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

I ordered mine August 24th. I checked the status and whatever, and was e-mailed again my confirmation (dated August 24th).

I have yet to receive any notification of further development, whether it's been canceled, or mistake, or anything.

As far as they know, I don't know any thing that has been happening.
 
I'm holding off on cancelling until I find out what Sam Goody / Media play is going to do. I'm not going to call them again either unless the debit on my account isn't fixed by tomorrow evening, as promised.
 
[quote name='goldbean']I'm not going to bog down this thread with any more legal talk.[/quote]

Good, because none of it is worth a hill of beans. These mistakes are as old as e-commerce, and its been years since any decent e-commerce site hasn't covered their ass with legalese that absolves them of fulfillment of pricing/description mistakes.
 
[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]

For a legally binding contract, first need to have some consideration given.. until atleast one side provides consideration (payment or product), the contract is technically null and void.

Also, the offer and the acceptance has to be made 'in good faith'. The website never showed definitely that it was bongos and game.. and a mistake on the part of the retailer is not legally bound to provide said service.

If you really want to push this, they could make every one of you pay for a set of bongos only for $30. They'd technically have more right to enforce that then you would trying to enforce them to give you the game and bongos.
 
[quote name='jimbodan'][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]

That may be true, but I seriously doubt that's what killed this.
This one was DOA, just like the FF:CC "deal" a few months ago.
 
[quote name='turls'][quote name='goldbean']I'm not going to bog down this thread with any more legal talk.[/quote]

Good, because none of it is worth a hill of beans. These mistakes are as old as e-commerce, and its been years since any decent e-commerce site hasn't covered their ass with legalese that absolves them of fulfillment of pricing/description mistakes.[/quote]

turls nailed it.
 
OK, misinformation baited me. Sorry for those snoozed by the topic.

[quote name='turls'][quote name='goldbean']I'm not going to bog down this thread with any more legal talk.[/quote]

Good, because none of it is worth a hill of beans. These mistakes are as old as e-commerce, and its been years since any decent e-commerce site hasn't covered their ass with legalese that absolves them of fulfillment of pricing/description mistakes.[/quote]

Sorry, but you're wrong in this circumstance. And no amount of legalese can modify the fundamental contract law principles I described.

[quote name='Cornfedwb']For a legally binding contract, first need to have some consideration given.. until atleast one side provides consideration (payment or product), the contract is technically null and void.[/quote]

I'm afraid you're mistaken. While true that a contract without consideration is unenforceable (voidable, not void--an important distinction), a promise itself to make a payment or provide a good or service constitutes legally sufficient consideration. Many (if not most) contracts are formed well before a product/service or money changes hands, based solely on the promises of the parties.

[quote name='Cornfedwb']Also, the offer and the acceptance has to be made 'in good faith'. The website never showed definitely that it was bongos and game.. and a mistake on the part of the retailer is not legally bound to provide said service. [/quote]

A unilateral mistake by a single party (as opposed to mutual mistake by both parties--which isn't at issue here) is not sufficient grounds to void a contract except in specific, rare circumstances, which aren't present here. The only "good faith" requirement in commercial US law I'm aware of is in the UCC, and it has nothing to do with offer and acceptance. Obviously, whether the information provided by the company is construed to offer the bongos and game or the bongos alone is theoretically debatable, but precedent and the factors I mention below suggest it's an easy question.

[quote name='Cornfedwb']If you really want to push this, they could make every one of you pay for a set of bongos only for $30. They'd technically have more right to enforce that then you would trying to enforce them to give you the game and bongos.[/quote]

Not true. Not only does the original order confirmation describe the product as Bongos/Game, the web page for the game describes the product as a Game (not to mention the fact that at least one CSR originally said that the product included both the bongos and the game). That the company changed the item description from Bongos/Game to Bongos (only) confirms that the original product advertised was not simply the bongos. More to the point, if the company tried to force you to accept the bongos, you could refuse to accept them on a number of grounds, including failure to conform to the product description, mutual mistake, etc.

I don't know why people are trying to dispute these basic contract law principles, which are known by anyone with a solid legal background. If you don't think people should push the issue in this case, that's one thing, but you can't change the law.
 
goldbean, why don't you point me to one case where a web site was forced to provide a product that was a situation even remotely similar to this. Because you probably can't, even though this has been happening for almost 10 years.

