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

[HumblePie]

Keep us informed. Must be frustrating.

Not really. I was hoping the product would have been delivered by or before the holidays, but was resigned if it was not ready just yet. Sometimes gifts come a bit late and that I can understand. I did my initial part to allow DSG to do the right thing and honor their contractual agreement with me. Beyond filing a BBB complaint and spreading bad word of mouth, I don't even really need to do anything more to turn the heat up on them. Many others, with more influence that I have, are already doing that. It's still early, but I trust everything will be resolved to my satisfaction.

 

[sze5003]

I can't understand how hard headed some people are. The problem is with dicks which you don't really have a case against. See how your lawsuit plays out.

Dicks made the decision due to Newtown not to sell the rifles any more. Yes that screwed op over and that's why he got refunded and $100 bucks. What more can you ask for from a company that corporately said hey we aren't going to sell these to be politically kind or whatever.

I could understand the anger if you weren't refunded or sent something else. But that was not the case.

 

[HumblePie]

I can't understand how hard headed some people are. The problem is with dicks which you don't really have a case against. See how your lawsuit plays out.

Dicks made the decision due to Newtown not to sell the rifles any more. Yes that screwed op over and that's why he got refunded and $100 bucks. What more can you ask for from a company that corporately said hey we aren't going to sell these to be politically kind or whatever.

I could understand the anger if you weren't refunded or sent something else. But that was not the case.

It doesn't matter. By law they aren't legally allowed to back out because of politics. There is no exception in the law for that. I don't understand why people fail to comprehend this simple concept. They are not legally allowed to back out of the deal and issue me a refund or anything else as a buy off with the refund with it unless I agree to it.

 

[waggy]

That's what they're counting on. The $100 will appease most people into just giving up any legal claim they have because it's $100 and the time and effort isn't worth it for most. However, when the item is at risk of being banned due to the current political climate and/or can't be found at other retailers, it's not like $100 makes you feel better when you really want said item.

I think a lot of the vitriol in this thread wouldn't exist if it were for some item other than an AR-15.

agreed. its a combination of the OP and the fact its a AR-15

while the OP is acting like a madman i do agree that what dicks did was bullshit and they should fix it. I do think Dicks should either honor the agreement they entered into or pay the difference for him to get the SAME gun someplace else.

 

[Yourself]

It doesn't matter. By law they aren't legally allowed to back out because of politics. There is no exception in the law for that. I don't understand why people fail to comprehend this simple concept. They are not legally allowed to back out of the deal and issue me a refund or anything else as a buy off with the refund with it unless I agree to it.

But a judge hasn't confirmed your interpretation of the law just yet...correct? Just want to stay current.

 

[sze5003]

It doesn't matter. By law they aren't legally allowed to back out because of politics. There is no exception in the law for that. I don't understand why people fail to comprehend this simple concept. They are not legally allowed to back out of the deal and issue me a refund or anything else as a buy off with the refund with it unless I agree to it.

I'm interested to see what will happen with your case. They did not buy you off they did what any other company would have done if they ran out of stock or could not or would not sell the item any more.

I agree it was messed up they decided to not sell the the rifles any more but if those decisions came from corporate the stores have to follow the rules too.

But hey it's America you can sue for literally anything so it will be interesting to see what happens.

 

[HumblePie]

agreed. its a combination of the OP and the fact its a AR-15

while the OP is acting like a madman i do agree that what dicks did was bullshit and they should fix it. I do think Dicks should either honor the agreement they entered into or pay the difference for him to get the SAME gun someplace else.

Acting like a madman how? By being a responsible adult? By informing others of bad business practices, illegal really, and taking proper legal steps to redress my issues? That is a madman how again? Such comments are trollish, flaming, and are meant to incite people to improper judgement. Unless you can show were I am being a madman with my actions against DSG you should keep those comments to yourself.

