$30 BestBuy coupon for Geforce mistake

[Scootin159]

<< I just started a "roll call" thread in the Off Topic forum for those that received one of the $30 Best Buy Gift Certificates. Swing by and add your name to the list if you got one of these:


Roll Call: Best Buy $30 Gift Certificate for GeForce Pricing Error

There are rumors running around that 1400 orders were placed at the $129.99 price before it was raised to $399.99. I'm guessing that a *lot* of these orders were placed by Anandtech readers.

Bob >>



I have a feeling that a equal number of hard|OCP readers got in on it as well (remember they posted it on the front page).

 

[JJordan]

I am at the Order Submit page and it clearly says $0.00 charge to CC for $30 Gift Card -- It seems to be accepting the coupon for a Gift Card which would extend the time you have to spend the $30. Question -- Can a gift card be used for an on-line order later ?

 

[BobF]

That's a good point. I've edited my Roll Call thread to ask where people first heard of the deal:

Roll Call: Best Buy $30 Gift Certificate for GeForce Pricing Error

I saw it first on the Anandtech Hot Deals forum via SaltBoy's post. Then I noticed it on the Fat Wallet forums and later on the Techbargains main page.

Bob



<< I have a feeling that a equal number of hard|OCP readers got in on it as well (remember they posted it on the front page). >>

 

[HKSturboKID]

The 60gig 7200rpm maxtor drive is pretty good. Its $159.99 - $30 coupon and it comes with $30 Bestbuy gift card after MIR. Which brings the harddrive down to $99.99 + tax and shipping.

Not bad.

What are you guys getting?

 

[wildwildwes]

Some of you people make me sick. Be happy that you got what you did. You're not entitled to anything.

As for the $99 bullsh!t, some of you need to get your heads out of your asses. It's not a matter of believing best buy over the internet, its a matter of believing common sense over nonsense.

 

[element]

Ever heard the term 'prices subject to change without notice'?

IMHO you're all lucky you got a $30 coupon. If I was in charge at best buy you'd get a $15 coupon and a teething ring, or a little baby rattle.

 

[geekender]

The scan is phony. I printed it and also tried it on my monitor, get a straightedge (not just a piece of paper) and you will see the numbers dont even line up....can you say copy and paste?

Also, there are various "shadows" around the pricing info that potentially could be explained by deviations in the scan but more likely are from cropping the surrounding area.

On top of that, BestBuy buys from a vendor. The mose any vendors make on PC parts is 10-15%. No freaking way they are getting a 300% markup on these cards. Nvidia makes more than BestBuy per card.

Case closed.

 

[Gilby]

Wow. Two corporate toadies in a row.

Can't enter into a contract then unilaterally change it. I can't sell you an item for $50, then a few days later increase the charge to $150. And, if the sale at $50 was a valid sale and contract, I can't cancel the order or say something like "pay $150 or you aren't getting it." Prices can be subject to change, but you misunderstand the meaning of the phrase. It applies to future contracts, but not existing ones. (Best Buy, or anyone else, could try to claim that it does, but that would be blatantly illegal under all existing law.) Only thing in question is the validity of the contract, and it really is something that needs to be decided in a court case. The biggest reason is we really need a good test case to protect our rights in the future.

Quite honestly, the $99 Best Buy price is completely irrelevant.

 

[Scootin159]

<< The scan is phony. I printed it and also tried it on my monitor, get a straightedge (not just a piece of paper) and you will see the numbers dont even line up....can you say copy and paste?

Also, there are various "shadows" around the pricing info that potentially could be explained by deviations in the scan but more likely are from cropping the surrounding area.

On top of that, BestBuy buys from a vendor. The mose any vendors make on PC parts is 10-15%. No freaking way they are getting a 300% markup on these cards. Nvidia makes more than BestBuy per card.