Until I see that, its all theoretical.

There is no way a company would leave itself open to anything binding coming out of a first-level CSRs mouth, if that's one of your main points, and is the only thing I've noticed that is even remotely unique about this fiasco.

And I'm not arguing this saying it isn't worth pushing, I wish people would push it until they are blue in the face. But I'm not wasting my time because it is futile.

I am only arguing this from the point of actually getting the game and bongos for $30. The other stuff is irrelevant to me.
 
C'mon guys, we've been over this a thousand times before! I think letting it end is the thing to do. When is the last time you actually GOT one of these deals by "fighting" for it? All you get is pissed off, wasted time, and nothing to show for it.

Lemme tell you what to do, let's wait and see if we get discount coupongs, if you get a discount coupon....5.00, 10.00, Buy something FOR 5.00 or 10.00....that way you feel as if you got over on the company and got something free (sans shipping) for your time!

Calling, bitching, shaking your fist at Media Play....all will do nothing but leave a sour taste in your throat.

We all tried to save 20.00, 20 measly dollars, if the game is THAT important to everyone....20.00 isn't bank breaking, if you could afford 30.00 you can afford 50.00. Go order it from Amazon.com, or EBgames.com, or another online retailer who has given you many good deals over the years. Payback for all the great bargains you've gotten, I know I sure as hell a owe a lot to EBgames...shipping me items at cost, the free games from the rebate rewards, free shipping AND 25% off! You know you've saved way more than 20.00 by shopping there!

So here you go...

www.ebgames.com

....cut the crap, spend an extra 20.00, and give a good company your buisness. All in all, you will wind up happy when you get your excellent game. Then you can beat out your frustration towards MediaPlay on the bongos to Queen's "We Will Rock You".
 
[quote name='turls']goldbean, why don't you point me to one case where a web site was forced to provide a product that was a situation even remotely similar to this. Because you probably can't, even though this has been happening for almost 10 years.

Until I see that, its all theoretical.[/quote]

Unfortunately, only a very small percentage of cases brought are ever resolved by the court--the vast majority are settled prior to judgment. In addition, only a miniscule percentage of cases (and hardly any small-claims cases addressing circumstances like those here) are ever resolved through a written judgment. So there are very few "cases I can point you to," because they simply aren't memorialized and categorized for historical review (the results of such an effort would be overwhelmingly voluminous).

However, here are just a few examples:

In February 1999, customers brought a class-action suit against buy.com for failing to meet the terms of a contract, where buy.com claimed there was a pricing error but confirmed the orders, even though some customers' credit cards had not been charged. http://news.com.com/2100-1017-222911.html?tag=rn. There, buy.com claimed a $400 pricing error (~$560 v. ~$160)--far greater in terms of dollars and percentage than the alleged error here. The customers involved in the class-action suit successfully negotiated a $575,000 settlement. Other customers involved in the same deal sued in small claims court and won on the theory that the e-mail order confirmation they received constituted acceptance of their offer and a binding contract.

The .TV company is an e-tailer that sells .tv domain names. Two years ago, it claimed a pricing mistake and related technical error when it sold the golf.tv domain online for about $1 million less than .TV intended to offer it ($1,010 v. ~$1 million) and tried to rescind the deal. The plaintiff argued that the automated e-mail order confirmation he received from .TV constituted a legally binding contract. The court agreed with the plaintiff, concluding that the e-mail constituted a legally enforceable contract (even though no money or property had changed hands). http://www.haledorr.com/files/upload/lim_tvcorp.pdf.

I am personally aware of a number of other successful claims made by plaintiffs in similar circumstances, though none was reported in a published opinion.


[quote name='turls']There is no way a company would leave itself open to anything binding coming out of a first-level CSRs mouth, if that's one of your main points, and is the only thing I've noticed that is even remotely unique about this fiasco.[/quote]

First of all, that's not one of my "main points" (that's why I put it in parentheses)--it simply confirms and bolsters other independently sufficient information. Moreover, principals (companies) can most certainly be bound by their agents (first-level CSRs), though agency liability is unnecessary to the breach of contract claims here, so I'm not sure why you're focusing on it.

