What is Digg?311 Comments
- dadrew1, on 10/12/2007, -1/+139You realize your full name, phone number, and address are on that receipt for the world to know, correct? Just a thought.
- no2gates, on 10/12/2007, -11/+116Lame ass excuse...
- sjons, on 10/12/2007, -22/+121I ordered mine immediately after seeing it on digg a few days ago and then i rec'd it yesterday via DHL! But then today as well, i got the same above notice in an email, but HA! they had already sent it to me!!! pics cause it happened - http://web.mac.com/agentnhr/iWeb/Site/Library.html
- inactive, on 10/12/2007, -0/+54"You realize your full name, phone number, and address are on that receipt for the world to know, correct? Just a thought."
I think we should all call him and congratulate him. - tekrat, on 10/12/2007, -9/+57Sounds like they have a PR problem. If enough diggers complain they will have to either fulfill the orders or send out some gift certificates. Either way they're going to have to pay. Especially since the credit cards were accepted and authorized which made this a legally binding contract between OfficeMax and the buyer. A nifty fact that most companies over look.
I personally think what got posted was the wholesale price OfficeMax pays without any mark up. - goostoff, on 10/12/2007, -2/+49Oh come on. This isn't nearly as bad as as the current Amazon.com DVD fiasco. They shipped DVD's out at the wrong price. Sometimes 90% lower than original price. Now they are telling customers that they are going to get charged a second time for the items to correct their mistake. I'd rather have a canceled order than a second, unauthorized charge of my credit card.
- rarkai, on 10/12/2007, -8/+51Way to put your personal info up Stephen "sjons" Schrader
- bitt3n, on 10/12/2007, -1/+35canceled with one L is perfectly acceptable, as is traveler with one L, etc. You are one grammar nazi who should be executed at grammar Nuremburg.
- ad88, on 10/12/2007, -11/+41Yeah... it's official.... I just got their email...
"Dear OfficeMax Customer,
This is to advise you that item xxxxxxxx - Verbatim 4GB USB Drive has been canceled from your order due to an inadvertent typographical pricing error on our website. According to the Terms of Use on OfficeMax.com, OfficeMax does not have to honor a price that is a typographical error. We apologize for the inconvenience. If you have additional questions, please contact a customer service representative at 1-877-OFFICEMAX."
the line "According to the Terms of Use on OfficeMax.com, OfficeMax does not have to honor a price that is a typographical error." tells me to never buy from them again. They may have saved 20 bucks by canceling my order but have lost all my future business. - Way to go OfficeMax!! - CaptRage, on 10/12/2007, -10/+40If they claim that they do not have to honor a price due to a typographical error then why don't they just say that they don't have to honor any price, since they could claim any price is a typographical error.
- Dunadan, on 10/12/2007, -1/+25What gets me other than the bad business practice is knowing if I had walked in to the store and bought it I'd have gotten the drive at the cheap price and they couldn't take it back.
- jreyst, on 10/12/2007, -11/+33I too will not buy from OfficeMax again if this does not change. How many times do they mistakenly charge someone too much for merchandise and the buyer never notices. Thats free money for them. On the flip side if they charge too little this is supposed to make up for that. Do you think they call up customers whom they inadvertently over-charged and say "Hey you know what? We noticed we accidentally over-charged you a dollar the last time you were in the store. Next time you come in please take a dollar off your total purchase. Sorry! We really strive to be accurate in our pricing and regret the mistake!" No... they go "Oh crap all the 3-ring binders were supposed to ring up as 99 cents but we mis-priced them as $1.99... oh well, BONUS!" If they can notice when they under-charge you can damn sure bet they know when they over-charged.
- cruelpupet, on 10/12/2007, -1/+23...and thats exactly why the order was canceled for almost everyone.
- ahze, on 10/12/2007, -12/+33I just got the same email. I'll never shop officemax again.
- Technopundit, on 10/12/2007, -8/+29Once I bought a paper cutter at OfficeMax which was obviously defecive. I had lost the receipt. They exchanged it anyway.
Boring story, huh? - Hawkeye315, on 10/12/2007, -2/+22Wow. You're lucky, sjons. That is a great deal for a 4 GB flash drive. A 2 GB at that price is a good deal. And you may want to edit that receipt...
- TheRealStyro, on 10/12/2007, -3/+21If Amazon, of any other shop/service, came back and wanted to charge me again for a purchase I would simply tell them the charge will be unauthorized and subject to a fraud investigation. When they charge your card, simple call the card service and dispute the charge as fraudulant and unauthorized.
Stores/service providers should be held accountable for 'typos'. There is no reason in this day and age for that nonsense. Double- & triple-checking of ad copy and web page content should be standard for any company. If they don't have the resources to support the checking, then they should be force to honor their mistake. - LowFuel, on 10/12/2007, -0/+15About 4 years ago Dell accidentally listed two 100$ rebates on a 220$ hard drive, final price = 20$.
I ordered one along with about 100,000 other people before they fixed it. Originally they said they were only going to honor one of the rebates. But ultimately they made good on it and we all got our 20$ hard drives.