 

[maziwanka]

agreed. its a combination of the OP and the fact its a AR-15

while the OP is acting like a madman i do agree that what dicks did was bullshit and they should fix it. I do think Dicks should either honor the agreement they entered into or pay the difference for him to get the SAME gun someplace else.

that's the most he'll be able to get from DSG as compensation (less attorney's fees, etc.).

 

[HumblePie]

I'm interested to see what will happen with your case. They did not buy you off they did what any other company would have done if they ran out of stock or could not or would not sell the item any more.

I agree it was messed up they decided to not sell the the rifles any more but if those decisions came from corporate the stores have to follow the rules too.

But hey it's America you can sue for literally anything so it will be interesting to see what happens.

No, you can not sue for literally anything in America. That is such a bad myth to continually perpetrate. You can file to sue for just about anything, but you can't sue for anything.

And the $100 gift card without asking if that was a reasonable arbitration first from me for the deal I had made with DSG was a buy off. If DSG had called me, or sent a letter stating that they were reluctant to provide the firearm for me and had offered instead to just issue a refund with the GC to complete the contract that would be a legal thing to do. That is according to the UCC article 2. Since delivery had not be made and accepted, they could counter offer. I could accept or decline such offer. Any original acceptances would stay in effect if I declined. They could continue to counter offer though until I accepted or countered back that I would accept no other counter but the original contract struck.

There are certain legal ways they could have gone about this, but they didn't. They thought they could just buy off a bunch of customers and hope no one would call them out on their illegal actions. Or that very few would.

 

[HumblePie]

that's the most he'll be able to get from DSG as compensation (less attorney's fees, etc.).

Most likely yes. They either honor the original agreement or pay the difference in price for me to get it from another retailer when the product becomes available at another retailer if there is any difference. Along with fees/time to do so. That is the compensatory damages that would have to provide by law. There is a chance that if it went to court there may be other things they would have to pay out for though. I mentioned those earlier as well. Whether those happen or not is for a court to decide. But as I said, I highly doubt it reaches a court.

 

[Regs]

It doesn't matter. By law they aren't legally allowed to back out because of politics. There is no exception in the law for that. I don't understand why people fail to comprehend this simple concept. They are not legally allowed to back out of the deal and issue me a refund or anything else as a buy off with the refund with it unless I agree to it.

You're right, and no one is arguing that, however, the only thing people are arguing is if the remedy for which you seek might be far fetched.

The only time a court will offer someone more than what they'd put in is if that the sale had a detrimental reliance to the purchaser. Example would be if a job offer went sour after quitting your current position, and you're now without pay because you quit your previous job to be hired under a new promise of employment. The job offer going sour obviously puts you an economic state which was previously not there before the offer was tendered.

From what you state, you didn't have a "detrimental reliance". The refund they offered will put you back at square one, or the economic state you were at before the sale + 100 dollars.

Situations like these are a case-by-case bases, but from you state, it really seems like you don't have much of a recourse. And obviously, if they backed down and gave someone their gun, they would have to honor that with everyone who is going through the same thing.

 

[HumblePie]

You're right, and no one is arguing that, however, the only thing people are arguing is if the remedy for which you seek might be far fetched. You're obviously frustrated and upset you did not get your gun, but in most cases, a full refund by the merchant is more than enough consideration in any court of law under your circumstances.

The only time a court will offer you more than what you put in is if that the sale had a detrimental reliance to yourself.

From you state, you didn't have a detrimental reliance. The refund they offered will put you back at square one, or the economic state you were at before the sale + 100 dollars.

As far as your perversion of the law goes, you can tell a ambulance chasing lawyer anywhere that you have a case, and they will be happy to bill you for your stupidity .

NOW DO US ALL A FAVOR AND STFU.

Well now, I was thinking you were somewhat reasonable as a person until this comment.

You are both right and wrong here. If I accept the refund then yes that is a reasonable restitution under the law. But I do not and am not required by law to accept that offer.

