Dick's is a bunch of *****.

[SP33Demon]

I say good for the OP. Not everything is about money, it is the principal that is worth more too some. Dicks and other corps think they can do whatever they want because they know 99% of people wont do shit because it would cost them more than they are willing to potentially spend. You need a person like the OP who is willing to stick it to them to wake them up sometimes. All it takes is one person to open that gate for others with the same problem to pursue it.

Here's the problem, 99% of people cannot do shit already because their, and most every major store online, already say that orders can be cancelled at any time. Also, OP's Dick's seems to be run by idiots by not putting up the same sign behind the counter that says pre-orders can be cancelled at any time for any reason. If the OP wins, then good for him, but this isn't something that will be happening very frequently as more and more shopping is done online and B&M's mirror the same policies. OP is basically exploiting a loophole by buying the gun at a B&M vs online. So /golfclap.

PS: OP, where's the clause for mental anguish? /chuckle

 

[Phoenix86]

Here's the problem, 99% of people cannot do shit already because their, and most every major store online, already say that orders can be cancelled at any time. Also, OP's Dick's seems to be run by idiots by not putting up the same sign behind the counter that says pre-orders can be cancelled at any time for any reason. If the OP wins, then good for him, but this isn't something that will be happening very frequently as more and more shopping is done online and B&M's mirror the same policies. OP is basically exploiting a loophole by buying the gun at a B&M vs online. So /golfclap.

PS: OP, where's the clause for mental anguish? /chuckle

I love how standard laws written explicitly for a standard method of doing business (face to face) is exploiting a loophole.

 

[K1052]

I don't know if you've been paying attention for the last couple of weeks, but every 99% of all domestic "assault rifle" inventory listed at MSRP has been sold into private hands.

Walk into any firearms store nationwide that is selling "assault rifles" for MSRP and you'll find bare shelves.

Years worth of inventory has been transferred into private hands in the matter of weeks.

No joke. I went into a larger shop downstate that I used to buy from a lot and there was virtually nothing semi-auto on the walls except a couple Ruger 10/22s and a DSA FAL (priced at twice what I paid for mine). Ammo section was cleaned out of the expected calibers (5.56, 7.62x39, 7.62 Nato, etc). Guys there said that all other shops are in the same condition. The few rifles they get back in stock are sold before they hit the floor. Even the high capacity handguns are moving now....there were 6 people filling out paperwork for Glocks while I was there.

 

[SP33Demon]

I love how standard laws written explicitly for a standard method of doing business (face to face) is exploiting a loophole.

When it's arguably not the norm and will continue to be phased out, then it's a loophole. Show me a major website that you can buy a gun from where it doesn't say that your order can be cancelled at any time.

 

[Cerb]

When it's arguably not the norm and will continue to be phased out, then it's a loophole. Show me a major website that you can buy a gun from where it doesn't say that your order can be cancelled at any time.

The OP was on a website? I figured that, "went in early," was intended to convey that the OP actually went in to a B&M store, and purchased the good(s) (well, an IOU) from a clerk.

Why should anyone show you a website, for what is about a B&M transaction? Most online sales are assumed to be interstate, so state consumer protection laws will not always apply. If they do apply, however, a note saying, "we reserve the right to cancel your order," would be void anyway.

 

[SunnyD]

Updates...

Because you thread posters wanted pics, you get pics.

The following links are pics of my redacted demand letter as well as some pics from the local Dick's store I took this weekend. I went to Dick's for the pics because of other posters claiming they saw signs in the store stating that Dick's could cancel pre-order sales at anytime. Not only did my Dick's not have any signs at the gun counter or registers that said that at all, they did have signs that said "ALL SALES FINAL" in regards to firearms and ammo.

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Firearm counter with some safety signs and the all sales final sign hanging up
Blurry zoom in on the all sales final
Good zoom in on the all sales final sign that was attached to an ammo self

Quoted for applause. I can't see any of these here at work, but I'm sure I will take a peek when I get home.

You, sir, have my respect.

Take it to the hole, Shaquille!

 

[Phoenix86]

When it's arguably not the norm and will continue to be phased out, then it's a loophole. Show me a major website that you can buy a gun from where it doesn't say that your order can be cancelled at any time.

Buying from a B&M store is not the norm? Get out of your cave sometime.

edit: interestingly enough... show me where it says they can cancel at any time.

http://www.dickssportinggoods.com/helpdesk/index.jsp?display=safety&subdisplay=terms

 

[preslove]

Everyone realizes that Dick's doesn't have to respond, right? OP hasn't actually started suing them. The lawyer has given them 60 days to respond to his request for negotiations before starting actual litigation.