So, props to Dell for that! - rooskie, on 10/12/2007, -5/+19I know who I *won't* be placing my yearly toner order through this month
- rooskie, on 10/12/2007, -2/+16" Let's take the DIGG effect to the next Level"
Let's just remember that the brick & mortar stores have nothing to do with this, so don't bitch there. - merreborn, on 10/12/2007, -1/+14"Especially since the credit cards were accepted and authorized which made this a legally binding contract between OfficeMax and the buyer."
*****. Once your credit card has been authorized, you're perfectly free to cancel the order as a buyer, or seller. When's the last time you tried to cancel an order, and the retailer responded "Oh, I'm sorry, you're legally required to receive this item now." - bf01, on 10/12/2007, -3/+15My Webster's dictionary says that both spellings are correct.
- JimV, on 10/12/2007, -13/+25"I just got the same email. I'll never shop officemax again."
Because OfficeMax didn't feel like filling a Digg swarm's worth of mis-priced orders? Grow up. - bossm4n, on 10/12/2007, -7/+19I just received the email this morning as well. In addition to canceling my companies account with Officemax, I'll be sure to help spread the word anyway possible about their fraudulent business practices. If you made a mistake, own up to it and make it right. I hope this costs them $$$$ big time. Digg this story up to the front page. Don't let them get away with this.
- Kyle660, on 10/12/2007, -1/+13Somehow, I don't feel sorry for you. Maybe it's because you're a greedy jerkoff.
- sirloin, on 10/12/2007, -2/+14they can put a hold without completing the charge and it is not a binding contract
if they did charge though they have to honor it.
If they did not, they dont have to do crap.. it is a typo. - Bitruder, on 10/12/2007, -0/+12CaptRage:
Well... they would never sell anything then? - jreyst, on 10/12/2007, -2/+13Dunadan: Exactly. Because this is the internet its different and they get to screw you like they couldn't otherwise. Had I gone into the store I'd have the damn thing right now.
- pondster, on 10/12/2007, -10/+21same here - I just got my letter and I will no longer shop office max!
- chedabob, on 10/12/2007, -1/+11Normally, companies honour stuff like this, but I think the fact that it got posted on digg is the reason they aren't honouring it. One time, on Amazon UK, they put a £500 camera up for £19, about 200 people ordered it, and Amazon honoured it.
Most sites have something along the lines of "Excluding errors and/or omissions" somewhere in their terms and conditions. - jreyst, on 10/12/2007, -6/+16I agree... if enough people start threatening to bad-mouth OfficeMax all over the web they may change their minds. I ordered one and got my cancellation email a few minutes ago. I'm major pissed. They need to honor the prices stated on their website or hire better proofreaders. What say we all send a massive notice to them expressing our discontent?
- pyrates, on 10/12/2007, -3/+13@Mothy
The customer is not always right, see here:
http://positivesharing.com/2006/07/why-the-customer-is-always-right-results-in-bad-customer-service - bigtallmofo, on 10/12/2007, -3/+12You're an idiot. Thanks for ruining it for everyone.
- Tenlow, on 10/12/2007, -2/+11In california, there is a law that states if you are a retailer, and you price something incorrectly, you have to use the lowest posted price (if the incorrect price is lower than the actual price, you have to use the incorrect price)
I wish that law applied to online retailers as well. - tooslickvan, on 10/12/2007, -0/+9@JimV
The California law that requires retailers to give the lowest price advertised was created in response to retailers scamming customers by posting low prices but charging them higher prices at the checkout and claiming that the low prices was the error. - slonkak, on 10/12/2007, -3/+12IANAL, but I filed with the Better Business Bureau and contacted 2 lawyers to see if we have a case. According to OfficeMax's terms of use:
"Disclaimer. BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
THIS SITE IS PROVIDED "AS IS". OFFICEMAX DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS (INCLUDING THE MILLENNIUM OR YEAR 2000 BUG), OR OTHER HARMFUL COMPONENTS.
OfficeMax will not be responsible for any errors or omissions in the Materials or information provided on this site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this site or in a hyperlink site.
References to third-parties, their products, and/or services does not imply endorsement by OfficeMax thereof.
This site may contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in updates of the site. OfficeMax may make improvements and/or changes in the product(s) and/or the program(s) described in this site at any time without notice."
But, according to the Internet Law Library's section on enforceable contracts:
"Based on current case law, for clickwrap agreements to be binding, the user must be forced to view the agreement, take some action to agree to it and be prevented from proceeding with use if the user does not agree, and have an option to return or end use of the product and receive a full refund."
So, unless we were forced to accept their terms before making our purchase, their disclaimer is NOT binding. However, the wording from the ILL makes me think that unless they charged your credit card, you have no recourse. Either way, I'm still gonna find out. I'm not looking to make millions, I just want my 4GB drive. - mercurysquad, on 10/12/2007, -4/+13It's actually not an excuse at all - all you have to do is check whether your credit card was billed or not (which they must have reversed now). If yes, then they have no excuse. Because no matter what part of the world you're from, the maximum liberty afforded to sellers is that they can decide what to charge at the time of payment. So since they already charged you, it is legally binding that they also sell you the product. Now if it was a typographical error, and they do not wish to honour the offer, they should not have charged your CC in the first place. So check your CC statement. But OF COURSE I AM NOT A LAWYER OR EVEN A BUSINESSMAN.
