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(CBS Dallas/Ft. Worth)   Did you get f*cked by Dick's?   (dfw.cbslocal.com) divider line 215
    More: Asinine, Dick's Sporting Goods, sports equipment, automatic rifles, Flower Mound, Russell Kellner  
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24926 clicks; posted to Main » on 30 Dec 2012 at 7:08 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-12-30 08:30:40 PM

sdd2000: For the internet GED's in law, please look at U.C.C. § 2-713. Buyer's Damages for Non-delivery or Repudiation.

(1) Subject to Section 2-723, if the seller wrongfully fails to deliver or repudiates or the buyer rightfully rejects or justifiably revokes acceptance:

(a) the measure of damages in the case of wrongful failure to deliver by the seller or rightful rejection or justifiable revocation of acceptance by the buyer is the difference between the market price at the time for tender under the contract and the contract price together with any incidental or consequential damages under Section 2-715, but less expenses saved in consequence of the seller's breach; and

(b) the measure of damages for repudiation by the seller is the difference between the market price at the expiration of a commercially reasonable time after the buyer learned of the repudiation, but no later than the time stated in paragraph (a), and the contract price together with any incidental or consequential damages provided in this Article (Section 2--715), less expenses saved in consequence of the seller's breach.


So, in this case, about $100?
 
2012-12-30 08:30:46 PM

Curious: snorkblaster: Dear internet lawyers: The customer has no damages in the eyes of the law, so there can be no successful suit.

dear guy with GED in law don't count on that. breach of contract comes to mind.


Unless you can prove they did this due to the fact the guns were increasing in price, then no, there is no breach of contract. Look upthread, the specific codes are posted for you.
 
2012-12-30 08:31:16 PM

ArcadianRefugee: jake_lex: Some grade A derp from the comments:

It sickens me that a corporation would shirk from our constitutional right to keep and bear arms. This knee jerk reaction to a deranged killer is senseless and guns were never the problem!

How does one shirk a right?


My point was just that it's amusing that there are some people who think that Dick's must sell these guns to uphold the right to bear arms, but would probably support other corporations who make decisions that might, if you look at it a certain way, infringe on other rights.  Chic-Fil-A decides that they want to close on Sunday, but in so doing, they might be trampling on the rights of those who have religious beliefs whose Sabbath is not Sunday (not to mention those who aren't religious at all.)  But we would not say that Chic-Fil-A is "shirking" the right to eat waffle fries on a Sunday.  That's their call.  If you don't like it, go somewhere that's open on Sunday.

Similarly, it seems like Dick's is making the decision that they do not want to carry semi-automatic weapons.  If you don't like it, go somewhere that does sell them.
 
2012-12-30 08:32:14 PM

zamboni: Gee... what other legal products are people questioned about when they want more than one. Oh, yeah... nothing.


Bullshiat. The guns in question are an extravagance with almost no practical purpose. If this were some rich dude biatching about ferrari reneging on an agreement after supplying only 2 of the 3 cars he ordered, we'd be tearing him apart, and rightly so.
 
2012-12-30 08:32:18 PM

sdd2000: For the internet GED's in law, please look at U.C.C. § 2-713....legalese


This seems to indicate a refund would also include the difference in the market price at the time. This would keep it so you couldn't just advertise ridiculously low prices, then take a crap ton of orders, earn interest off the deposits then just refuse to ship. Later listing the merchandise at the increased rates.

Imaging if you could do this for a commodity. "Well we will sell you an ounce of gold at the low low price of $1200/oz. Please allow 30 days for delivery" 3 weeks later, gold is at $1500/oz. "Sorry, we decided we aren't shipping gold anymore, here is your $1200 back. Hope you weren't needing that, but thanks for letting us borrow it for a month!"
 
2012-12-30 08:32:41 PM

Dougie AXP: But it's not a commodity. It's a good. The original purchaser was made whole. There are no damages. The whole of contract law is on the side of Dicks.

Now can Troy sue Dick's for breach of contract? More than likely. Can this schmoe get damages for not receiving his firearm? Nope. Because he was not harmed. He gave Dick's 700 per fire arm and received that money back and then on top was given additional compensation by Dick's for his trouble.

He has been made whole. You only need to take an introductory course in Contract Law to cover a case example like this.


Of course. That may all be true, but it's not going to make any one of them happier for it.
 
2012-12-30 08:33:10 PM

Cluckity: This is total speculation, but it's possible Dick's is having behind the scenes issues with a supplier. If they pulled the guns off the shelf, and theoretically aren't going to be buying any more from the supplier, they may no longer have access to get those guns and give them to the customers.


RTFA again. it says the supplier has dick's as an exclusive outlet for that model and they too are unhappy.
 