Case closed. >>



I as well analyzed the scan using various filters that really enhanse any irregularities in the scans (like a 1-bit change in pixel color). However as much as I can tell it did actually look authentic. I even copied a small 6x6 pixel square from the center of where the missing digit would be & had it check the rest of the image for a matching pattern....none found. Logic says that this MUST be a fake, there is no way that they get the cards for $99, and if they did, why wouldn't they allow the sales to go through, they would be making profit @ $129.99 then. Must just be a good photoshop job.

BTW, I imagine the char's not lining up would be from the scanning.

Just another thought, maybe the price is real on that scan, but the model #, ect. isn't...hmm...

Edit: also maybe they just generated that printout themselves...

 

[CPA]

<< Wow. Two corporate toadies in a row.

Can't enter into a contract then unilaterally change it. I can't sell you an item for $50, then a few days later increase the charge to $150. And, if the sale at $50 was a valid sale and contract, I can't cancel the order or say something like "pay $150 or you aren't getting it." Prices can be subject to change, but you misunderstand the meaning of the phrase. It applies to future contracts, but not existing ones. (Best Buy, or anyone else, could try to claim that it does, but that would be blatantly illegal under all existing law.) Only thing in question is the validity of the contract, and it really is something that needs to be decided in a court case. The biggest reason is we really need a good test case to protect our rights in the future.

Quite honestly, the $99 Best Buy price is completely irrelevant. >>



I usually refrain from jumping on other members, but I just couldn't let this one go.

Gilby, you have no idea what you are talking about concerning contract law. An advertisement (which the $129 was) is NOT an offer. The offer comes when you request to purchase the product. Then Best Buy or any retailer has the right to accept or not the offer you have made. Finally, there must be some form of consideration between the two parties to finalize the contract.

Have you ever gone into a B&M and negotiated the price??? It happens all the time because it is the CUSTOMER that makes the offer, NOT the B&M. The B&M decides to accept. There seems to be a misconception about this process running amongst some of you crying foul. Get the laws straight.

Don't believe me, try this: Get one of those CD/DVD cards you find in magazines. Take a ruler and fine point black pen. Neatly cross out any lines on the card that state you will make future purchases. Send the card in with your 12 free cd OFFER and the amount they want for shipping. Receive your CDs and DO NOT send the next reply card in. Wait for the automatic shipment and DO NOT pay the bill. A few weeks later you will get a notice of late payment. Send a formal letter briefly explaining contract law (offer, acceptance and consideration) and that you clearly indicated on your OFFER (the card) that you would not make future purchases. It may take a second letter later on, but they will eventually send a reply to fact that you are right and they are sorry for the mistake. 13 CDs for shipping only! Perfectly legitimate and legal under contract law. I know, I have done it.


Also, wasn't this Kodak lawsuit in Britain. Last time I knew Britain did not follow UCC laws that the US follows. Different laws, different standards, different outcomes.

 

[broadwayblue]

<< Wow. Two corporate toadies in a row.

Can't enter into a contract then unilaterally change it. I can't sell you an item for $50, then a few days later increase the charge to $150. And, if the sale at $50 was a valid sale and contract, I can't cancel the order or say something like "pay $150 or you aren't getting it." Prices can be subject to change, but you misunderstand the meaning of the phrase. It applies to future contracts, but not existing ones. (Best Buy, or anyone else, could try to claim that it does, but that would be blatantly illegal under all existing law.) Only thing in question is the validity of the contract, and it really is something that needs to be decided in a court case. The biggest reason is we really need a good test case to protect our rights in the future.

Quite honestly, the $99 Best Buy price is completely irrelevant. >>



exactly right. the question here really comes down to whether or not best buy actually sold us anything. sure we made an offer to buy the card at $129 and we gave them our credit card info, but they never accepted. they never took our money and they never shipped us the product. so at what point does a transaction actually become a sale? if it's not until they take our money then i'm pretty sure they are legally in the clear, although i really think they should honor our orders.

 

[ScrapSilicon]

<< Ever heard the term 'prices subject to change without notice'?

IMHO you're all lucky you got a $30 coupon. If I was in charge at best buy you'd get a $15 coupon and a teething ring, or a little baby rattle. >>

that another BB ToS offer ?

