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Allen Edmonds Appreciation Thread - reviews, pictures, sizing, etc... - Page 1627  

post #24391 of 70737
Quote:
Originally Posted by JermynStreet View Post


They do it because people allow them to. Most people will not pursue the matter that far because it would take too much time/ be too costly. This is a firm offer to sell. There has to be another lawyer on here that will back me up.

 

I'm not doubting you.  What type of pursuit are you referring to though?  I can't bother to take a massive corporation to court over saving a couple hundred bucks.  Would threatening a customer service representative over the phone with some legal jargon be sufficient? biggrin.gif

post #24392 of 70737
Quote:
Originally Posted by JermynStreet View Post

They do it because people allow them to. Most people will not pursue the matter that far because it would take too much time/ be too costly. This is a firm offer to sell. There has to be another lawyer on here that will back me up.

I suppose they might argue that an advertisement is merely an "invitation for an offer," however, where language is unambiguous and a reasonable mind would consider the advertisement an offer, a contractural offer is formed. In my opinion, that is what has been done here.
post #24393 of 70737

They're well within their right to cancel the orders, if it was an accidental pricing mistake then they'll simply say sorry and refund any money.

 

If they've already shipped it they'll honor it, but that's the only condition where they're required to.

 

*here's their disclaimer from the privacy policy section*

 

 

Disclaimers

Jos. A. Bank attempts to provide the most recent, accurate and reliable information on our web site. However, the web site may occasionally contain incomplete data, typographical errors or other inaccuracies, or feature an item which is no longer in stock. Jos. A. Bank does not warrant that the information accessible via this web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Jos. A. Bank reserves the right to correct errors and to update product information at any time, including after an order has been submitted and confirmed. Prices and merchandise shown on this website do not represent an offer to sell. No action by Jos. A. Bank prior to shipment will constitute acceptance. 

post #24394 of 70737
Quote:
Originally Posted by MoneyWellSpent View Post

I'm not doubting you.  What type of pursuit are you referring to though?  I can't bother to take a massive corporation to court over saving a couple hundred bucks.  Would threatening a customer service representative over the phone with some legal jargon be sufficient? biggrin.gif

When I say pursue, I mean just what you said - take them to court. It would obviously be a hassle for the average consumer to take a corporation to court over something this small, so they probably assume you will not do it. However, I do believe it would be worth your time (if you have a few extra minutes) to call and explain why they are contractually bound.
post #24395 of 70737
Quote:
Originally Posted by JermynStreet View Post


They do it because people allow them to. Most people will not pursue the matter that far because it would take too much time/ be too costly. This is a firm offer to sell. There has to be another lawyer on here that will back me up.

 

The other lawyer on here is the one disagreeing with you.  The FTC and states have rules directly addressing consumer transactions, many of which give the consumer the right to cancel the order up until a certain point (e.g. processed for shipping).  I'd be shocked if companies do not have the equal right to cancel up until this event takes place.  It's been almost 20 years since I took a UCC class, but my recollection is that the consumer protection laws are separate from the UCC code. 

post #24396 of 70737
Quote:
Originally Posted by plainnerd View Post

They're well within their right to cancel the orders, if it was an accidental pricing mistake then they'll simply say sorry and refund any money.

If they've already shipped it they'll honor it, but that's the only condition where they're required to.

I disagree with you. They would win if they can prove, unequivocally, that the advertised price was merely an invitation for a customer to make an offer to buy the shoes at that price. However, I believe that from the totality of the circumstances, they were not inviting an offer to be made, rather, they made an offer to sell, a contractural offer that can be accepted by performance-aka ordering the shoes and tendering the money.
post #24397 of 70737
I agree with NewShoes. This falls into the too-good-to-be-true class of offers. I'm fairly sure retailers so not have to honor such mistaken offers. Also, I don't think the UCC covers this kind of retail transaction, does it?
post #24398 of 70737
Quote:
Originally Posted by plainnerd View Post

They're well within their right to cancel the orders, if it was an accidental pricing mistake then they'll simply say sorry and refund any money.

If they've already shipped it they'll honor it, but that's the only condition where they're required to.

*here's their disclaimer from the privacy policy section*


Disclaimers



Jos. A. Bank attempts to provide the most recent, accurate and reliable information on our web site. However, the web site may occasionally contain incomplete data, typographical errors or other inaccuracies, or feature an item which is no longer in stock. Jos. A. Bank does not warrant that the information accessible via this web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Jos. A. Bank reserves the right to correct errors and to update product information at any time, including after an order has been submitted and confirmed. Prices and merchandise shown on this website do not represent an offer to sell. No action by Jos. A. Bank prior to shipment will constitute acceptance. 