[quote name='turls']And I'm not arguing this saying it isn't worth pushing, I wish people would push it until they are blue in the face. But I'm not wasting my time because it is futile.

I am only arguing this from the point of actually getting the game and bongos for $30. The other stuff is irrelevant to me.[/quote]

It may be futile for you (and others) practically, but it certainly is not futile legally.
 
Here is something I saved from the last mistake, I was upset yes, but it didn't cost me anything. LET IT GO.
Dear Customer,

Thank you for your recent order for FINAL FANTASY: CRYSTAL CHRONICLES.
A recent pricing error on our Web site incorrectly offered this DVD for $14.99. The correct price of this product is $49.99. Due to the nature of this error, we have canceled your order for this item per our terms of service agreement posted within our site.

To view these terms, please go to.
http://www.samgoody.com/MLG/mTermsOfService.aspx

We apologize for any disappointment this cancellation may cause, and for your inconvenience, we would like to offer you a $5.00 Digital coupon ( XXXXXXX ), which we encourage you to use to save money on your next purchase at http://www.samgoody.com/

We look forward to your next visit to one of our stores or to www.samgoody.com. Please do not hesitate to contact us again with additional questions and concerns.

You must redeem your digital coupon by 11:59 p.m. Eastern Standard Time, April 30, 2004.

Best wishes from Samgoody,
The Customer Care Team
 
Ok, I'm beginning to enjoy the insight in your posts. I specifically remember the Buy.com deal, I probably have my years wrong as far as how long these e-commerce pricing mistakes have been happening, I did not realize there was a class action suit that actually won in this case.

However, I doubt buy.com's web site policies were as bullet-proof as any decent web sites is today to avoid such a possibility. They probably also shot themselves in the foot by actually fulfilling some of the orders.

I guess I'm back to what part of this could reasonably be considered not automated (I think that .tv example is extreme--a .tv address is not worth what they were asking for it, its pretty easy to prove MP would have lost money on the bongo/game combo)--the only unusual thing we have is a CSR saying what they thought was true at the time. The automated/not-automated part is critical for any common sense test of intent, and what I saw of the non-automated part any decent lawyer could probably talk their way out of.

If these automated order receipts were as much of a crutch in situations like this as you describe, I seriously doubt it would be common practice in the e-commerce world. And for all I know, maybe the order receipt e-mails I receive typically include slick wording that would prevent it from being used against the e-commerce site in any such attempt.

No legal background here, though. I guess we'll never know on this particular instance.

[quote name='goldbean']Unfortunately, only a very small percentage of cases brought are ever resolved by the court--the vast majority are settled prior to judgment. In addition, only a miniscule percentage of cases (and hardly any small-claims cases addressing circumstances like those here) are ever resolved through a written judgment. So there are very few "cases I can point you to," because they simply aren't memorialized and categorized for historical review (the results of such an effort would be overwhelmingly voluminous).
[/quote]
 
I just want to back up goldbean here. He is right on. As soon as they sent their confirmation email there was a contract. They can't just change the price once there is an agreement, no matter what their Terms of Service may say. There are certain basic common law contract principles you can't talk your way out of, no matter how much "legal gobeldygook" you use. Plus, their Terms of Service are just "boilerplate" provisions that most courts probably wouldn't give much weight to anyway.

They can't unilaterally change the terms of an agreement. If you wanted to take this to court, you would probably win. The problem being that you would drop $50-$75 on small claims fees and waste several hours of your life putting your case together. Unfortunately, it just doesn't seem worth it.

The thing that really pisses me off about this deal is not that I won't get the game for $30. It is that the people at Media Play think I am some kind of idiot and that I wouldn't notice that they sent a second confirmation for an item I didn't order. I know what I ordered and that second confirmation sure as hell wasn't it. If you want to cancle my order, fine. But don't try to defraud me.
 
jimbodan wrote:
drone8888 wrote:
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.



I couldn't agree more. This should have never been on the front page.

Guys, c'mon. Don't bame Cheapy for this! That's bull-crap! He's just trying to give everyone a fair chance at a deal posted in the forums. And he waited to put it on the front page until it was confirmed by a CSR to multiple people, who had got confirmation from those in charge. So lay off.
 
