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

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Have no idea where you are practicing law, but small claims court HAS enforced change and HAS enforced existing laws, federal and otherwise.
I certainly don't need your OPINIONS, especially when I'm supplying FACTS!
 


<< 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. >>



How does this not apply? -->

. 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.

I could swear that this statement was not there before I purchased. Does anyone have a copy of this page before today?
(If you did visit the page before, you should be able to pull up a cached url by going to their website, then select 'Work Offline' from the file menu in IE and then click on the 'Help' link at the top of the page, then the 'Terms and Conditions of Use' link. )
 
I still see a hold on my funds on my CC :|, and it's been 2 days now since they sent me the cancelation...
 
Sorry, doesn't absolve them of responsibility in terms of bait and switch, deceptive pricing and deceptive advertising.



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.
 


<< 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. >>




Casra, as I said befoe you trluy are an idiot. You cannot file letalone got to small claims court using the pretense that you stated above. Since you did not pay anything you have no losss. False advertisement or mispricing is a contractual issue and small claims court will not hear inferred contract suits. It is that simple. You would be laughed out of the small calims office. You can file a civil suit if you have the $$ to pay law firm. The average preliminary cost in retainer and fees for such a suit with an unnowwn law firm would be approx 25K. With a established consumer rights firm this could easily exceed $100K before you even get to court.

IMO - You are not even of legal age (16) to even go to small claims. So grow up!
 
you guys should have known from the get-go that this was an "obvious" pricing error. A brand new palm that was released a few days for $38.95 + 5.65 ? let me have some of the stuff you guys are smokin
 
Ok, who's an idiot? I DID file already, I have a mediation date for May 2.
There is no inferred contract, it's a simple case.
Uh, hate to tell you, you don't need a lawyer to file a civil case either, one helps, but not needed in a case like this.
Where are you pulling 25,000 out of? How ludicrous!

Hmmm, can't argue, so you call names. Last desperate refuge of someone with little argument or logic.



Casra, as I said befoe you trluy are an idiot. You cannot file letalone got to small claims court using the pretense that you stated above. Since you did not pay anything you have no losss. False advertisement or mispricing is a contractual issue and small claims court will not hear inferred contract suits. It is that simple. You would be laughed out of the small calims office. You can file a civil suit if you have the $$ to pay law firm. The average preliminary cost in retainer and fees for such a suit with an unnowwn law firm would be approx 25K. With a established consumer rights firm this could easily exceed $100K before you even get to court.

IMO - You are not even of legal age (16) to even go to small claims. So grow up!

 


<< you guys should have known from the get-go that this was an "obvious" pricing error. A brand new palm that was released a few days for $38.95 + 5.65 ? let me have some of the stuff you guys are smokin >>



That is exactly the point and is why thre are "idiot" laws to prevent frivilous lawsuits from common sense disputes. For example in California, Civil Code, Section 22.2, provides that the "common law of England", so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of this State, is the rule of decision in all the courts of this State. Any transaction between two parties is considered null and void if the compensation offered in exchange for the goods or services are considered to be "out of the oridinary" for the goods or services offered.

ie You cannot see a car advertised for $1.00 and expect the offering party to honor that price if subsequently it is proven to be a offering mistake.
rolleye.gif
 
That's also why we have Bait and Switch laws? Deceptive pricing laws? False advertising laws?
"Your Honor, It wasn't false advertising, I just made a mistake. Wink, grin. "
Sure..........
 


<< Ok, who's an idiot? I DID file already, I have a mediation date for May 2.
There is no inferred contract, it's a simple case.
Uh, hate to tell you, you don't need a lawyer to file a civil case either, one helps, but not needed in a case like this.
Where are you pulling 25,000 out of? How ludicrous!

Hmmm, can't argue, so you call names. Last desperate refuge of someone with little argument or logic.



Casra, as I said befoe you trluy are an idiot. You cannot file letalone got to small claims court using the pretense that you stated above. Since you did not pay anything you have no losss. False advertisement or mispricing is a contractual issue and small claims court will not hear inferred contract suits. It is that simple. You would be laughed out of the small calims office. You can file a civil suit if you have the $$ to pay law firm. The average preliminary cost in retainer and fees for such a suit with an unnowwn law firm would be approx 25K. With a established consumer rights firm this could easily exceed $100K before you even get to court.

IMO - You are not even of legal age (16) to even go to small claims. So grow up! >>



Once again you are showing your ignorance. You cannot mediate a small calims case. Mediation is a private resolution solution that is agreed upon by both parties in a dispute. You cannot force a pary to mediate a dispute unles you have a prior contractual agreement requiring mediation over the US courts system. The courts do not provide or administer dispute mediation and any defacto outcome does not have legal enforcement.
 
charge still on my card too, acct rep seemed puzzled about it and actually checked to see if it shipped (sooo close)! I just called and asked them to expedite the removal of it.
 