 

[tjwenger]

I agree with the Brag and Moan, I dont care how many peeps got in on this, Is it a Hot deal? No. Therefore It shouldnt Be here, THere are like six Locked threads on the first page right now, Common ppl, Have a Little Common sense, IF ITS NOT A HOT DEAL, DONT POST IT! NO QUESTIONS, COMMENTS, OR OT are necessary here!!!

 

[ScrapSilicon]

<<

<< Wow. Two corporate toadies in a row.

Can't enter into a contract then unilaterally change it. I can't sell you an item for $50, then a few days later increase the charge to $150. And, if the sale at $50 was a valid sale and contract, I can't cancel the order or say something like "pay $150 or you aren't getting it." Prices can be subject to change, but you misunderstand the meaning of the phrase. It applies to future contracts, but not existing ones. (Best Buy, or anyone else, could try to claim that it does, but that would be blatantly illegal under all existing law.) Only thing in question is the validity of the contract, and it really is something that needs to be decided in a court case. The biggest reason is we really need a good test case to protect our rights in the future.

Quite honestly, the $99 Best Buy price is completely irrelevant. >>



I usually refrain from jumping on other members, but I just couldn't let this one go.

Gilby, you have no idea what you are talking about concerning contract law. An advertisement (which the $129 was) is NOT an offer. The offer comes when you request to purchase the product. Then Best Buy or any retailer has the right to accept or not the offer you have made. Finally, there must be some form of consideration between the two parties to finalize the contract.

Have you ever gone into a B&M and negotiated the price??? It happens all the time because it is the CUSTOMER that makes the offer, NOT the B&M. The B&M decides to accept. There seems to be a misconception about this process running amongst some of you crying foul. Get the laws straight.

Don't believe me, try this: Get one of those CD/DVD cards you find in magazines. Take a ruler and fine point black pen. Neatly cross out any lines on the card that state you will make future purchases. Send the card in with your 12 free cd OFFER and the amount they want for shipping. Receive your CDs and DO NOT send the next reply card in. Wait for the automatic shipment and DO NOT pay the bill. A few weeks later you will get a notice of late payment. Send a formal letter briefly explaining contract law (offer, acceptance and consideration) and that you clearly indicated on your OFFER (the card) that you would not make future purchases. It may take a second letter later on, but they will eventually send a reply to fact that you are right and they are sorry for the mistake. 13 CDs for shipping only! Perfectly legitimate and legal under contract law. I know, I have done it.


Also, wasn't this Kodak lawsuit in Britain. Last time I knew Britain did not follow UCC laws that the US follows. Different laws, different standards, different outcomes. >>

you have your terms ill-defined(remember this is legalese therefor must not be easy to comprehend )..."invitation to treat" offer was made by BB... an offer accepted by consumer (cc payment info and customer account info i.e. shipping/billing addresses) and BB ( offer accepted by BB with "special pre-order in process" email... )consideration ( this is the sticking point ..Consideration...." Something (as an act or forbearance or the promise thereof) done or given by one party for the act or promise of another see also contract compare motive
- Except in Louisiana, consideration is a necessary element to the creation of a contract. -The consideration must result from bargaining by the parties, and must be the thing that induces the mutual promises." ) well has not come into play here ( Atomica ...nice prog ) of course I do not really care either way...and why is this thread still not paddied??

 

[Antisocial Virge]

Ok..put it this way. If that $99 price was real why wouldn't they just say "woops, we mad a mistake but we will still sell it for $129" They would still make $$ on it and come out smelling like roses. Instead they give away $30 to all the cry babies, who still are not happy and are still screaming lawsuit, and lose all that money for nothing. Think about if for longer than it takes you to rub your crotch and think about the next "hot deal/scam"

All the people who are not happy even with the $30 gift give Anandtech and the human race a bad name.

 

[waggy]

Great $30 for nothing! well i guess all the time people sat bit**ing and moaning paid off!
i will take the $30 and run. were not getting the card at $129 it aint happening but this is better then nothing!

