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360 Comments
- inactive, on 10/12/2007, -28/+150holy ***** *****. they made a mistake and canceled the order. get the ***** over it.
- krinthekuz, on 09/16/2008, -12/+116or rather than spending any legal fees (because you won't get them back), just go to pricewatch:
http://www.pricewatch.com/flash%5Fcard%5Fmemory/
the prices are only $20 more, but even if you get paid $6/hr, then your break-even is at 3.3 hrs. so if you spend over 3.3 hrs crying and dealing with officemax, then you're a dumbass. seeing as most diggers as geeks make anywhere from $10-$150/hr depending on their job, the break-even is anywhere from 2 hrs to a few minutes.
stop taking things so personal. cost benefit analysis is your friend. - Whackly, on 10/12/2007, -6/+99Sounds like you were probably all sunshine and roses and there was no call for her poor attitude at all.
- milarepa, on 10/12/2007, -3/+62You remind me of Dwight Schrute from the office....no offense.
- kingatrock, on 10/12/2007, -15/+61It was obviously a mistake that wasnt even close to black friday pricing. I work at officemax and every time some dumbass on his high horse looking to exploit anything and everything he can comes in huffing and puffing, we calmly let him know we dont give a ***** (more polite of course) and watch him cry like a baby. After they leave we laugh about them and imitate their pathetic tantrums. We find it funny losers with no lives take up so many petty battles in life like, "what do you mean you're out of stock of 2x3 boxes?! I needed them now, how can you advertise something and not have it when I need it?!"
Anyway to wrap up, you're a douchebag (original post).
-Your friendly neighborhood officemax associate - PDAIsAOk, on 10/12/2007, -4/+44A price tag does not equal to a legal binding contract. If no one had received this memory stick at that price that is one thing, but if they actually sold this to some people it might be possible. All I know is there has to be a thing called "consideration" in a legal contract. One person must give the other person something for it to be legal binding, whether it be a $1 or whatever. I know if you goto a store and something is accidently marked $10 where it would normall be $100 they are not obligated to sell you the item. In fact previous rulings have said that price tags are merely a suggestion on what the price should be and not legall binding. At least thats what I learned in Business Law the day I showed up for class
- nikhilnidhi, on 10/12/2007, -2/+38Only on Digg would so many people get pissed off over not getting a ***** USB drive...
- orbital58, on 10/12/2007, -3/+37Jesus would say, "My children, these are the gigs of my God. They were offered to us for thrice the value of a stead lamb, yet were refused when we sought its glory. At day break tomorrow, we shall journey to the Max of Offices, and plead for justice." That's probably what he would do.
- DarkChapinko, on 10/12/2007, -2/+35People like you are the reason I hate going to work.
I'm sure that that girl helping you was the sole responsible party for the typo and certainly deserved every word you threw at her. In fact I think she probably typed in the price on the website herself, just to piss you off. Now she is probably going to cry tonight because OfficeMax is going to the ***** because some douche bag is going to go complain on his blog "or some such." OH, PLUS I hate it when people say "and some such." It's not her fault and I'm sure your attitude in the store did nothing but make you look like a jack ass to everyone around you. - fatdog789, on 10/12/2007, -5/+37This "lawyer" seems to misunderstand contract law.
Advertisements are not offers. Even 1Ls know that. The customer makes the offer to buy at the price listed, and the seller can choose to accept that offer. The reasons: 1) Seller can reject offer if they don't have any more goods in stock (if seller makes offer, they have to ship even if they don't have any more goods) and 2) Over-acceptance (ie, what happened on Digg), which is generally related to 1).
For these reasons, it DOES NOT MATTER if one person has received the goods at the price listed for the reasons listed above.
FURTHERMORE, there is no way the price listing could be or would be construed as an offer by a court of law. It was clearly unreasonable, ie, "too good to be true" when other similar products were going for more than 2x-3x the price listed. No reasonable person could believe the price was anything but a typo, and that point was itself brought up many times in the Digg page.
Long story short: Sue OfficeMax if you want, but the only person who benefits is this "lawyer" who won't tell his clients that they don't have a case. - milk93rd, on 10/12/2007, -2/+33Right, because the person you were talking to is TOTALLY in charge of the whole thing. Glad you took it straight to the top!
- inactive, on 10/12/2007, -6/+35Dugg! Do you people really want to go through a legal hassle for $17.98? That's definitely not worth MY time.
