation you would have to make payment and accept the product (unless it were defective) is the flip side of the legal obligation that requires the company to deliver you the product you ordered at the price it offered the product to you.

Whether an individual should try to get the company to fulfill this deal, given that it likely was a mistake, is a different question. But those claiming consumers have no legal ground to stand on here are simply wrong on the law.
 
I guess I'm ignorant of the law, but if they don't charge your account, then where are they in the wrong? Since it was a pricing error, not a bait and switch, and they are giving people ample time and opportunity to cancel their orders, I don't see the fault in that either. Maybe I'm wrong.
 
It's difficult to debunk all the legal misinformation in this thread, so let me simplify: I'm not talking about false advertising, wrongful business practices, and other fraud-type claims against sam goody/mediaplay. I'm talking about basic contract law. When you agree to a contract, you have certain obligations (see my post above). Money doesn't have to change hands to create a binding contract (for example, you sign a binding real estate contract long before money changes hands). Once the order is accepted (literally, once the company accepts the offer you submit to them by confirming your order), the law creates certain rights and responsibilities for both sides. It's not a matter of "fault," it's a legal responsibility to live up to the bargain they agreed to.

Sometimes you should do what you can to make people fulfill their legal responsibilities; sometimes you should just let it go. That's a separate issue that each individual has to consider.
 
Cheapy needs to kill this!

It's dead now.

This giant exploit ruined it for us all.

Instead of posting it on the front page, it sould have been a discreet thread.

All the n00b's scan the site daily now, after the CC and TRU sale, and see the main page.
I went to order it today at work, but stopped at the coupon screen, as I didn't have my Replay card on me.

Now, when I get home, it's DEAD.

Sucks taco juice, the filthy kind, that is.
 
[quote name='drone8888']Cheapy needs to kill this!

It's dead now.

This giant exploit ruined it for us all.

Instead of posting it on the front page, it sould have been a discreet thread.

All the n00b's scan the site daily now, after the CC and TRU sale, and see the main page.
I went to order it today at work, but stopped at the coupon screen, as I didn't have my Replay card on me.

Now, when I get home, it's DEAD.

Sucks taco juice, the filthy kind, that is.[/quote]

wow i havent read this post 600 times before :roll:
 
[quote name='drone8888']Cheapy needs to kill this!

It's dead now.

This giant exploit ruined it for us all.

Instead of posting it on the front page, it sould have been a discreet thread.

All the n00b's scan the site daily now, after the CC and TRU sale, and see the main page.
I went to order it today at work, but stopped at the coupon screen, as I didn't have my Replay card on me.

Now, when I get home, it's DEAD.

Sucks taco juice, the filthy kind, that is.[/quote]


I couldn't agree more. This should have never been on the front page.
 
[quote name='goldbean']It's difficult to debunk all the legal misinformation in this thread, so let me simplify: I'm not talking about false advertising, wrongful business practices, and other fraud-type claims against sam goody/mediaplay. I'm talking about basic contract law. When you agree to a contract, you have certain obligations (see my post above). Money doesn't have to change hands to create a binding contract (for example, you sign a binding real estate contract long before money changes hands). Once the order is accepted (literally, once the company accepts the offer you submit to them by confirming your order), the law creates certain rights and responsibilities for both sides. It's not a matter of "fault," it's a legal responsibility to live up to the bargain they agreed to.

Sometimes you should do what you can to make people fulfill their legal responsibilities; sometimes you should just let it go. That's a separate issue that each individual has to consider.[/quote]

Again, you'll have to bear with me here as it's late and I'm thick-headed. Where my question lies is in the fact that said agreement(between buyer and seller) was made as a result of false information by a third party. A smaller example being I was going to sell a car for my friend. I find a buyer, and he/she agrees to the 5,000 dollar price. I tell him/her to wait until I am able to get the product in. I phone my friend and he informs me that I was supposed to sell it for 7,000 and not 5,000. As the deal was made under misinformation, and as the deal has not *actually* followed through(remember, I told her I had to wait for the product, like this preorder) is it still binding in that sense? Again, I'm thick-headed when it comes to this stuff 8)
 
Reality's Fringe said:
Again, you'll have to bear with me here as it's late and I'm thick-headed. Where my question lies is in the fact that said agreement(between buyer and seller) was made as a result of false information by a third party. A smaller example being I was going to sell a car for my friend. I find a buyer, and he/she agrees to the 5,000 dollar price. I tell him/her to wait until I am able to get the product in. I phone my friend and he informs me that I was supposed to sell it for 7,000 and not 5,000. As the deal was made under misinformation, and as the deal has not *actually* followed through(remember, I told her I had to wait for the product, like this preorder) is it still binding in that sense? Again, I'm thick-headed when it comes to this stuff 8)
Click to expand...

The person who advertises the product and ultimately enters the contract has the responsibility to ensure the information upon which he based his decision is reliable. Your hypothetical isn't entirely analogous, but (to make it similar) if you were reselling a car you purchased from a wholesaler, any dispute regarding the cost at which he/she was selling it to you is independent of the contract between you and the buyer. You can't avoid your contractual responsibilities to the buyer on the ground that you or a third party made the type of mistake you describe. And once you accept the buyer's offer to purchase the car for $5K, even if she hasn't yet given you money and the car hasn't yet been physically delivered to her, you both have a legal obligation (you to deliver her the car and her to give you $5K). Your telling her to wait until the product comes in is simply a term of the contract that addresses the time in which she can expect to receive the product (and can be expected to pay the $5K).

On another point: There are other (often more effective) ways besides lawsuits to attempt to enforce legal obligations.

I'm not going to bog down this thread with any more legal talk. Feel free to PM me if you have any other questions.
 
They stated that they wouldnt charge until the item ships... but i just viewed my debit card account and sure enough, they have charged my debit card already.

8/26/04 - pending debit mediaplay.com 58.08
 
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