OP, have you gotten a quote from your honest and diligent legal counsel for how much it will cost to actually sue them? Are you prepared to spend that $? Do you have it budgeted?

Buying from a B&M store is not the norm? Get out of your cave sometime.

edit: interestingly enough... show me where it says they can cancel at any time.

http://www.dickssportinggoods.com/helpdesk/index.jsp?display=safety&subdisplay=terms

Have you read #11, limitation of liability? It's covered.

Though, those are terms of use for their website, which the OP didn't use.

OP says that he didn't sign anything with fine print, which I find highly implausible (though not impossible), because this is a gun AND it was back-ordered. You'd think that a modern big box would have a robust back-ordering system that would shield them from liability for indirect harm.

 

[dabuddha]

Get your gun yet OP and have you yet recovered from your severe mental anguish?

 

[SP33Demon]

Buying from a B&M store is not the norm? Get out of your cave sometime.

edit: interestingly enough... show me where it says they can cancel at any time.

http://www.dickssportinggoods.com/helpdesk/index.jsp?display=safety&subdisplay=terms

http://dcgunworks.com/policy/

Due to the highly regulated nature of this business, we reserve the right to refuse or cancel any order at any point in the transaction for any reason. Sales are not final until the order is received by the customer (or transfer dealer for firearms).

http://www.wholesalehunter.com/main/Policies.asp

We Do Reserve The Right To Cancel Any Order At Any Time For Any Reason.

http://www.budsgunshop.com/catalog/conditions.php

If we run out of stock we will cancel your order and refund your money.
...
In the event that we cancel an order we will not charge the customer's credit card or we will return the money.
...
BudsGunShop.Com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

http://www.armalite.com/Categories.aspx?Id=dfa41aa8-caf4-4e3e-b93e-39c0bc38d9c6

We reserve the right to limit product quantities to dealers, distributors, and retail customers. We also reserve the right to cancel order (or portions of orders) at any time without prior notice.

http://thegunhouse.com/guns_post/8/Important_General_Information/Terms_of_Use

TheGunHouse reserves the right to refuse any order.

Need more? lmao, Welcome to the 21st Century and the soon to be most common way of doing biz. But... mental anguish if they cancel my order b/c they don't have the item anymore. And I went to a B&M so I'm special! /rollingeyes

 

[preslove]

Get your gun yet OP and have you yet recovered from your severe mental anguish?

My bet is Dick's is going to ignore the letter and the OP is going to realize that he'll have to gamble a lot of money to actually sue them. Then he will regret spending more on the lawyer than he spent on the gun. Then the severe mental anguish will really begin, lol.

 

[olds]

http://dcgunworks.com/policy/


http://www.wholesalehunter.com/main/Policies.asp


http://www.budsgunshop.com/catalog/conditions.php


http://www.armalite.com/Categories.aspx?Id=dfa41aa8-caf4-4e3e-b93e-39c0bc38d9c6


http://thegunhouse.com/guns_post/8/Important_General_Information/Terms_of_Use


Need more? lmao, Welcome to the 21st Century and the soon to be most common way of doing biz. But... mental anguish if they cancel my order b/c they don't have the item anymore. And I went to a B&M so I'm special! /rollingeyes

Maybe it's too early or I am just stupid. What do those other stores have to do with Dick's?

 

[purbeast0]

Maybe it's too early or I am just stupid. What do those other stores have to do with Dick's?

glad i wasn't the only one wondering wtf he quoted other websites for.

 

[SP33Demon]

Maybe it's too early or I am just stupid. What do those other stores have to do with Dick's?

Nothing other than the fact that just about every online gun retailer also reserves the right to cancel an order at any time like Dick's. Reread earlier in the thread if you want the links to Dick's online policy.

It was more directed at the "I'm living in a cave" comment. The only one living in a cave is the OP in thinking that gun retailers like Dick's owe him something. Wake the fuck up, they don't owe you anything even if they took your money (as long as it was returned), this is a common practice for online gun retailers.

Some retailers are a little more professional, such as Cabela's, who will give you a refund during the waiting period while a gun is backordered. However, even they've had their share of screwups. I'm sure that Cabela's also gave the buyer a gift cert as well. The problem is when people think they're entitled to huge restitution like mental anguish and think a store owes them a blowjob for cancelling their order. They don't and most major big box chains will be legally covered for cancelling an order. Like Pres said, Dick's will probably just ignore the letter and make OP pay even more to get them in court. Good luck with that.

