(Thread 2) Egghead.com 32x64 256MB pc100 DIMM (deal over)

[mikedw]

one small problem............ small claims court last time i checked, requires you to file in the jurisdiction of the person you are filing against. Since they are located in california, and I am in maryland, I dont feel like taking a trip to california...correct me if I am wrong..........

 

[403Forbidden]

A company that conducts business regularly with citizens of different States can be sued in those different States.

 

[Wag]

Did I call it or what?

Let the threats of lawsuits commence!

 

[Hossenfeffer]

A rolling rock gathers no moss

 

[Miklozz]

Dont argue about Eak-Head.com... it's not worth it... I am a fan of the BBB; file a complaint and try to make it personal; that's how I did my gig with HRBlock. And if enough people put in a complaint, I'm sure the BBB won't overlook the fact that Eak-head.com screwed up majorly; Hopefully, we'll benefit... not Eak-head.

 

[bigbigsavings]

I personally hope that I WILL get the ram, but honestly, if I don't there will be no harm done. If it's a pricing "mistake," just accept it as a mistake and forgive. I'm sure you've all made a mistake once or twice in your life, and if someone started taking you to small claims for every mistake you had ever made, I know I'd spend a long time in court. If you get it, great, you were lucky, if not, it cost you nothing, and it was worth a try. Whoever disagrees, do what you will, I'm not saying you are wrong. Whatever you choose to do is your opinion, this is mine.

Alex

 

[mikedw]

i did file a complaint with bbb, weird thing is..you have to put in your address.and when you complain about the company, their address..it automatically puts in your same zip code as their zip code, then gets referred to the local bbb, in this case in baltimore md

who knows

 

[eia430]

Mikedw, small clames court is on the municipality level, meaning there is no maryland small claims court in California. Egghead will be forced to do one of 3 things 1. settle out of court (most likely) 2. not attend the trial and be forced to loose by default (also likely) or 3. Fly an agent of the company all the way to maryland to represent themselves at the trial (very unlikely because of expense) It really is not a good idea for egghead to break contracts by canceling orders. Small claims court is a powerful tool to defend yourself with. Trial dates happen in months (2.5 or so)instead of years and filling costs are low. It is an informal court geared towards people representing themselves, in fact here in california you cannot have a lawyer represent you. You can consult with a lawyer, but must represent yourself without the lawyer at the trial. What the heck is Egghead thinking? they give me an offer, I accept that offer then they expect to be able to break that contract without my consent? I don't think so.

 

[Otis8]

I wonder why Egghead is waiting so long to cancel the orders.. Are they purposely trying to get up everyone's hopes? If they had any intelligence whatsoever, they should have cancelled the memory orders acrossed the board at 8:00 AM Monday. This way, they are going to piss more and more people off with each passing minute.

But they know that as long as they do not charge anyone, they are free as birds in small claims court. That is, unless a statement from them claiming that the charge/refund took place is enough evidence for a judge, which it might indeed be. If they do not reply to the suit with intentions to arrive for the case, you can get a default judgement with relatively little evidence.

How do I know so much about this stuff? I am a lawyer! (no)

 

[6583]

Hey folks:
People from onsale would have been reading what we have discussed here. The more we talk here the more they can figure out something. Remember password is not needed to enter this forum!!!

6583

 

[syber321]

Basically, if they did want to pull something low on us, than we need to fight back some way...even if just through the BBB or small claims court. If we do nothing, they'll just do it again in a few months when this blows over...

 

[eia430]

Wag, there are empty threats then there are threats that just need a trigger. My confidence in winning against egghead is high enough that I just need a trigger (cancelation of order) and this small claims suit becomes a reality.

As far as the "no harm done" mentality of others in this thread. How do you know that I did not make commitments to others for sale of ram based on the price that egghead offered? Would not egghead, by breaking it's contractual duties put me at a liability in performance to other contracts made based on the contracted price? (with egghead) Like any offer put before another party, accuracy is the responsibility of the author of that offer. Once it has been accepted by the other party then BOTH parties are bound by that contract unless BOTH parties agree to voiding/modifying the aggreement. You can't say "oops I didn't mean what I agreed to with my offer so it doesn't count"

Let's talk about switched tables, what if the situation was reversed? what would egghead do? They'll tell you, it's "company policy" I found this in the terms and conditions area of egghead.

" Once an order has been placed, it cannot be cancelled unless the shipment is delayed beyond the represented shipping time."

