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427 posts

Ultimate Geek


  # 1364954 12-Aug-2015 20:39
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networkn:
I think your email is clearly worded, polite and respectful, but I feel the reason for it is disingenuous and more than a little unreasonable. 

I suspect they will possibly do something for you here, but if I were you, I would refuse it and say upon consideration, you think mistakes occur and that they shouldn't be out of pocket for a genuine error but that you appreciate the gesture and will sing their praises for being willing to work with you anyway.

It was a genuine error on their part, you have said yourself you were dealt with professionally, and I think you are being opportunistic in pressing the matter. 

If I were you and if I had been inclined to write the letter, I would have written upto "and I have copied him in accordingly."

I would have then stated something like "Whilst I am disappointed at being unable to secure such a good deal, I wanted to highlight xxx's excellent conduct", yours sincerely xxx

You might have gotten a $50 voucher out of that or something, which is absolutely all that would be reasonable.

Just my 2c worth.


A very fair and reasonable analysis of the situation, and good food for thought, thank you. I hadn't considered myself to be either disingenuous or opportunistic but on review, I can see how you would come to that conclusion. Perhaps on reflection, I was being some degree of of one or both, albeit unintentionally or at the very least, subconsciously.

I'll take your feedback on board and digest it a little further before taking any more action on the matter.

856 posts

Ultimate Geek


  # 1364955 12-Aug-2015 20:40
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tdgeek: Contract Law

Offer and Acceptance. PB offered a product you accepted that, and the following is evidence

I very happily received a confirmation email from them at about 3pm today saying: 
"Your order has been processed. We’ll inform you for the update.   Thanks for shopping with us". 
The email also included a PDF attachment of an invoice (it doesn't say "invoice" but it lists the item details, cost and provides bank account details for payment to PB Tech).

IANAL (my papers were for financial degrees) but I feel this goes above and beyond E&OE, Errors and Omissions Excepted). Mistakes happen, but is this a mistake or a sale of an item that doesn't or ever existed?  For the retailer, to fulfil the contract they should provide a conclusion, i.e. the sale that was entered into. If that involves selling a device at near or below cost, sobeit. 

This is not an offer that was tried to be offered, but cannot as we don't have any anymore. It was documented and supposedly invoiced. A tort action would see this as specific performance, or at the very least part performance as evidence of a binding contract.

I hear the mistake comments, that is what E&OE covers. (The Maserati is in fact one million not one thousand, sorry) . But IMHO I feel this has gone past a mistake. If my reply is seen as unreasonable, ok, then a mistake is an option for anybody, anytime to reverse a sale or purchase.  


I agree, but the mistake could've been other things, employee set aside the wrong product, or as they set it aside, someone else picked it up off their desk for another purpose for instance.

I think to be fair to PB, that it's reasonable to have the expectation that a mistake could happen at any point, and while highly frustrating, it's a fact of life.  That said, the later the mistake happens, I think the more the customer has reason to ask/demand that it be put right in a way that can be agreed to.  In this case, I wouldn't know what I'd expect, I'd likely just 'let it go' on the understanding that it was a big mess up, and not participate in similar sales in the future.

 
 
 
 


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  # 1364971 12-Aug-2015 20:50
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kiwijunglist: Your last post was even more off-topic.

I think the discussion regarding pbtech's inability to supply an open box special falls within the "spirit" of the original post.



so you are saying the FUG is wrong and should be amended to also include ' within the spirit of the original post' , not for me to argue that but in my opinion the topic was about a deal not someones dealings with the company and as such should have a new thread started.

I do, however, apologise for the "killjoy" comment it was not meant to be as worded and take your point.

" If you have a similar problem but a different configuration it is better to create a new topic."






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  # 1364983 12-Aug-2015 21:06
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tdgeek: I hear you. But, as per my bolding. Ooops, press something too soon

 "Whilst I am disappointed at being unable to secure such a good deal"

In fact a deal was secured,thats the issue. Offer, Acceptance, Consideration (Payment)

My issue is I accept mistakes, maybe more than most, but where is the line between mistakes and sales/marketing????

Networkn, nice reply, I like it, but something here is rubbing me the wrong way. Mistake or aggressive marketing that bounced?


I'd say mistake, they wouldn't spend 20+ minutes looking for an item that they knowingly did not have.

We deal with a number of suppliers who send out these type of lists from time to time. We assume quantities will vary from those being listed, due to the nature of them, and secondly that given they are a good deal, they are limited in quantity and likely to sell out very quickly, and 
also that between placing an order and it reaching their system and deducting stock, someone elses order may sneak in before mine. Until the goods are delivered I assume they won't be. Saves a lot of disappointment.