 

[Squisher]

Acting like a madman how? By being a responsible adult? By informing others of bad business practices, illegal really, and taking proper legal steps to redress my issues? That is a madman how again? Such comments are trollish, flaming, and are meant to incite people to improper judgement. Unless you can show were I am being a madman with my actions against DSG you should keep those comments to yourself.

By responding to EVERY criticism leveled against you with attacks of your own. When you do so you make yourself into an easy target. Think of Captain Queeg and his marbles.

 

[HumblePie]

By responding to EVERY criticism leveled against you with attacks of your own. When you do so you make yourself into an easy target. Think of Captain Queeg and his marbles.

Naw, I haven't responded to everything. I did start hurling insults back later in the thread at others. But if you go look, posts as early as post 25 started calling me a dickhead for no reason or provocation what so ever. I did not rant/rave in this thread nor offered any insult back to anyone until much later. The vast majority of my posts were calm, concise, and informative about my story and position.

I have no problem with making posts though. Doesn't cost me anything. Entertaining in a way. Or are making posts on this forum the definition of a madman now?

 

[PhoKingGuy]

I bought a bunch of stuff from Dick's today that was on sale. I thought that might piss the OP off.

 

[HumblePie]

I bought a bunch of stuff from Dick's today that was on sale. I thought that might piss the OP off.

OMG YOU BASSSHTURD!!!!111oneoneone11!!

Really, I don't care.

 

[SP33Demon]

Guys, Microcenter just cancelled my in-store pickup order after they charged my credit card and their RAM is the cheapest on the internet.

The item(s) you reserved are currently not available at our store. Please note — we cannot backorder any of these in-store pickup items, and we regret that this requires us to cancel your reservation.

Should I sue them for "mental anguish"? After all, this RAM was going into a computer that was supposed to be a "gift" for my "family" since I could Google their questions. I'm going to link them them to this thread demanding recourse since they accepted my payment in full and we had a deal! /cackle

 

[HumblePie]

Guys, Microcenter just cancelled my in-store pickup order after they charged my credit card and their RAM is the cheapest on the internet.



Should I sue them for "mental anguish"? After all, this RAM was going into a computer that was supposed to be a "gift" for my "family" since I could Google their questions. I'm going to link them them to this thread demanding recourse since they accepted my payment in full and we had a deal! /cackle

Really? More of the trolling and flame baiting and false equivalency logic fallacies?

 

[SP33Demon]

But Microcenter entered into a binding sales contract once they got my money. I am suing for mental anguish until they give me my RAM. Having to pay more somewhere else is also unacceptable to me, we had a deal.

Let me guess, you think I sound really stupid. Maybe you can call and complain for me, I don't have time. Here is more info from the email:
Reservation Summary - Items Cancelled
Reservation Number: 25459530
Date: 5:06 PM on Dec 27 2012
SKU QUANTITY DESCRIPTION
211789 1 Ballistix Sport 4GB DDR3-1600 (PC3-12800) CL9 Desktop Memory Module Kit (Two 2GB Memory Modules)

They said they had two in stock. What is this world coming to, a deal is a deal!

 

[HumblePie]

But Microcenter entered into a binding sales contract once they got my money. I am suing for mental anguish until they give me my RAM. Having to pay more somewhere else is also unacceptable to me, we had a deal.

Let me guess, you think I sound really stupid. Maybe you can call and complain for me, I don't have time. Here is more info from the email:
Reservation Summary - Items Cancelled
Reservation Number: 25459530
Date: 5:06 PM on Dec 27 2012
SKU QUANTITY DESCRIPTION
211789 1 Ballistix Sport 4GB DDR3-1600 (PC3-12800) CL9 Desktop Memory Module Kit (Two 2GB Memory Modules)

They said they had two in stock. What is this world coming to, a deal is a deal!