 

[Crank]

CPA is right on the money, I'm sorry to say.
I have a good friend who is a lawyer, and he basically told me everything that CPA stated in his post.
He also told me that using the $30 coupon would in no way invalidate a claim on any future reparations offered or forced from Best Buy, in the very unlikely event that there are any.
If you're still worried, note that there are no such exclusions listed anywhere in the e-mail.
I used mine today to get a DVD Rom for about $25 After Rebate.
Those interested can find it here:

BB DVDrom

 

[ScrapSilicon]

<< CPA is right on the money, I'm sorry to say.
I have a good friend who is a lawyer, and he basically told me everything that CPA stated in his post.
He also told me that using the $30 coupon would in no way invalidate a claim on any future reparations offered or forced from Best Buy, in the very unlikely event that there are any.
If you're still worried, note that there are no such exclusions listed anywhere in the e-mail.
I used mine today to get a DVD Rom for about $25 After Rebate.
Those interested can find it here:

BB DVDrom >>

cool Crank....that's a LTD-163

 

[Crank]

?? What's a LTD-163?
I hope you're not being mean to me, as that would hurt my feelings.....

/edit: nevermind, I see that that's the Lite On model number. I thought maybe you were poking fun at me with some of that slang all those crazy kids use, like
w00t, I=3l33T HaXXor and i ownz Joo!!
and stuff like that

These arguments can get pretty spirited, you know!

 

[Vette73]

LTD-163 is a Lite-On DVD-Rom , Thats a good thing.

But BB needs to be adult about things and sell the cards at the listed price ~~~~~~~~~

 

[audiophan]

ahhhgr, i knew i should have gone on that gf4 thing!

just to lazy to fill out all the info when i knew it wasn't coming

 

[Turbopit]

<< This and I never got a cent from the Buy.com monitor fiasco either, despite being a part of that too.

>>




Bummer dude, I got a check for $50 or something like tha this summer, several years after it happened.

On this deal, even if some action was going to be taken against BB, how much cash does anyone think they would get? and when? I'd rather just use my $30 now. I was more than happy to get it, I wouldn't have really cared if they did nothing. I've got better things to do in life than worry about a pricing error on a friggin video card. Some of you seem to need to back away from the computer and realize there is a whole real world out there to explore. It's pretty cool.

 

[DevilsAdvocate]

Ok- where does it say that acceptance of this $30 thingy results in the user's waiver of any rights to sue under a DTPA, contract, or tort action? A waiver would have to be written, and there is not a waiver in the e-mail.

I don't see any reason why you can't have your cake and eat it too, here.

 

[GooberedUp]

<< CPA is right on the money, I'm sorry to say.
I have a good friend who is a lawyer, and he basically told me everything that CPA stated in his post.
He also told me that using the $30 coupon would in no way invalidate a claim on any future reparations offered or forced from Best Buy, in the very unlikely event that there are any.
If you're still worried, note that there are no such exclusions listed anywhere in the e-mail.
I used mine today to get a DVD Rom for about $25 After Rebate.
Those interested can find it here:

BB DVDrom >>



I'm a lawyer, as are several others here. And, what I say or any other lawyer says here or off the board isn't the word of the almighty. Law can be interpreted in very different ways (let alone dealing with the differences from state to state). For example, people are worried that the $30 coupon if remitted will result in accord and satisfaction of the purchase made for the vid card on BB's site. Is that true? I don't know. Spewing out black letter law is one thing, but how that law is interpreted in light of case law and/or in front of a judge/jury is completely different.

I think it is a good thing to discuss the legal theories, but that's all it is--a discussion of all the angles of the laws that may apply. Granted, this discussion maybe useful down the road, but people need to realize that there is no definitive answer here. He who comes up with the best legal theory--either offensively or defensively--will win.

 

[DevilsAdvocate]

Is there a class action suit in the works yet? There will be (IMHO). I'm just curious ...