Palm M515 for $38.95 + 5.65 shipping @NECX! (Deal Dead?)

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yourharddrive

Banned
Jul 16, 2001
913
0
0


<< really hate NECX....... they have screwed me over two or three times now in the last 45 days..... i am going to pursue them about my orders etc until i get them via email and phone, and if they refuse to reinstate my orders, i will be taking them to court, that's it, had enough bullsh1tting around...

--w


Dude shut the $#%$# up! Every damn time tehres a price error theres buch of morons talking about lawsuits. WE ALL KNOW YOU'RE NOT GONNA END UP SUING ANYONE. So just drop the whole boo hoo they ripped me off speech

geez...
>>



hahahah....your one funny kid paul, your just sad u didnt get it since your comcast was out, or else you'd be bitchin too
 

caricell

Member
Mar 7, 2002
53
0
0
Status has now changed from "Getting credit authorization" to "Warehouse Processing Shipment." Fingers are majorly crossed.
 

Casra

Junior Member
Jan 28, 2002
9
0
0
Well, if they don't cough up my palm pilots, I WILL sue.
I'm currently taking Best Buy to small claims over the TV deal they had a month or so ago.
Ever hear of Bait and Switch laws? The Federal Trade Commision has quite a few laws against them.
For more info,
http://www.ftc.gov/bcp/conline/pubs/buspubs/dotcom/index.html
Also,
http://www.ftc.gov/bcp/guides/baitads-gd.htm
http://www.ftc.gov/bcp/guides/decptprc.htm
If a business advertises ANYTHING for WHATEVER price and you try and buy it and they say "No way dude", it's a piece of cake to haul them into court and win.
Small claims court = NO LAWYERS for one thing.

Stand up for your rights.
 

TwoMix

Senior member
Aug 1, 2001
573
0
0
U R hardcore Casra! Its annoying that i still have awaiting credit authorization.......its been a few days.........
 

Agamar

Golden Member
Oct 9, 1999
1,334
0
0
Well, I for one would never sue a store when it is an obvious mistake. For one thing, you would have to prove they were actually trying to pull a bait and switch, which is hard since the normal reason for a bait and switch is to get a person in the store. Most of us just clicked on a direct link. I doubt you would have any real chance in court anyway.

We need more honest people....Going to court for a mistake in pricing just doesn't seem all that honest.
 

wjsulliv

Senior member
May 29, 2001
970
0
0
Please don't turn this into a bitch fest about what you are going to do if they don't sent them....

That is how the Best Buy thread got locked.

After all the orders are canceled, then we can to do that.
 

KBtrade

Senior member
Jan 21, 2000
612
0
0
Just got this e-mail

Hello,

You may have received a system-generated email from us, describing the
item you ordered as discontinued. This message is to clarify that
communication.

Due to an inadvertent pricing error on our website, your order has been
canceled. As noted in our Terms and Conditions of Use posted online,

"The Gateway Accessory Store cannot be held responsible for inadvertent
errors with respect to information concerning the ordered product and
under no circumstances shall it be liable for consequential, incidental
or special damages concerning same.

All orders are subject to review and approval by the Gateway Accessory
Store. If you provide us with your e-mail address, confirmation of the
transaction will be e-mailed to you within 1 business day. In the event
that an inadvertent error has been made concerning the listed price of
the product, you will be so advised and your credit card will not be
charged or will be refunded, as the case may be. "

To view the complete Terms & Conditions of Use, please click on the
following link:

Gateway Accessory Store:
 

csiro

Golden Member
May 31, 2001
1,261
0
0


<< Status has now changed from "Getting credit authorization" to "Warehouse Processing Shipment." Fingers are majorly crossed. >>



Same here. Hope it goes through, if not, oh well...
 

wfay

Senior member
Jul 24, 2001
912
0
0
nm, was defending myself against the attacks of morons like halik and decided to remove the comment in the interests of keeping this thread open etc, good luck to those of you who still have not received your cancellation emails... the rest of us will do what we want.
--w
 

Gultig

Member
Feb 16, 2001
137
0
0
KBTrade: What is the link that is reffered to for the terms and conditions. Before I purchased, I scoured the site for some T&C and found none.
 

wfay

Senior member
Jul 24, 2001
912
0
0


<< KBTrade: What is the link that is reffered to for the terms and conditions. Before I purchased, I scoured the site for some T&C and found none. >>


i just found the following links on the necxdirect webpage... though i went looking for these kinds of documents a couple weeks ago and did not see them, so i think they are new... looks like they have caught wind of this whole TOS/TOU thing from BB debacle and are trying to use it against us now...

Terms of Sale

Terms of Use

anyone got a screen cap of the Customer Service webpage from a few days ago, when these links were not there??