 

[preslove]

Nothing other than the fact that just about every online gun retailer also reserves the right to cancel an order at any time like Dick's. Reread earlier in the thread if you want the links to Dick's online policy.

It was more directed at the "I'm living in a cave" comment. The only one living in a cave is the OP in thinking that gun retailers like Dick's owe him something. Wake the fuck up, they don't owe you anything even if they took your money (as long as it was returned), this is a common practice for online gun retailers.

Some retailers are a little more professional, such as Cabela's, who will give you a refund during the waiting period while a gun is backordered. However, even they've had their share of screwups. I'm sure that Cabela's also gave the buyer a gift cert as well. The problem is when people think they're entitled to huge restitution like mental anguish and think a store owes them a blowjob for cancelling their order. They don't and most major big box chains will be legally covered for cancelling an order. Like Pres said, Dick's will probably just ignore the letter and make OP pay even more to get them in court. Good luck with that.

The thing is, the OP says that he never signed anything with fine print saying that, or talking about limited liability. That is laughably implausible. I find it really hard to believe that a major corporation like Dick's doesn't have a form with fine print that backorder purchasers must sign. Are we to believe that OP just went in, paid for the gun, and got a simple receipt? For a ~$800 purchase? That doesn't make sense.

Correct me if I'm wrong, op, but that part of your story sounds like bullshit.

 

[Cerb]

Need more?

No, we still need one.

You need to show something from a physical Dick's Sporting Goods store, that spells something like that out, that the customer must sign to complete their purchase.

It was a sale of a store in Texas to a buyer in Texas, and thus subject to those laws, and on top of that, subject to any additional laws protecting customers buying retail. This is about an in-state B&M purchase, apparently treated in the store(s) as a regular sale, and apparently of an item that there was sufficient stock for (note the, "apparently" appearances--we still haven't seen exactly what the OP did have to sign).

Not only that, but if Texas state law protects consumers in this type of scenario, then DSG wouldn't have a leg to stand on, even if they did have customers sign a contract allowing cancellation of an order.

I'm not even fully on the OP's side, but you're arguing crap. If you would so much as the read the current updated version of the first post, you would see that.

Several UPDATES to the OP that I posted later in the thread. Also to post answers raised later in this thread .

1) Everyone that purchased the item did so without signing or acknowledging any contract that allows for DSG (Dicks Sporting Goods) to cancel the sales order. The order was a complete sales transaction and nor a pre-order or a hold request with a monetary deposit.

2) DSG actually had stock to fulfill orders. They chose not to do so and instead had all stores return stock back to them. They are returning all stock of AR15s back to their suppliers.

 

[olds]

Nothing other than the fact that just about every online gun retailer also reserves the right to cancel an order at any time like Dick's. Reread earlier in the thread if you want the links to Dick's online policy.

It was more directed at the "I'm living in a cave" comment. The only one living in a cave is the OP in thinking that gun retailers like Dick's owe him something. Wake the fuck up, they don't owe you anything even if they took your money (as long as it was returned), this is a common practice for online gun retailers.

Some retailers are a little more professional, such as Cabela's, who will give you a refund during the waiting period while a gun is backordered. However, even they've had their share of screwups. I'm sure that Cabela's also gave the buyer a gift cert as well. The problem is when people think they're entitled to huge restitution like mental anguish and think a store owes them a blowjob for cancelling their order. They don't and most major big box chains will be legally covered for cancelling an order. Like Pres said, Dick's will probably just ignore the letter and make OP pay even more to get them in court. Good luck with that.

That's true about the other stores. Your error was inserting the personal attack on the OP and redirecting the argument back to Dick's.

 

[SP33Demon]

No, we still need one.

You need to show something from a physical Dick's Sporting Goods store, that spells something like that out, that the customer must sign to complete their purchase.

It was a sale of a store in Texas to a buyer in Texas, and thus subject to those laws, and on top of that, subject to any additional laws protecting customers buying retail. This is about an in-state B&M purchase, apparently treated in the store(s) as a regular sale, and apparently of an item that there was sufficient stock for (note the, "apparently" appearances--we still haven't seen exactly what the OP did have to sign).

Not only that, but if Texas state law protects consumers in this type of scenario, then DSG wouldn't have a leg to stand on, even if they did have customers sign a contract allowing cancellation of an order.

