It is unfortunate that this company will not stand behind their errors - myriad stories exist about $1 airline tickets to Paris and other elements. The email says 80% of price - $600 - 80% is a $20 error if I read this right.
--- "[EMAIL PROTECTED]" wrote: > I feel it necessary to respond to this issue at this > point in time. I do > not know Debbie, nor have I communicated with her in > any way and I do not > intend to do so regarding this issue. I try to > never judge a company or > person before hearing BOTH sides of the story. > However, since you felt it > necessary to weigh-in on Debbie's email. I will now > act as judge on what > appears to be the facts. > > I do not know what country either your company or > Debbie are operating in, > however I can only quote United States UCC (Uniform > Commercial Code) which > applies to ALL transactions in ALL states, whether > by private parties or > public businesses. > > Only Three things must exists for a legal contract > to exist: > > 1 - An Offer > Debbie's submission of her $100 bid to your system. > > 2 - Acceptance > Your email back to Debbie stating that her offer had > been accepted > > 3 - Consideration > When Debbie provided her credit card number to the > Pay system, it is > legally the same as placing cash in the hand of one > of your company's > employees. > > Based on the evidence above, you both continue to > have a legally binding > contract and in addition, you both have written > evidence of that contract > (in other words, not a verbal contract) which makes > the case very strong. > > I am not a lawyer and this is based on my personal > understanding of the > law. > > If both parties operate in the United States, your > company not only made a > very poor decision by not fulfilling your obligation > to Debbie, you have > also broken US commercial tort law. > > John Squeo > > > > > > "Robert > Davie" > > cc: > Sent by: Subject: > Re: Word of Caution > [7:23363] > > nobody@groupst > > udy.com > > > > > 10/18/01 > 10:43 > > AM > Please > respond > to > "Robert > > Davie" > > > > > > > > > I would like to respond to a message (below) that > went out over a > GroupStudy > mailing list regarding our company. > > When our system is functioning properly (99%) we > have two mechanisms that > work that were not working when Debbie placed her > order: > 1.. A guard against low-ball offers for items that > have sale prices. > This > guard prevents offers of less than 80% of the sale > price. (Debbie's offer > was $100 for a $600 item.) > 2.. Order Acceptance. This was malfunctioning and > accepting orders that > were being declined. > After explaining this to Debbie, who appears to be a > very knowledgeable and > market savvy person, we felt that the system > malfunction would garner her > understanding. > > She threatened to send out an email to the > GroupStudy mailing list if we > did > not fulfill the order, and we indicated that we > would respond to her email > message. > > Having been in sales all my life and career and with > happy customers > ranging > from AT&T to Sun Microsystems, I feel this is a very > unfortunate > occurrence. > > Robert Davie > EVP > Ph: 919-388-9993 x3102 > Fax: 919-388-9992 > ITParade.com, Inc. > > > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]]On Behalf Of > Debbie Westall > Sent: Wednesday, October 17, 2001 9:08 AM > To: [EMAIL PROTECTED] > Subject: OT: A Word of Caution about Vendor > [7:23244] > > Greetings, > > I wanted to give everyone a heads-up on the list > about > a vendor I recently dealt with over the Internet. > > The web site is www.itparade.com. > > They are a site that acts as a "middleman" for > sellers > of equipment. > > Last week I put an offer on a router (2501). I admit > the offer was very low, but I had never used this > site > so I figured "why not". A couple of hours later I > received an email from them saying that my offer was > accepted by the seller and I was to log on to > another > site to make payment arrangements. I logged into > PitNeyPay.com to add my credit card info as > requested. > The next day I received a phone call from a person > at > itparade, saying they have pulled my offer, that the > seller actually rejected my offer but itparade's web > site was "broken" so the email went out incorrectly. > The person at itparade, also mentioned that the > seller > would be more than happy to sell me that piece of > equipment for 600.00 rather than my offer. Which > would > have been more than double my initial offer. > Needless > to say, I rejected that. > > I spoke to the Executive VP and the CEO of the > company > to no avail. They will not stand behind the email > that > came to me that my offer was accepted. > > Just wanted to give everyone a heads-up to STAY AWAY > from this site. If it sounds to good to be true, it > probably is...... > > Has anyone used them before or heard of them. > > Thanks > > Debbie > > > __________________________________________________ > === message truncated === ===== Robert Padjen __________________________________________________ Do You Yahoo!? Make a great connection at Yahoo! Personals. http://personals.yahoo.com Message Posted at: http://www.groupstudy.com/form/read.php?f=7&i=23410&t=23363 -------------------------------------------------- FAQ, list archives, and subscription info: http://www.groupstudy.com/list/cisco.html Report misconduct and Nondisclosure violations to [EMAIL PROTECTED]