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  # 1364987 12-Aug-2015 21:10
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JEDENZED:
networkn:
I think your email is clearly worded, polite and respectful, but I feel the reason for it is disingenuous and more than a little unreasonable. 

I suspect they will possibly do something for you here, but if I were you, I would refuse it and say upon consideration, you think mistakes occur and that they shouldn't be out of pocket for a genuine error but that you appreciate the gesture and will sing their praises for being willing to work with you anyway.

It was a genuine error on their part, you have said yourself you were dealt with professionally, and I think you are being opportunistic in pressing the matter. 

If I were you and if I had been inclined to write the letter, I would have written upto "and I have copied him in accordingly."

I would have then stated something like "Whilst I am disappointed at being unable to secure such a good deal, I wanted to highlight xxx's excellent conduct", yours sincerely xxx

You might have gotten a $50 voucher out of that or something, which is absolutely all that would be reasonable.

Just my 2c worth.


A very fair and reasonable analysis of the situation, and good food for thought, thank you. I hadn't considered myself to be either disingenuous or opportunistic but on review, I can see how you would come to that conclusion. Perhaps on reflection, I was being some degree of of one or both, albeit unintentionally or at the very least, subconsciously.

I'll take your feedback on board and digest it a little further before taking any more action on the matter.


Please be assured, I meant absolutely no disrespect or offense in my post, and I wasn't speaking to your traits as a person, nor suggesting it's a common thing you would do, but rather how I perceived the wording of the letter.

I am sure you haven't taken it as a personal attack, but if you did in any way, my apologies.

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Ultimate Geek


  # 1365020 12-Aug-2015 21:26
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networkn: I'd say mistake, they wouldn't spend 20+ minutes looking for an item that they knowingly did not have.



Just to clarify, they spent maybe 3-5 minutes determining that the item was not available and there certainly was an element or air of "knowing" about one of the associates - I believe it was the one who sent me the confirmation email without actually confirming the stock on hand, but this is merely observational speculation. The rest of the time was spent looking in their system for a comparable substitute at a similar price point which, given the nature of the special, didn't seem to exist.

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  # 1365021 12-Aug-2015 21:28
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networkn:
JEDENZED:
networkn:
I think your email is clearly worded, polite and respectful, but I feel the reason for it is disingenuous and more than a little unreasonable. 

I suspect they will possibly do something for you here, but if I were you, I would refuse it and say upon consideration, you think mistakes occur and that they shouldn't be out of pocket for a genuine error but that you appreciate the gesture and will sing their praises for being willing to work with you anyway.

It was a genuine error on their part, you have said yourself you were dealt with professionally, and I think you are being opportunistic in pressing the matter. 

If I were you and if I had been inclined to write the letter, I would have written upto "and I have copied him in accordingly."

I would have then stated something like "Whilst I am disappointed at being unable to secure such a good deal, I wanted to highlight xxx's excellent conduct", yours sincerely xxx

You might have gotten a $50 voucher out of that or something, which is absolutely all that would be reasonable.

Just my 2c worth.


A very fair and reasonable analysis of the situation, and good food for thought, thank you. I hadn't considered myself to be either disingenuous or opportunistic but on review, I can see how you would come to that conclusion. Perhaps on reflection, I was being some degree of of one or both, albeit unintentionally or at the very least, subconsciously.

I'll take your feedback on board and digest it a little further before taking any more action on the matter.


Please be assured, I meant absolutely no disrespect or offense in my post, and I wasn't speaking to your traits as a person, nor suggesting it's a common thing you would do, but rather how I perceived the wording of the letter.

I am sure you haven't taken it as a personal attack, but if you did in any way, my apologies.


I didn't, no apology required whatsoever, but thank you for clarifying your position to any who may have felt otherwise :)

 
 
 
 


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Uber Geek


  # 1365520 13-Aug-2015 12:35
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jeffnz:
kiwijunglist: Your last post was even more off-topic.

I think the discussion regarding pbtech's inability to supply an open box special falls within the "spirit" of the original post.



so you are saying the FUG is wrong and should be amended to also include ' within the spirit of the original post' , not for me to argue that but in my opinion the topic was about a deal not someones dealings with the company and as such should have a new thread started.

I do, however, apologise for the "killjoy" comment it was not meant to be as worded and take your point.

" If you have a similar problem but a different configuration it is better to create a new topic."




Perhaps you should open a new thread to discuss this ;-)

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