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

Discussion in 'Classic Menswear' started by Mild Mannered, Sep 27, 2009.

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  1. AdamAdam

    AdamAdam Senior member

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    If it helps the OP I am 7.5E (could really go EE) on the 5 last (Strand / McAllister) and wear 8E on the 1 last (Shelton). Rule of thumb I've learned from this thread is on the 5 last to go down 1/2 size and up one width from your TTS.
     
  2. Subutai

    Subutai Senior member

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    Nicedream - I ordered a pair burgundy calf Franciscans right around 6 weeks ago. It's apparently going through final stages of QC . . . so a few more days I was told

    Hope that helps (and hope you get a call soon)
     
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  3. JermynStreet

    JermynStreet Senior member

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    Well I think they actually have to honor it, pursuant to the Uniform Commercial Code.


    UCC 2-204: A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.

    Additionally, an offer is officially made by a merchant where the terms are unambiguous and sufficient to manifest an intention to sell to the potential buyer. If they cancel your order, fight it. You should rack up on these.
     
  4. New Shoes1

    New Shoes1 Senior member

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    I'd be shocked if JAB doesn't have all the necessary disclaimers that allow it the discretion to cancel the order at any time. This is especially true with regard to its sale of AE's, which are shipped by AE (not JAB). Mistakes with internet pricing happen, but not having the proper disclaimers for website sales would be unimaginable stupidity.
     
  5. MoneyWellSpent

    MoneyWellSpent Senior member

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    While I'm remaining optimistic until my order is actually cancelled, I fear New Shoes is right. Otherwise, why would J Crew and other companies be able to weasel out of their past screw-ups with Alden shoes.
     
  6. thenewguy

    thenewguy Well-Known Member

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    My order status showed "Error" about 10 minutes ago. It now shows "Open". People need to stop calling and screwing up things.
     
  7. ScottyBoy920

    ScottyBoy920 Senior member

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    Haha I dont think people calling to check on orders has enough power to sway a multi million dollar company to honor a sale or not... but I understand your thinking.

    I just called and was told all orders will be cancelled. I asked if there was going to be a remedy for the screw up, they said no but gave me corporate's phone number- 410-239-2700.

    Lets see how many calls we can give them! [​IMG]
     
  8. MoneyWellSpent

    MoneyWellSpent Senior member

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    Call and tell them they will be in violation of Uniform Commercial Code UCC 2-204 if they cancel our orders!
     
  9. JermynStreet

    JermynStreet Senior member

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    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.
     
  10. MoneyWellSpent

    MoneyWellSpent Senior member

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    I'm surprised they haven't taken down the sale price yet on the website. How long could that possibly take?
     
  11. MoneyWellSpent

    MoneyWellSpent Senior member

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    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? [​IMG]
     
  12. JermynStreet

    JermynStreet Senior member

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    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.
     
  13. plainnerd

    plainnerd Well-Known Member

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    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.
     
    Last edited: Jul 3, 2013
    1 person likes this.
  14. JermynStreet

    JermynStreet Senior member

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    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.
     
  15. New Shoes1

    New Shoes1 Senior member

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    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.
     
  16. JermynStreet

    JermynStreet Senior member

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    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.
     
  17. Septimus

    Septimus Senior member

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    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?
     
  18. JermynStreet

    JermynStreet Senior member

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    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.
     
  19. New Shoes1

    New Shoes1 Senior member

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    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.

    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.

    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.
     
  20. JermynStreet

    JermynStreet Senior member

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    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.
     
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