I'm suprised Law Prof's don't make these forums required readings
based on the discusions that go in the "Hot Deals" forum.

RCraig
 
GetReal, my e-mail had the same links for TOS as leonc posted. Only problem is when I click either link I get this.

We're Sorry
The page you're looking for does not exist or it has been moved.
To go to our home page, click here.
 


<< GetReal, my e-mail had the same links for TOS as leonc posted. Only problem is when I click either link I get this.

We're Sorry
The page you're looking for does not exist or it has been moved.
To go to our home page, click here. >>



Thanks KBtrade. Maybe it has something to do with if you ordered through Gatway's portal vs directly rom NeCX?

Anyway here is the correct TOS link
 
I'M showing MY ignorance??? Our small claims court REQUIRES you to go into mediation BEFORE the court will hear your case as 80% of all cases can be resolved there instead of wasting the courts time. Pretty smart if you askl me. The court CAN order mediation, they can't order a DECISION, just the attempt.
Man, I keep saying what I've done, after I've done it, following the LAWS of my area, but you keep claiming that it's impossible.
You're a fraud.



Once again you are showing your ignorance. You cannot mediate a small calims case. Mediation is a private resolution solution that is agreed upon by both parties in a dispute. You cannot force a pary to mediate a dispute unles you have a prior contractual agreement requiring mediation over the US courts system. The courts do not provide or administer dispute mediation and any defacto outcome does not have legal enforcement
 


<< GetReal, my e-mail had the same links for TOS as leonc posted. Only problem is when I click either link I get this.

We're Sorry
The page you're looking for does not exist or it has been moved.
To go to our home page, click here. >>



Thanks KBtrade. Maybe it has something to do with if you ordered through Gatway's portal vs directly rom NeCX?

Anyway here is the correct TOS link
 
Come on people. Enough flaming already. Be at least considerate to those of us holding on to a little hope on this deal. Keep it up and the thread will be locked.
:disgust:
 
So much for hope. I just finally got THE e-mail about the cancellation. 🙁
Order status still shows Shipment Pending. No charge to my account.

 
ok heres my situ with the order:
i never got the first email saying the item would no longer be carried.
i just got the email saying i may have received a system-generated email....youre order has been cancelled.blah blah blah.
but when i check the status is still says shipment pending.
weird.
anyways, just thought id update, i still have a little hope, but its dwindling.
 
oh well.... i got the email as well.

now that it's been cancelled...
can we move on?

or are people going to continue on this legal action talk?
 
And probably the final chapter:
Status: Product Shipped
JUST got the SECOND email (never got the first), that says they amde a mistake and were cancelling my order.
Likely never shipped and never will.
I have a slew of documentation saying they were going to fill this order, and even SHIPPED it. Now, its BBB time, complaint being filed under necx AND gateway.

www.bbb.org

It's been fun.
 
Once again, the idiots all crawl out of the woodworks screaming bait and switch, false advertising and what not...geezuz people, get with it. You can't get away with what was obviously a mistake. No way in hell a company or let alone any individual would be willing to sell a brand spanking new palm for $40!

Let's hope you make a mistake in your lifetime and have your reputation trashed as well your ass sued over something trivial.

God you people are f'ing lame!

...and for all those who threaten to sue, get a f'ing life. Use that time you waste filing suits to earn some money so that you CAN afford to buy things.
 
Allright, mods can we give vacations to all the morons that are scremin to sue necx? I mean comon every #$%#$% deal like that,theres few of em and all its end up being is a big wate of bandwidth.

NECX has stated in their legal mumbo jumbo that they reserve the right not to honor price mistakes and 400 dollar palm for 40 is an OBVIOUS price mistake.

OH yeah if y ou decide to sue anyways, ill enjoy a public auction of your stuff, after it gets repossesed cuz you cant pay the legal fees
 
Ok, here's a strange situation...I tried placing orders twice just before Gateway removed the product from their web site. Both times I got errors, something about error authorizing credit card. I was using my Discover one time use numbers and get these errors often, and thought nothing of it. Just got two emails (for both of the orders that supposedly never went through) saying that both were shipped!!! (I know others are getting the "product shipped" order status as well) but this is WEIRD! My credit card has not been charged...so I imagine that this is just a big mistake...Also, there is no tracking # listed on the order status screen...

These are the first emails I've gotten from them...and I placed my order through the Gateway side, not NECX.
 
I did a little search on www.archive.org and didn't see anything on the necx or gateway site that pointed to their pricing error policy. In fact it doesn't look like these new pages were there before. But hey, who really expected to get this for that low of a price.


Also take a look at Standard Terms of Sale and Limited Warranty Agreement especially section 8. Does this mean that you can't take them to small claims court. Not that I am looking to do that anyways.
 
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