--w
 

wjsulliv

Senior member
May 29, 2001
970
0
0
I just called them and they said the cancelation notices would be going out today...

I suggested that they should offer a coupon or something, like Best Buy, to quell the sue them movement. But they woudl have nothing of it...

I wonder if my neighborhood dummy Office Depot would PM my online statement?
 

GetReal

Golden Member
Mar 30, 2001
1,747
0
0


<< Well, if they don't cough up my palm pilots, I WILL sue.
I'm currently taking Best Buy to small claims over the TV deal they had a month or so ago.
Ever hear of Bait and Switch laws? The Federal Trade Commision has quite a few laws against them.
For more info,
http://www.ftc.gov/bcp/conline/pubs/buspubs/dotcom/index.html
Also,
http://www.ftc.gov/bcp/guides/baitads-gd.htm
http://www.ftc.gov/bcp/guides/decptprc.htm
If a business advertises ANYTHING for WHATEVER price and you try and buy it and they say "No way dude", it's a piece of cake to haul them into court and win.
Small claims court = NO LAWYERS for one thing.

Stand up for your rights.
>>



Well having practiced law for over 30 years now, I can state that you are full of sh@t! :Q

First, the FTC is a government monitoring agency and cannot create or enforce any laws. Since the FTC is a governing and not a law enforcement agency, their only reaction to any complaint with them is to collect data concerning a complaint and the pass that data to the proper law enforcement agency (usually the State Attornet General's Office) who may or may not investigate the complaint. The FTC The statement - "The Federal Trade Commision has quite a few laws against them." is simply pure ignorance.

Second, you cannot sue a individual or corporation in small calims court for intangible losses. This includes any violation of an inferred (ie not signed by both parties) contractual agreement which is what you are claiming. Small claims complaints must inolve a dispute over a exchange of a specific monetary value or voilation of a local ordinance. You cannot claim compensatory damages in small claims court. However, the small claims court judge can issue a judgement that requires the defendant to pay more than the plantiff is requesting due to extraordinary circumstances, but this is extremely rare. Complaints of violations of Federal laws cannot be filed in small claims. You must file in civil court for cases involving intangible assets or Federal court for violations concerning violations of Fereral Law such as civil rights.

Examples of valid small claims cases are -

- I paid my local auto repair shop to fix my car and they did not perform the billed repairs or the repairs were substandard
- I paid my local contractor to paint my house and they did not use the correct paint that we agreed to in our written contract
- My neighbor refuses to cut down a dead tree in his year that is endangering my residence.
- My neighbor refuses to clean up their yard and leaves uncollected trash all over his property.
- My neighbor allows his dog to constantly use my yard as a toilet and as a result my lawn service is charging me an equipment cleanup fee and my neighbor refuses to compensate me


Examples of invalid small claims cases are -

- I agreed to let my local auto repair shop to fix my car and they did not perform the requested repairs so I refused to pay them and now they have impounded my car.
- I hired my local contractor to paint my house and they did not finish the job as per our verbal contract so I did not pay them
- My neighbor plays his stereo all night and I cannot get any sleep so I lost my job. (BTW - Recent actual case!)
- I made a special trip to a local retail store to purchase an advertised item and they did not have it in stock and refused to issue me a raincheck
- I ordered an item from a local store and they cancelled my order due reason disclosed in their sales policies or terms of service
- My local retailer's sales policies or terms of service are in violation with State or Federal law and i want to force them to comply with these laws.



 

ogn

Senior member
Mar 17, 2000
459
0
0
Gateway is messing around here. The T&C of Use and T&C of Sale have always been up. However, the T&C of Use refers to using the website and any information it contains, primarily links to manufacturers information. They are saying that they are not accountable if their link refers to an incorrect page on the manufacturer's website. This covers them in case the manufacturer updates it's website. The T&C of Sale however, is what applies to our orders. There are no provisions about pricing errors and therefore cannot not be inforced. I do have screen shots of the T&C of Sale in case they decide to change the terms.
Now I'm not saying to go sue them...I'm just saying that their reason for cancelling based on the T&C of Use is bogus.
 

caricell

Member
Mar 7, 2002
53
0
0
OK...mine says "Product Shipped". No tracking number yet, and I am NOT about to call them to ask for it! I STILL don't believe it, as two of my pals also called and were told that NO ONE is getting these units at the $38 price. My pals also got "cancellation" notices, which I DID NOT. Who knows...
 

rcraig

Senior member
Jan 3, 2001
498
0
0
caricell,
If you get your palm, you owe me big time.
Mine were cancelled.

Someone asked why I posted this. I hoped someone
would slip through the cracks. Maybe you are the
lucky one!