Bingo-it is an invitation for an offer; I am posting from mobile on a road trip and did not see this portion of the website..

Prices and merchandise shown on this website do not represent an offer to sell.

Sorry guys, without this sentence I think there would have been a good case to fight.
post #24399 of 70737
Quote:
Originally Posted by plainnerd View Post

They're well within their right to cancel the orders, if it was an accidental pricing mistake then they'll simply say sorry and refund any money.

 

If they've already shipped it they'll honor it, but that's the only condition where they're required to.

 

*here's their disclaimer from the privacy policy section*

 

 

Disclaimers

Jos. A. Bank attempts to provide the most recent, accurate and reliable information on our web site. However, the web site may occasionally contain incomplete data, typographical errors or other inaccuracies, or feature an item which is no longer in stock. Jos. A. Bank does not warrant that the information accessible via this web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Jos. A. Bank reserves the right to correct errors and to update product information at any time, including after an order has been submitted and confirmed. Prices and merchandise shown on this website do not represent an offer to sell. No action by Jos. A. Bank prior to shipment will constitute acceptance. 

 

Bingo.  I saw some FTC guidance saying consumers have the right to cancel up until shipment, so this makes sense that the company can reserve the same right.

 

Quote:
Originally Posted by JermynStreet View Post


When I say pursue, I mean just what you said - take them to court. It would obviously be a hassle for the average consumer to take a corporation to court over something this small, so they probably assume you will not do it. However, I do believe it would be worth your time (if you have a few extra minutes) to call and explain why they are contractually bound.

 

You must not handle class action lawsuits.  Class action lawyers could care less if the damages are only a few bucks.  If the law was violated and the class is large enough, they'll file the suit that will eventually settle under terms that involve the class getting coupons for a few bucks off a future purchase and the lawyers collectiong millions in fees.  This is the one area of the law that is in serious need of reform.

 

Quote:
Originally Posted by JermynStreet View Post


I disagree with you. They would win if they can prove, unequivocally, that the advertised price was merely an invitation for a customer to make an offer to buy the shoes at that price. However, I believe that from the totality of the circumstances, they were not inviting an offer to be made, rather, they made an offer to sell, a contractural offer that can be accepted by performance-aka ordering the shoes and tendering the money.

 

Even if you ignore consumer protection laws and take a pure contracts based approach, you're forgetting there may not be a meeting of the minds if there is a material error in the offer.

post #24400 of 70737
Quote:
Originally Posted by New Shoes1 View Post

The other lawyer on here is the one disagreeing with you.  The FTC and states have rules directly addressing consumer transactions, many of which give the consumer the right to cancel the order up until a certain point (e.g. processed for shipping).  I'd be shocked if companies do not have the equal right to cancel up until this event takes place.  It's been almost 20 years since I took a UCC class, but my recollection is that the consumer protection laws are separate from the UCC code. 

Hi New Shoes, I respectfully disagree here. The leading case from law school was Lefkowitz v. Great Minneapolis Surplus Store. There, a store refused to sell a fur coat to a male buyer for the advertised price of $1 and also said "first come, first served.". The court held that when an offer is clear, definite and explicit, and leaves nothing open to negotiation, then the advertiser can be bound by the acceptance of a prospective purchaser. The “first come first served” statement is key.
post #24401 of 70737

My how the conversations have changed in the past 30 minutes!
 

post #24402 of 70737
Quote:
Originally Posted by dddrees View Post

Someone's posting of their walnut cordovan Daltons inspired me to get a pair of walnut cordovan boots.

 

Thinking it was impossible to get the Daltons, I decided to get one of the last remaining pair of Riders I could find.

 

Warning: Spoiler! (Click to show)

 

 

 

 

 

 

Absolutely gorgeous color.  Enjoy wearing.

post #24403 of 70737
Quote:
Originally Posted by BootSpell View Post

 

Absolutely gorgeous color.  Enjoy wearing.

Thank you sir.

post #24404 of 70737

I've seen so many conflicting reports about this on Dappered, Reddit, etc...  Most say canceled, some say current stock will be fulfilled but most will be canceled, another said they are having a meeting to decide what to do....

 

I think I'll save myself the headache and just get offline.  They'll let me know soon I'm sure.

post #24405 of 70737
Quote:
Originally Posted by dapperdoctor View Post

Quote:
Originally Posted by riellanart View Post

Check your order status. Mine went straight to Error after I checked on the order status afterwards.

Mine says order is complete.  No major loss if they don't follow through, but it's definitely worth a try at a total of about $155 shipped for 3 pairs.  I could sell one pair for that on e-bay I'm sure.  I'll let you know what happens. 


I ended up ordering burgundy in 10D and 9.5D. Gonna flip the one that doesn't fit on eBay and make back all my money!
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