Did you miss the part in my OP about promotional pricing? Just this black friday I ordered an SSD from newegg and got a confirmation email from them. Then, 1 day later, they emailed me back that they basically said though luck, although we processed your order and charged your CC, the item is no longer in stock and we are issuing a refund.
Sounds a lot like the OP doesn't it? Order placed on agreed upon price, card charge, order cancelled, the end.
Was your card actually charged or was there a hold placed? Cause last time I checked, Newegg never actually charges your card until the order ships. There were a few laws enacted over this a few years ago. A HOLD on funds is legal and isn't a binding sale yet. I get those all the time. In my case, it was a SALE as funds were transferred.
it was charged. From the email:
"Please be informed that we have completed processing your refund in the amount of $108.74. You will receive your refund within 3-5 business days in the original payment method used when purchases were placed. We have noted that you have used VISA for this order."
And their reasoning for refunding? The FTC governs interstate commerce. There are relevant laws that protect consumers even for online purchases. In my case though, it wasn't an online interstate transaction which has different laws governing that form of transaction. Mine was a face to face transaction with cash and a bill of sale. Quite the difference set of circumstances. But I'll research real quick what options you had for your case.
By the time they processed my order, the item was OOS.
Don't waste your time researching, I don't plan on taking any action so it's a moot point.
Personally, I would think your time is better used developing your own case rather than explaining the law and distinguishing circumstances to ATOT.
If only someone had photoshopped his pic.
You seem to be far more worked up about that than the subject deserves.
That is a possibility. Have they said anything publicly about it? It's quite possible that either one is true:Actually, they could fulfill the order, they chose not to.
Just looked it up. Even if the item was a price mistake, as long as they had that item then the states laws regarding price mistakes where the company is located dictate the actions of the retailer. In your case, Newegg is in California. As such, Newegg is governed by California law and trade practices.
However, Newegg has a little check mark box at the time of check out that you agree to the terms of the sale. Which is that if a price error on an item was discovered before shipping, they have a right to back out of the sale. California allows that to be apart of a sale contract.
So in your case, Newegg had every right to back out of a price mistake. In my case, I signed no such agreement when I made my purchase. MASSIVE difference.
Read my post again...there was no price error. The item was advertised in stock, I placed the order, they carded the card and emailed receipt, then by the time the order was processed, item was OOS. I got a cancellation email and card was charged back. At no time did newegg say it was a pricing error because it wasn't. My roommate got the same SSD for the advertised price (it was one of their top black friday sellers). next theory?
Originally Posted by HumblePie View Post
Actually no.
By contract law, they are bound to fulfill the order.
you keep saying this. care to show us what contract law you are using?
i'm just confused as to how them refunding you your money + giving you a $100 giftcard because they could not honor the sale is "breaking the law" lol.
They COULD honor the sale, they made a decision not to. That is the breaking the law part.