- ABadInAlbany, on 10/12/2007, -3/+12Maybe if you threw some cheese at them along with that 'wine?'
- merreborn, on 10/12/2007, -15/+24Every single retailer on the net has had to do this. Amazon's done it thousands of times now. It's just a fact of doing business on the net.
You can't expect these guys to drive themselves out of business every time they make a typo. If you honestly expect a retailer to sell thousands of people an item that they've accidentally priced at under cost, you're just naive. - twooranges, on 10/12/2007, -0/+9this is from there website. http://about.officemax.com/legal/
TERMS AND CONDITIONS OF SALE
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE "CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The following terms and conditions shall apply to all orders by Customer through this web site for the purchase of office supplies, paper products, office furniture, technology equipment and consumables, and related products ("Supplies") from OfficeMax. By accepting delivery of the Supplies, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless Customer and OfficeMax have signed a separate Agreement covering the purchase of the Supplies in which case the separate agreement shall govern.
1. PURCHASE. Upon OfficeMax's acceptance of a Customer's order, a firm contract for the purchase and sale of the Supplies will be formed between OfficeMax and Customer, and shall incorporate all the terms set forth herein. These terms and conditions shall not be altered or amended by the use of any document(s). Any attempt to alter this document or to enter an order for Supplies which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by both parties. - rekanize, on 10/12/2007, -2/+10As a former OfficeMax employee, I've seen typos like this before... Check the fine print from any circular of any comparable store... the "typo" clause is in every one of them. Small typos, yes, I can see honoring without an issue. But... if the typo involves selling a ton of something at a distinct LOSS, I think it's foolish that you'd really expect a large corporation to allow that, especially considering the erroneous nature of it to begin with.
All I'm saying is: if you got it before they picked up on it, Nice... if you didn't... better luck next time. I'd rather shop @ OfficeMax than at Depot any day of the week. - pt4117, on 10/12/2007, -2/+10@mer
Every single retailer should make something where the website won't allow them to enter a price below cost without confirmation, or a special password. Either that or make good on their mistakes.
Ok, Ok, I know this isn't realistic for some small mom and pop places, but Amazon and Officemax have the resources to make that happen. When I traded stocks and futures I would have to jump through a couple of hoops if I wanted to enter an offer below the current price. These guys can do this too. - cgseller, on 10/12/2007, -5/+13Don't false advertising laws apply here and require the store to honor the advertised price. Don't pay attention to the disclaimers, those are scare tactics, don't give up guys - do some research and see if the laws support you.... Any lawyers out there?
- ispcaster, on 10/12/2007, -2/+10
Talked to an attorney today and he looked into it. After he saw print outs of the webpage (PDFs) with the $17.98 price, and emails of purchases he said that there looks to be legal ground for a suit. Does anybody want to press this any further?
He also stated that if one person receives, or has received this product.. Done Deal. OfficeMax has not a leg to stand on.
I say we go for what we purchased and legal fees. What say you? - Technopundit, on 10/12/2007, -6/+13B.S. I'd bet you DO shop there again. If you're the kind of person that allows a simple mistake by a merchant to give you a grudge that you'll carry around for the rest of your life, you need medication.
- missflibbles, on 10/12/2007, -0/+7tenlow, it probably does apply to online retailers who have physical stores in the state of California. It might be a lot like sales tax.
- JaYBrooks, on 10/12/2007, -0/+7A legal claim? If they have a disclaimer, TOS ot TOU on the site. You are screwed. Now others have said how they have had places add charges to fix their mistake. This is a fraudulent charge since it wasn't in the agreement that you clicked the OK button on. On Office Max's web site there is a Terms Of USE and in it it says
QUOTE>
7. Disclaimer. BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
THIS SITE IS PROVIDED "AS IS". OFFICEMAX DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS (INCLUDING THE MILLENNIUM OR YEAR 2000 BUG), OR OTHER HARMFUL COMPONENTS.
OfficeMax will not be responsible for any errors or omissions in the Materials or information provided on this site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this site or in a hyperlink site.
References to third-parties, their products, and/or services does not imply endorsement by OfficeMax thereof.
This site may contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in updates of the site. OfficeMax may make improvements and/or changes in the product(s) and/or the program(s) described in this site at any time without notice.
< END Quote
Since you used the site then you agree. End of Story. - deezp1, on 10/12/2007, -2/+9Surprise, surprise their 1-877-OFFICEMAX line is not picking up!
- cderry, on 10/12/2007, -2/+9I talked to customer service. They know I'm not happy. I told them to cancel my order and that I was taking my business to Best Buy and Staples.
It seems that they can disclaim anything they want to. I wonder if they have a disclaimer that reads: "If the current situation doesn't have an associated disclaimer, we disclaim that too." - vstmonger, on 10/12/2007, -0/+7I bought a door from the local lumbar yard last summer. The sticker price was $259. It was advertised in their flyer for $369. They noticed the mistake, but still gave it to me for the sticker price. I will continue to shop at that store.
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