- Wardvark, on 10/12/2007, -4/+32Jesus might get over it, but the flying spaghetti monster would fight.
- TheElectricMonk, on 10/12/2007, -5/+33jesus would probably turn them into wine
- Petronski, on 10/12/2007, -4/+28***There's no way in hell this was a typo,
Wow, that's a powerful argument. When you lay it out like that, you can't help but be convincing. /s - wtf00, on 10/12/2007, -6/+30is funny how company wanna jump ship when come to honoring but they expect the customer to honor the contract or pay or whatever... fcking corps.
- Whackly, on 10/12/2007, -18/+37There were definately those who got theirs. Some people posted pictures including a man named Stephen on US Route 9 in Schroon Lake, NY who didn't do an excellent job of obscuring his personal info. Not to mention the people I know who actually walked into the store, were told by the reps at the store that if they could provide proof they would honor the price, showed them the OfficeMax site and walked out with the drives at the 17.99 price. I don't think some kind of legal action is necessary. I mean, is it really appropo to get all uppity about something this minor when you could be out protesting wars, genocides, erosion of freedom, hate speech from Virginians named Goode and other important things? Maybe if enough people with a legitimate gripe express dissatisfaction reasonably, without immediately throwing the typical American litigation spaz, Office Max will change its mind.
- MechaFenris, on 10/12/2007, -6/+20A price is nothing more than an invitation to bargain. It is NOT a contract, therefore they can cancel the deal at any point they see fit. The only reason people get prices they "claim" are on store shelves or based on an ad (in person) is purely a time-saving measure on the part of the merchant who doesn't want to hassle with a small claim like "$5 now $3" on an item.
Trust me. Anyone who took business law 101 should realize that price is not a contract between two people (or a merchant and a group of people)... and therefore you have no legal remedy to demand the person or merchant sell you an item at the price you see in an ad, or one that is advertised. - deadbaby, on 10/12/2007, -2/+16true but they can refuse to sell you the product which is what OfficeMax decided to do.
- smojo12, on 10/12/2007, -0/+13Jesus would have bought a 256mb version and change it to hold 1 TB
- heavensblade23, on 10/12/2007, -12/+25It's a pricing error, it happens. Is it disappointing? Sure. Are many people likely to stop shopping there because they didn't get a $60 item for $20? No.
- shakin, on 10/12/2007, -1/+13Most stores will honor an incorrectly priced item, but I don't think they have to by law.
I am Canadian and my only law education came in high school a decade ago, so maybe I'm way off, but...
Items for sale in a store are considered an "offer for sale". A store may decline to sell any item to any customer at any time. Obviously that would be bad business practice and the store still must observe hate crime laws (so they can't refuse to sell items only to black people, for instance, or they would be in violation of anti-racism laws). All products for sale are the property of the store. It's like if you have a garage sale and someone tries to buy an item you didn't mean to put for sale, you do not have to sell it.
I also learned in a business class I took that there are laws concerning benefiting from someone else's clerical error. Like if someone meant to write you a cheque (or "check" for you Americans) for $100, but they accidentally added another zero and you saw the error it would be illegal for you to cash the cheque and keep the money if it can be reasonably assumed that you should have noticed the error. I'm not sure if that applies to an offer for sale or not, but it sounds like it might.
I'm not saying it's wrong to expect OfficeMax to honor their price because I think companies that care about customer service would do that. I also think it's wrong of anyone to expect to be given a great deal because someone mistyped a price. Would you still want the deal if you found out the OfficeMax employee was a single mother and was going to get fired for costing the company so much money? It's just a USB flash drive. A quick Google search finds them available for under $50. - bigtrouble77, on 10/12/2007, -3/+15I was gonna call and complain about the cancellation... But then I read a few posts about people here ordering 100 to sell on ebay. What the ***** is officemax supposed to do with greedy ***** like that?
- nocode, on 10/12/2007, -2/+13Has anybody read the Terms and Conditions? I placed a preorder for a Wii on Radioshack only to find out it was a mistake and pulled it from the website. In the Terms and Conditions, it basically said they could do whatever they wanted with the merchandise on their website. I'm willing to bet a place like OfficeMax has something similar.
and yes, paying for a lawyer for something that's 20 bucks is not worth the trouble (rather, the amount you would've saved on the regular price). Unless this lawyer is your friend and he's doing it for free, then you're just wasting his time.