OMG!! You are SO RIGHT! I just realized the error of my ways. All the actions of our corporate overlord masters are right and just. They can do no wrong. To think I listened to all those lawyers talking nonsense into me about how I should seek legal action was just all that! Really I should express my deepest apologizes by handing them back the refund check and $100 GC with no questions asked. Then I just just wire transfer everything in my bank accounts over to them as well. I mean it was all my fault!


Naw, you are still trolling, flaming, and presenting false equivalency logic fallacies along with ad hominem attacks like you've done throughout this entire thread. I'm guessing you forgot you agreed to these Microcenter Terms and Sales Conditions when you made that purchase huh?

 

[SP33Demon]

Really? More of the trolling and flame baiting and false equivalency logic fallacies?

They are legally bound contractually to provide the item I purchased at the purchase price. NOTHING can legally change that. If they had made me sign a piece of paper as I was making the purchase that allowed them to back out of the deal if they couldn't get stock (which isn't a valid claim), or that the price from their supplier went up (again not a valid claim), or their political stance changed as a company then they could legally back out. There was no such paper I signed to that effect though so they are legally bound to provide that item to me. Microcenter is still capable of doing so. I'm not fighting an uphill battle because I know with 100% certainty that I will own that item that I paid for. It is going to happen.

^Does that look familiar?

Question: Enlighten us as to how Microcenter just cancelling my RAM purchase, where I paid them first, is any different from your "mental anguish" from Dick's? They said I'm not getting the item, nor will they backorder it for me so my order is cancelled. According to you, they breached their contract.

Answer: It's the same thing, except for less money and less time so it's unreasonable to expect a GC. Difference, I'm not kicking and screaming about it. Carry on.

 

[HumblePie]

They are legally bound contractually to provide the item I purchased at the purchase price. NOTHING can legally change that. If they had made me sign a piece of paper as I was making the purchase that allowed them to back out of the deal if they couldn't get stock (which isn't a valid claim), or that the price from their supplier went up (again not a valid claim), or their political stance changed as a company then they could legally back out. There was no such paper I signed to that effect though so they are legally bound to provide that item to me. Microcenter is still capable of doing so. I'm not fighting an uphill battle because I know with 100% certainty that I will own that item that I paid for. It is going to happen.

^Does that look familiar?

Question: Enlighten us as to how Microcenter just cancelling my RAM purchase, where I paid them first, is any different from your "mental anguish" from Dick's? They said I'm not getting the item, nor will they backorder it for me so my order is cancelled. According to you, they breached their contract.

Answer: It's the same thing, except for less money and less time so it's unreasonable to expect a GC. Difference, I'm not kicking and screaming about it. Carry on.

I'll repeat again..

Naw, you are still trolling, flaming, and presenting false equivalency logic fallacies along with ad hominem attacks like you've done throughout this entire thread. I'm guessing you forgot you agreed to these Microcenter Terms and Sales Conditions when you made that purchase huh?

 

[SP33Demon]

I'll repeat again..

Naw, you are still trolling, flaming, and presenting false equivalency logic fallacies along with ad hominem attacks like you've done throughout this entire thread. I'm guessing you forgot you agreed to these Microcenter Terms and Sales Conditions when you made that purchase huh?

Exactly. And Dick's has the same online terms. Just because you bought it from a B&M makes you special? You are about to be introduced to the reality of how lawyers make their living.

 

[HumblePie]

Exactly. And Dick's has the same online terms. Just because you bought it from a B&M makes you special? You are about to be introduced to the reality of how lawyers make their living.

Online purchases and B&M purchases are different. Most of the time, the online store is a sister company of the main retail outlet. Even in some B&M stores or purchases you are required to sign contractual sale term agreements that are binding. Such as when buying an automobile.

But in my case, I didn't sign or acknowledge any such term that allowed Dicks to back out of the deal and refund my money as a counter offer to the deal. The fact you keep trying to state the opposite, like CT did, is very strange.

 

[busydude]

Humblepie, can you provide the link to DSG's terms and conditions?