Hmmm.... I still haven't recieved another email from them since my confirmation email, nothing saying that I am only getting bongos. Is everyone who ordered only getting bongos? Sorry if this has already been answered. Don't have time right now to read through all the pages.
 
[quote name='CheapyD']
That may be true, but I seriously doubt that's what killed this.
This one was DOA, just like the FF:CC "deal" a few months ago.[/quote]

ahh, what joyous memories that deal brings back... :boxing: ... :D

this site cracks me up sometimes.
 
Hopefully Best Buy will put it on sale for $44.99 or $39.99 so it could be as low as $34.99 after the GGC. I'm not cancelling my order on this though, I'm going to wait to see what happens (official cancellation from them or if they ship just the bongos without notifying me)
 
I just called and cancelled my 2 orders. I bought one, and then realized it would have been better to buy another and get an extra game rather than just the bongos. After realizing the deal wasn't accurate though, I called and cancelled. I only had one order #, but the woman was able to look up the other order. Both were cancelled without a problem. She did apologize for the confusion and said the whole Donkey Konga thing has been a nightmare for them. Honestly, it was pretty good customer service if you ask me. At least they admitted it was a mix up of some kind, wherever the blame may lie.

Nothing lost, nothing gained.
 
[quote name='YoshiFan1']Hopefully Best Buy will put it on sale for $44.99 or $39.99 so it could be as low as $34.99 after the GGC. I'm not cancelling my order on this though, I'm going to wait to see what happens (official cancellation from them or if they ship just the bongos without notifying me)[/quote]

I'm doing the same
 
Well as for me i am sticking this one out. The Front Missions 4 Deal taught me a valuable lesson in sticking out. They sent me the game and when it they all accomodated their early buyers, only then did they decided to change the price on their website to regular price.
 
Received this email this morning - It's bongos only. Looks like I'll cancel my preorder:

>>
Your back/special order has not yet arrived. Please know that we are working on getting it for you as soon as possible. As soon as it arrives, your order will be shipped! In the event the product becomes unavailable, we will notify you. Thank you for your patience.

If you need to contact us, your order confirmation # is XXXXXXXXXX.



B/O Qty
Item #
Title
Available *

1
NINT95059CUBE
DONKEY KONG (BONGOS ONLY)
09/27/04
>>
 
Edit - oops. Guess others have reported this already. Anyway, for the record.


Just got a response from MediaPlay saying that they could not ship yet because of backordering. Interestingly, on this notice it now clearly states "Bongos Only."
I have sent in a cancellation request.

------------------------------------------------------------------------------
Amount Ordered Shipped BackOrd Price Title
------------------------------------------------------------------------------
0.00 1 1 29.99 DONKEY KONG (BONGOS ONLY)
------------------------------------------------------------------------------
0.00 Subtotal
0.00 Shipping & Handling
$0.00 Total
 
Dear Customer,

Thank you for your recent order for DONKEY KONGA. A recent error on
our web site incorrectly offered this game for $29.99. The correct price
of this product is $49.99. Due to the nature of this error, we have
canceled your order for this item per our terms of service agreement
posted within our site.

To view these terms, please go to.
http://www.mediaplay.com/MLG/mTermsOfService.aspx

If you wish to purchase this item at the updated price, please click the
following link:
Correct link for Donkey Konga:
http://www.mediaplay.com/Games/Game.aspx?h_id=H++++45154

Please do not hesitate to contact us with additional questions and
concerns, and once again, we apologize for any disappointment this
cancellation may cause.

Best wishes from Mediaplay,
The Customer Care Team
 
Dear Customer,

Thank you for your recent order for DONKEY KONGA. A recent error on
our web site incorrectly offered this game for $29.99. The correct price
of this product is $49.99. Due to the nature of this error, we have
canceled your order for this item per our terms of service agreement
posted within our site.

To view these terms, please go to.
http://www.mediaplay.com/MLG/mTermsOfService.aspx

If you wish to purchase this item at the updated price, please click the
following link:
Correct link for Donkey Konga:
http://www.mediaplay.com/Games/Game.aspx?h_id=H++++45154

Please do not hesitate to contact us with additional questions and
concerns, and once again, we apologize for any disappointment this
cancellation may cause.