Edit: oops, just read ShoGunX's post. My bad - inactive, on 10/12/2007, -3/+14big deal, just a price mistake. get over it!
- felchdonkey, on 10/12/2007, -3/+14Do you answer your own questions, Donald Rumsfeld-style? My goodness, yes you do.
- RockBandit, on 10/12/2007, -1/+12@putnam:
How did you ultimately benefit from the settlements? In general, class action lawsuits are supposed to punish companies (which is a good thing) and help the consumer. Ultimately, the ONLY group of people that benefit from a class action suit though are *lawyers*. I remember taking part in the RIAA price fixing class action suit a number of years back. Woo! I received a check for something like $9.73! It really made my day. I think I bought a package of Top Ramen for dinner that night to celebrate my newfound wealth.
Hell, it probably cost me more in gas and electricity to drive down to the bank and deposit that check than the actual value it was worth.
If this becomes a class action suit, I can't wait to see what kind of "just" compensation I'll get out of this! - franklinbluth, on 10/12/2007, -2/+12Say? Yes. Prove? Entirely different story. You'll find out at Law School. Have fun.
- sleepwalkers, on 10/12/2007, -0/+10You must've been the best customer service rep ever. Being an ass to everyone who disagrees with you is totally the way to leave someone with a good taste in their mouth and make them want to come back because they had such an excellent experience with customer service.
Their policy strictly states they do not have to honor that deal. A price listed on a website, like many others have said, is not a legally binding contract. They do NOT have to honor that price, and unless you can provide some proof that others received that product for that price on the website, you have no right to say OfficeMax is just backing out of a deal they didn't want to follow through on.
It's the same thing (at least in Michigan) with in-store pricing laws. If it's an obvious mis-marking that's the fault of an employee, the company does not have to give the customer that price. - deadbaby, on 10/12/2007, -2/+12If sales=>5000;
out_of_stock=TRUE;
How hard is that? My big problem with this situation is that sites like OfficeMax do this stuff ON PURPOSE to drive traffic into the site. It pisses me off to feel like I got taken advantage of just so OfficeMax could pretend to have a really good deal. Either sell me the product or not. If you sell it to me, you deliver it to me. That's how it's supposed to work. (and no, i didn't even order one of these drives. i am just bitter from past experiences) - Bolko, on 10/12/2007, -6/+15GEORGE BU$H DOESNT CARE ABOUT FLASH DRIVES
- deadbaby, on 10/12/2007, -0/+9OfficeMax is famous for this bait and dump tactic. I've been burnt on it before. Usually what they do is say the product is out of stock and, by the time they ship it to you, the price they offered it at isn't much of a good deal anymore.
- dmron, on 10/12/2007, -2/+11Pull that stick out of your ass and try to enjoy life, lurkerx. There are more important things than whining like a little bitch because a company won't honor an advertised price.
- nathanlandis, on 10/12/2007, -2/+11Hooray for the Internet, where we can groan about things that don't matter in real life....
- bking, on 10/12/2007, -2/+11So next time there's a frivolous lawsuit on Digg, you guys won't be pissing and moaning about the sad state of America, right?
Seriously, listen to yourselves. - imjoe, on 10/12/2007, -1/+10I'll take two wii's and a ps3. Where should I send my $3?
I hope you know that post was a binding contract.... - squeky, on 10/12/2007, -4/+12I ordered one crossing my fingers to get it. There's this thing called disappointment when you're hoping to get something, but don't. Maybe all the crybabies can learn a thing or two about this word. You don't always get everything you want. Boo hoo. An ad is a solicitation to sell, not a binding contract. Seriously, you guys need to read up on laws. Besides, if you ever win, by the time the class action goes through, 4 GB drives will be $5. If you do, I'll join in and benefit from all the hard work the crybabies put in. Win-win for me, lose-win for the crybabies ;-) For everyone who ordered hoping to sell on EBay, DIAF.
- danep, on 10/12/2007, -6/+14I can't speak for online stores but having spent I lot of time working retail I can tell you that a company CANNOT legally charge you anything other than the price listed, no matter what. "Typographical errors" are no exception.
- inactive, on 10/12/2007, -2/+10I'm the one that created the story that this digg link is a duplicate of ( http://digg.com/tech_deals/Officemax_4GB_Flash_Drive_for_17_98_OFFER_CANCELLED ) and with a title like this one, I'm almost sorry to have done it. I just wanted to let people know. I am definitely not down for any kind of lawsuit.
