Subject:
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Re: Informal WB Store Survey
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Newsgroups:
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lugnet.market.shopping
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Date:
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Thu, 3 Feb 2000 03:46:23 GMT
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Reply-To:
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johnneal@{SayNoToSpam}uswest.net
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Viewed:
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1841 times
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"Kyle D. Jackson" wrote:
> In lugnet.market.shopping, Steve Martin writes:
> > Did anyone read the TERMS OF USE on the wbstore.com website? Here is an
> > extract. Now it all makes sense. They don't promise to do ANYTHING!!! I'll
> > never buy from them again!!! Boycott wbstore.com !!! • [SNIP]
> > The receipt of an e-mail order confirmation does not constitute the acceptance
> > of an order or a confirmation of an offer to sell. WBSS reserves the right,
>
> This may be straying into something for the L.M.Theory group, so I'll try to
> keep it brief :]
>
> Okay, I'm not a lawyer, but as an engineer have to be loosely familiar with a
> range of laws. One that comes to mind here is in contract law, and has to do
> with conditions surrounding "offers". Many laws will stipulate (in Canada and
> the US anyhow, more or less) that once an offer has been made it cannot be
> withdrawn. The person on the receiving end is allowed to accept or decline
> but the offer must stand. Now there are a wide variety of limits that will
> prevent offers from being forced to remain open for eons. Everything is case
> by case ultimately...
>
> The WBStore.com site can be taken to be making an offer to sell a given
> product at a given price. The final summary it shows you before taking credit
> card info also includes quantities, shipping, taxes, etc. Thus it is a very
> concrete offer. In proceeding to provide credit card information, we are
> accepting their offer and providing payment on the spot. WBStore's following
> fiasco would then be withdrawing an offer after it's not only been made, but
> accepted as well. This could be argued to be a legal no-no. :]
>
> The legalese quoted above from their "Terms" is basically saying that they are
> never actually making any offer to sell. They're weasling it around to imply
> that we are voluntarily providing them credit information and a preference for
> a product that should they ever decide to sell they may give us a ring :]
>
> Potential contract law violations notwithstanding, I think the WBStore has
> more likely crossed the line in the area of "false advertising". They are
> saying they have a product available at a specific price and quantity.
> They've then denied it's sale, twice. End result is they've twice solicited
> confidential credit card information without delivering any product. To say
> it's "computer error" or "mistakes that happen" is not good enough. They
> repeatedly (ie, for many many customers) did the same thing. This borders on
> negligence. Any physical retail store would never get away with that.
> There's no reason the virtual store front should either.
>
> Question becomes has any of us suffered damages as a result? I didn't receive
> my single Indy Storm and Countdown Corner, but I didn't lose anything either.
> Or did I? How much is confidential credit card info worth?
Think they'll turn around and sell our email info? "For sale, list consisting of
gullible customers-- Ripe!" -- WB
-John
> That's where the
> courts would look...
>
> Just some ramble,
> KDJ.
>
> ________________________
>
> Kyle D. Jackson
> LUGNETer #203
> Windsor, Ontario, Canada
> ________________________
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Message is in Reply To:
 | | Re: Informal WB Store Survey
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| (...) [SNIP] (...) This may be straying into something for the L.M.Theory group, so I'll try to keep it brief :] Okay, I'm not a lawyer, but as an engineer have to be loosely familiar with a range of laws. One that comes to mind here is in contract (...) (25 years ago, 3-Feb-00, to lugnet.market.shopping)
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