I'm not even fully on the OP's side, but you're arguing crap. If you would so much as the read the current updated version of the first post, you would see that.

How can it be a "complete sales transaction" if the OP didn't receive the gun? If goods are not received, then it's not a completed transaction. He knowingly left them a deposit in good faith that the order would be fulfilled (completed) at a later date when he received the goods.

I agree that state law could apply to a B&M. If he bought it online then it would not. I've proven that it's typical policy for online gun retailers to cancel an order at any time and OP is acting like he is owed more than a refund+100. We'll see if the state sides with him, but my point is that he would be laughed out the courtroom had he tried to buy it online.

 

[SP33Demon]

That's true about the other stores. Your error was inserting the personal attack on the OP and redirecting the argument back to Dick's.

There was no "error". I will continue to mock the OP for suing for mental anguish over something so trivial.

 

[diesbudt]

There was no "error". I will continue to mock the OP for suing for mental anguish over something so trivial.

People have sued over more trivial things and have won.

 

[dabuddha]

People have sued over more trivial things and have won.

And that's why the pussification of America continues unfortunately.

 

[spidey07]

How can it be a "complete sales transaction" if the OP didn't receive the gun? If goods are not received, then it's not a completed transaction. He knowingly left them a deposit in good faith that the order would be fulfilled (completed) at a later date when he received the goods.

I agree that state law could apply to a B&M. If he bought it online then it would not. I've proven that it's typical policy for online gun retailers to cancel an order at any time and OP is acting like he is owed more than a refund+100. We'll see if the state sides with him, but my point is that he would be laughed out the courtroom had he tried to buy it online.

But it wasn't purchased online. There is a BIG difference when the sale stays in the state.

Also, he didn't put down a deposit. He purchased a rifle, dicks MUST deliver that rifle if they can control it or pay appropriate damages.

 

[SunnyD]

There was no "error". I will continue to mock the OP for suing for mental anguish over something so trivial.

I may be wrong, but you may want to reread the thread. I believe that the OP pulled "mental anguish" off the table once he switch from UCC to the Texas consumer laws. Also, if I am not mistaken, nobody is suing anybody (yet).

 

[HumblePie]

I may be wrong, but you may want to reread the thread. I believe that the OP pulled "mental anguish" off the table once he switch from UCC to the Texas consumer laws. Also, if I am not mistaken, nobody is suing anybody (yet).

It's harder under DTPA for mental anguish, although if the guns are perma banned before Dick's can either give me the firearm or provide reasonable damages from illegally breaking the contract, then it may be something that could be added to the lawsuit. But only because the new legislation actually would put something in that would be technically a "life changing" piece to this contract. Meaning I otherwise would have owned this item but Dick's actions may have deprived me of that chance in my lifetime. But I'll cross that road if and only if I have to. Otherwise, the current course of action I am taking with my lawyer is the demand letter and wait until a response or up to 60 days. If Dick's responds in an unsatisfactory manner, or doesn't respond in 60 days then I will seek litigation. All that is laid out in the demand letter I already posted.

As for what the question about what I did with the purchase, I've stated it several times and that includes the original OP.

I walked into Dick's. Told them I wanted to purchase the gun. They said it was a 4 week back order and possibly longer and asked if I was ok with that. I said I was. They collected my personal info in their system and printed a copy of their compliance to call me when the item came into the store to fulfill my order. I then went to the register and made a purchase with my money. They gave me a REGULAR SALES RECEIPT that you would get from any other purchase of any other item at Dick's. Nothing fancy and nothing I had to sign. I did not complete the background check paperwork as they said I would do that when I came to pick up the gun. All they verified was that I was a Texas resident and that my contact info matched what was on my driver's license.

Once I paid for the item, the contract was negotiated and accepted by both parties. I agreed to deliver the sum of $799 + tax, which I did, and they agreed to deliver the AR15 I wanted in 4 weeks time frame.

Speaking of which, when I took those pictures of inside the store in Dick's the sales clerk said they had actually received all the guns to fulfill the order in the store. But were told not to call the customers, like myself, to come pick them up. They had them ready for me to walk in and get and within the 4 weeks. I had my phone on record during that conversation as well and made sure I got his name. So Dick's had the gun, could have delivered within the time frame specified orally by them at the time of the sale, and decided not to deliver. That is a breach of contract sales law. They made multiple breaches of the consumer laws here in Texas when they decided to do that.

 

[SphinxnihpS]

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