Like someone said as a comment to my link, those of us that bought one (the intelligent ones) understood it was such a good deal that we risked an order cancellation along the way.
Well, it happened.
Deal with it? - redDC143C, on 10/12/2007, -5/+13I got over it the first time Office Max screwed me over (in-store, not online). I stayed pissed off the second time they screwed me over (this time online, thought it may have just been the local store that employed morons).
This time I am staying pissed off. Am I going to initiate legal action? No - I may join a class action if it progresses, but other than that nothing. I will however, *never* consider buying from Office Max in any near future, and will encourage my friends, family and colleagues to follow this lead. I am also urging the digg community to boycott Office Max.
So there ya go. - ZinjaShike, on 10/12/2007, -3/+11Actually guys, it's worth mentioning that laws can very from state to state. Where I live, even if they massively screw up the price they must still honor it. The only way stores have got out of this is if they put up a correction before customers come into the store due to a clause.
I actually got a bike $400 cheaper than I was supposed to due to a misquote at a shop because of it, and have got a couple things cheaper here and there from a couple stores due to them not fixing signs from sales/clearances. Hell, I had got a Rio S50 for $35 new when the MSRP was $140 from Best Buy quite a while ago.
It's also noteworthy that although they say they can change terms and conditions, I'm not so sure it can apply to all states due to certain commerce and other laws imposed. - inactive, on 10/12/2007, -0/+7You see, in a computer database driven world, placing a price at X$ or X% off is the same freaking typo.
Do you think they have a little clerk manually sticking 65% off .gif in the html source of every items? - AnotherName, on 10/12/2007, -2/+9i wonder if these same people say anything when a cashier forgets to ring something up, or undercharges. probably not.
- waitingforjune, on 10/12/2007, -0/+7@Entangled
Every time there is a system, someone will find a way to take advantage of it. Welcome to capitalism. - jerbaker, on 10/12/2007, -5/+12@MechaFenris: Citation please. Anyone who has taken Business Law 101 will know how to cite case law or the relevant code. Thanks.
- brbubba, on 10/12/2007, -0/+6Man what a whiny bitch. Were any of you around for the Staples $50 off $50 fiasco? Basically the idiots had a legit coupon meant for a select handful of customers. Geniuses that they are didn't make it unique and it also happened to work for everyone. So we all ordered $50 worth of merchandise for FREE. Half of us got a cancellation and the other half actually got their products. However, for those lucky enough to get their merchandise Staples claimed that it was an invalid coupon and started illegally charging customers if they didn't refuse delivery. Many people successfully challenged the charge with their CC company and won, while others were intimidated into returning the merchandise. Now that was an issue to get upset about, not this crap. This happens ALL the time. As long as the merchandise isn't in your hands they have every right to cancel your order. Next time go get a price match at the store sucker.
- briansearles, on 10/12/2007, -1/+7Dugg down for being absolutely ridiculous. Grow up and get off the internet for a few hours.
- colincornaby, on 10/12/2007, -1/+7Bait and Switch would require them to have sent you something different than they advertised. Canceling your order and returning your money is not Bait and Switch.
- rehkcts, on 10/12/2007, -0/+6I've taken a semester of Contracts at law school, and here's I see it, although I don't have a degree yet.
The following analysis doesn't get into all the different defenses OfficeMax could make, but this is one of their strong ones.
While the advertisement is an offer, when one makes a mistake in their offer that the offeree (the buyer here) knows about or should have known about, then the offer can be taken back even after acceptance. You can't force someone to keep their offer open to you when you know they made a mistake in making the offer, and they quickly tell you after acceptance that there was a mistake. Here, the buyer clearly admits knowing that he was getting too good of a deal. Look at all the other similar drives that are $100 higher on the same page. He knew the offer was or likely was a mistake.
I don't think a court would require OfficeMax to honor the offer in this circumstance. - 5hop4orce, on 10/12/2007, -6/+12@djlosch
There's a big problem with this time=money equation: You only get paid when you're on the clock.
If I had a gold mine in my backyard, and I could reliably collect $10 in gold per hour worked, then I might be swayed by your argument. As it stands, I get paid for exactly 40 hours of work each week and all the rest of my time is spent either waiting to go back to work or pursuing my hobbies. -
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