RCraig
(original poster)
 

caricell

Member
Mar 7, 2002
53
0
0
rcraig:
IF I get my palm, I will thank you. I will also have my buddies at work whose orders have been canceled copy you on the online complaint form they are filing with the Better Business Bureau!

For the rest of you:
http://www.bbb.org/


Order Statement

Bill To:


Order Number: 65781XXXX
P.O. Number: None Entered
Payment Method: AMER EXPRESS




Item Order Status Qty. Unit Pr. Price
PALM, INC.
PALM M515 CONNECTED ORGANIZER Product shipped 1 $38.95 $38.95





Sub Total: $38.95
Sales Tax: $0.00
Shipping: $7.75
Discount: -$0.00
Total: $46.70

Text
 

xKelemvor

Member
Oct 18, 2000
181
0
0
Everyone shoudl be getting one of these shortly I would guess....
--Kel




<< Hello,

You may have received a system-generated email from us, describing the
item you ordered as discontinued. This message is to clarify that
communication.

Due to an inadvertent pricing error on our website, your order has been
canceled. As noted in our Terms and Conditions of Use posted online,

"The Gateway Accessory Store cannot be held responsible for inadvertent
errors with respect to information concerning the ordered product and
under no circumstances shall it be liable for consequential, incidental
or special damages concerning same.

All orders are subject to review and approval by the Gateway Accessory
Store. If you provide us with your e-mail address, confirmation of the
transaction will be e-mailed to you within 1 business day. In the event
that an inadvertent error has been made concerning the listed price of
the product, you will be so advised and your credit card will not be
charged or will be refunded, as the case may be. "

If you would like to view our Terms & Conditions of Use and our Terms &
Condition of Sale, please visit our Help link at www.necxdirect.com .

We hope this information is helpful to you.

Kind regards,

Sales Support
Gateway Accessory Store and
NECX Direct
>>

 

leonc

Senior member
Jan 10, 2002
420
0
0
Obviously the threats of lawsuits and BBB filings made NECX change
their story. I just got this letter:

Hello,

You may have received a system-generated email from us, describing the
item you ordered as discontinued. This message is to clarify that
communication.

Due to an inadvertent pricing error on our website, your order has been
canceled. As noted in our Terms and Conditions of Use posted online,

"The Gateway Accessory Store cannot be held responsible for inadvertent
errors with respect to information concerning the ordered product and
under no circumstances shall it be liable for consequential, incidental
or special damages concerning same.

All orders are subject to review and approval by the Gateway Accessory
Store. If you provide us with your e-mail address, confirmation of the
transaction will be e-mailed to you within 1 business day. In the event
that an inadvertent error has been made concerning the listed price of
the product, you will be so advised and your credit card will not be
charged or will be refunded, as the case may be. "

To view the complete Terms & Conditions of Use, please click on the
following link:

Gateway Accessory Store:


http://www.necxdirect.com/hai/serve_page.html?file=docroot/needhelp34.ht
ml&nonce=guest_gate

NECX Direct:


http://www.necxdirect.com/hai/serve_page.html?file=docroot/needhelp36.ht
ml&nonce=guest

We hope this information is helpful to you.

Kind regards,

Sales Support
Gateway Accessory Store and
NECX Direct
 

FortFunFoSho

Golden Member
Mar 7, 2002
1,101
0
0
I just find it hard to believe that companies as big as this one can be allowed to just go around and have huge price errors which are publicized on multiple sites. then after they realize it they just cancel all the orders saying they cannot be held responsible or something of the sort.

Surely there is some legal flaw in this?

 

GetReal

Golden Member
Mar 30, 2001
1,747
0
0
leonc - Why is your notice different from all the others including mine? Did you add the last part with the direct links to the TOS?
 

Casra

Junior Member
Jan 28, 2002
9
0
0
You don't want to sue, no sweat, just don't tell me I can't.
No, I don't have to prove anything other then they advertised a price and wouldn't let me buy it at that price. "Your honor, here's the print out of the web page, here's the email saying they wouldn't sell it to me at that price" It's the same as walking into a store, picking up a product clearly marked at one dollar from the shelf and walking up to the cash register and being told it's 100 dollars. Too bad, gotta sell it to me for a buck. That simple.
Prove it was a mistake and not an attempt to to use deceptive pricing.

We need more honest business's. Deceptive pricing just doesn't seem al that honest.

Well, I for one would never sue a store when it is an obvious mistake. For one thing, you would have to prove they were actually trying to pull a bait and switch, which is hard since the normal reason for a bait and switch is to get a person in the store. Most of us just clicked on a direct link. I doubt you would have any real chance in court anyway.

We need more honest people....Going to court for a mistake in pricing just doesn't seem all that honest.
 
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