This is legalsleaze for "you ordered it, you keep it, unless we mess up in shipping it to you on time once it's placed it's a done deal bud"

This is the stance of egghead had the tables been turned. Do I feel bad about making them stick to a contract? HELL NO THEY WOULD DO THE SAME it's "company policy" (found in terms and conditions section of egghead website)

 

[merlyn]

Trike originally said "
Can they do that? They just wiped my order. My order status page is blank.

This is all it got when i logged in

"You have no recent orders at this time. "

i ordered at 6:30am PST

Now this is just lame if they just wipe my order without telling what's going on. hrmm.. BBB sounds like a good idea now. At first i was like. let's give this a shot. but i wanted at least an explanation of what's going on. But no. they just cleared my order. anybody else getting this?"

Trike if you have a copy of your receipt try punching in your order # manually. It has happened to me in the past at egghead and manually entering the order number made it "magically" reappear. As in Oh yeah --- that order you made --- oh yeah thats still not shipped yet.
Give it a try can't hurt.

 

[markjrubin]

I placed my order around 10 am yesterday

 

[Scyber]

My order is still posted on the site. I ordered yesterday at approximately 11am EST. I am not particularly worried yet, b/c even with other orders I have placed with egghead, the order status did not change until the package had already arrived at my door.

It is just wait and see time.

Scyber

 

[ingenue007]

for people that do get their orders, please provide the following so that the rest of us can have some hope (or not)

1. purchase date and time
2. how many purchased.
3. type of shipping.

this way people don't have to keep posting 'when did you buy it' etc.

 

[neonitto]

Also filed a complaint with the BBB.

To save time for everyone else, here is the corporate address of Egghead.com (found from Yahoo Finance)

1350 Willow Road
Menlo Park, CA 94025
Phone: (650) 470-2400
Fax: (650) 324-3190

BTW, their stock is down 7% today.

 

[bygdaddy]

I don't know about most of you.... but tracking information for purchases I make online takes usually more than 2 days to show up.... sometimes longer depending on the shipping method....Nine times out of ten....I usually get the package before the tracking information. So everybody take a Xanax, or Ativan, or Valium, or all three, and chill..... 8)

"Behind every successful man, is a woman that will put up with a bunch of sh!t."

 

[Drone]

I ordered at 6:30am eastern yesterday. also placed second order shortly after but it didn't take my card. Re-entered my card # today and it went to the warehouse for processing. Sep 24, 2000, 5:00 pm PDT Order receipt acknowledged by warehouse. Well thats it for me today. Good luck everone.

 

[MontyBurns]

What exactly are people complaining to the BBB about NOW? Did your order get cancelled? Did you get a package, and it wasn't what you ordered? Or are you telling the BBB that you read a posting on an Internet message board from a guy who heard from another guy who saw another post that said Egghead is sending out 256 chickens instead of 256 megs of RAM?

Come on people. Calm down.

ALL of us bought into this deal purely knowing -- and because -- it was a pricing mistake. Don't get all high and mighty now about "well what if I promised that RAM to someone else...." If that's true, your "clients" need a more reliable supplier.

It was a pricing mistake. We all know that. What remains to be seen is whether or not Egghead will honor the price they posted. All of this legal huffing and puffing is ridiculous.

 

[stonerdave]

Yeah, I ordered a couple, and of course I want them to ship...but I'm NOT going to sue or contact the BBB if they don't!

edit: left out the not

 

[6583]

I guess it's good to delete this thread. No one ever finish arguing...

6583

 

[Otis8]

Is it just me or do none of "6583" posts make sense? Is it a robot AI test perhaps?

 

[Hossenfeffer]

MontyBurns, 256 chickens?! Why didn't somebody tell me! Now THAT's a hot deal. I suggest Braxus change the title to Egghead.com 32x64 256 Chickens Cluck100 BWAK (deal on, baby, yeah)

Back to my obsessive-compulsive corner.

Depending on how the order process is handled, I can see filing a complaint, but keep in mind the words of MontyBurns: "256 Chickens" oh wait.. I mean the other stuff he said. Temper your deservitude with reason.

 

[kyutip]

still no shipping confirmation
i'm getting restless, haven't sleep in a while
i'm going nuts,
i'm dreaming of ram, i'm seeing ram everywhere I go
must....have.....ram.....zzzzzzzzzzzzzz