Best wishes from Mediaplay,
The Customer Care Team

I just received the same e-mail.
 
I got the e-mail as well. I just wrote a complaint letter to Musicland about the issue. I'm not so annoyed about the pricing error itself, but how it was handled (order changed to bongos only and then cancelled).

I doubt they will do anything but I am going to try.
 
[quote name='YoshiFan1']I got the e-mail as well. I just wrote a complaint letter to Musicland about the issue. I'm not so annoyed about the pricing error itself, but how it was handled (order changed to bongos only and then cancelled).

I doubt they will do anything but I am going to try.[/quote]
More of the civil approach, that's good to see, I'll most likely follow suit when I get home from work and check e-mail.

I'll be at Media Play B&M the next few days to pick up some manga, so they will still be getting money from me.
 
I wasn't gonna say anything to Mediaplay. I never checked my order status or any of that. I was just laying low, quietly hoping that September 27 would come and they would ship the game/bongos for the cheaper price.

Well, that didn't work. Today I got an email saying my order had been cancelled. I just thought those of you who made phone calls and checked your order status would like to know that the "wait it out" strategy didn't work either.
 
Here's the email I got today:

Your back/special order has not yet arrived. Please know that we are working on getting it for you as soon as possible. As soon as it arrives, your order will be shipped! In the event the product becomes unavailable, we will notify you. Thank you for your patience.

If you need to contact us, your order confirmation # is ***********.

B/O Qty Item # Title Available *
1 NINT95059CUBE DONKEY KONG (BONGOS ONLY) 09/27/04


* All items with an Available Date displayed are considered pre-release items. Pre-release items are not yet available for purchase. You should receive this item on or shortly after the date displayed.
If you have any questions, please contact us via:
Email: [email protected]
Fax: (954)255-4831
In the US: (800)538-3465
Customer Service is open from 09:00AM until 09:00PM EST



Thank you for shopping at www.mediaplay.com.

I emailed them back telling them to cancel my order. It's disappointing but what can you do?
 
^^^^^^^
I just got that same e-mail. Aargghh.:bomb: ...Lucy's got some explaining to do. After their standard issue garble guess I'll be forced to cancel as well. :evil: ...Interesting how Some have got that AUTOMATIC DEFAULT CANCEL e-mail where as I forsee troubled waters ahead to kill my order.:twoguns: ... Those bastards. ..... :evil:
 
For those who got the order status but not a cancellation letter, check your spam filter, as that's how I found out my order was cancelled.
 
Here's the latest (and final) email on this matter:

Dear Customer,

Thank you for your recent order for DONKEY KONGA. A recent error on
our Web site incorrectly offered this game for $29.99. The correct
price
of this product is $49.99. Due to the nature of this error, we have
canceled your order for this item per our terms of service agreement
posted within our site.

To view these terms, please go to.
http://www.Mediaplay.com/MLG/mTermsOfService.aspx


If you wish to purchase this item at the updated price, please click
the
following link:
Correct link for Donkey Konga:
http://www.mediaplay.com/Games/Game.aspx?h_id=H++++45154

Please do not hesitate to contact us with additional questions and
concerns, and once again, we apologize for any disappointment this
cancellation may cause.

Best wishes from Mediaplay,
The Customer Care Team

What a bunch of a-holes.
 
Good Lord!!
Is it really necessary for everyone to keep posting the same freakin email they received from MediaPlay over and over again ?!?!
 
I am really angry with them now, I sent them a detailed letter through Planet Feedback explaining why I was annoyed about them cancelling the order-

This is part of what I wrote-

"Had MediaPlay cancelled my order as soon as they decided they were not
going to honor the order for the game and bongos at $29.99, I would have
been dissapointed but not angry. What has caused my fusturation is that
my order was changed without my permission to another item (bongos only)
a few days after the original order was placed and then the order gets
cancelled all together almost a week later"

Their response-

They sent me the exact same generic canellation e-mail letter! No real response at all. I want to e-mail them back but I'm not going to because they will probably just keep replying with that response until I give up.
 
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