2012-12-30 08:36:39 PM

ArcadianRefugee: sdd2000: For the internet GED's in law, please look at U.C.C. § 2-713. Buyer's Damages for Non-delivery or Repudiation.

(1) Subject to Section 2-723, if the seller wrongfully fails to deliver or repudiates or the buyer rightfully rejects or justifiably revokes acceptance:

(a) the measure of damages in the case of wrongful failure to deliver by the seller or rightful rejection or justifiable revocation of acceptance by the buyer is the difference between the market price at the time for tender under the contract and the contract price together with any incidental or consequential damages under Section 2-715, but less expenses saved in consequence of the seller's breach; and

(b) the measure of damages for repudiation by the seller is the difference between the market price at the expiration of a commercially reasonable time after the buyer learned of the repudiation, but no later than the time stated in paragraph (a), and the contract price together with any incidental or consequential damages provided in this Article (Section 2--715), less expenses saved in consequence of the seller's breach.

So, in this case, about $100?


NO value of rifle at time delivery was due less any amount not previously paid. The second provision allows for specific performance as the rifles are not available from any other store (exclusive to Dick's)
 
2012-12-30 08:37:24 PM

jake_lex: My point was


I was presuming you were quoting one of the comments; I was then just poking fun at it.
 
2012-12-30 08:38:52 PM

IrateShadow: zamboni: Gee... what other legal products are people questioned about when they want more than one. Oh, yeah... nothing.

Bullshiat. The guns in question are an extravagance with almost no practical purpose. If this were some rich dude biatching about ferrari reneging on an agreement after supplying only 2 of the 3 cars he ordered, we'd be tearing him apart, and rightly so.


Ahhh... so things have to have a practical purpose before we can want them. Go on....
 
2012-12-30 08:39:24 PM

IlGreven: fusillade762: Krieghund: fusillade762: A week before Christmas, Dick's announced it was suspending sales of modern sporting rifles in all stores, out of respect for the victims of the Connecticut massacre.

Riiiight. I'll bet they just ran out of stock. Or they're waiting to jack up the price to milk more money out of panicked nitwits.

Because Dick's in the only place you can buy a gun in Texas.

Assault rifles are sold out across the country. Rounds of .223 bullets, like those used in the AR-15 type Bushmaster rifle used in Newtown, are scarce. Stores are struggling to restock their shelves. Gun and ammunition makers are telling retailers they will have to wait months to get more.

...and this is Dick's fault how?


I wasn't claiming it was. Just trying to illustrate that it might not be so easy to saunter to a different gun store for your AR15 clone.
 
2012-12-30 08:46:18 PM
www.bbspot.com

/ Really? I'm the first to invoke Team America?
// Fark, I am disappoint
 
2012-12-30 08:47:42 PM
"See, there's three kinds of people: dicks, pussies, and assholes. Pussies think everyone can get along, and dicks just want to fark all the time without thinking it through. But then you got your assholes, Chuck. And all the assholes want us to shiat all over everything! So, pussies may get mad at dicks once in a while, because pussies get farked by dicks. But dicks also fark assholes, Chuck. And if they didn't fark the assholes, you know what you'd get? You'd get your dick and your pussy all covered in shiat! "

/obscure? I think not.
 
2012-12-30 08:48:22 PM

zamboni: Ahhh... so things have to have a practical purpose before we can want them. Go on....


The problem is that things like AR hoarding are real disorders that are deeply engrained into American gun culture and are one of the REAL threats to the second amendment. Every time some asshole Wolverines! wannabe goes off his rocker and they empty a small armory from his house it marginalizes legitimate gun owners in the eyes of the public and makes it easier to impose draconian regulations. If you really want to protect your rights, these are the kind of people that have to be reigned in.
 
2012-12-30 08:53:47 PM

John Buck 41: thorthor: If I wasn't an atheist id say "amen".

No one cares.


Seems like you cared enough to reply... what rerun on 700 club tonight?
 
2012-12-30 09:00:53 PM

Antagonism: Wow. Just wow. You got a free $100 you didn't have before, your full refund, and you still think they need to "make it right"?

Sounds like the only dicks are the ones that shop there.


The customers are P.O.'d because the guns aren't available anywhere now (at least a 6 months waiting list to receive a purchase here in Texas, at some of the shops I've checked), unless you are willing to pay triple or more from what the guns were priced at, around Thanksgiving. The $100.00 gift card is an empty gesture. Though a full refund will probably negate any damages the potential buyers believe they've suffered.
 
2012-12-30 09:02:31 PM

John Buck 41: Who the fark buys a gun at Dick's? Either go to a reputable gunshop or buy from a friend. Or, if you're about saving $$ go to WalMart.


After the Kobe earthquake, I bought RAM at Office Max as they had it a pre-quake prices. I didn't go regard on them because they only had a couple dozen DIMMs in stock.
 
2012-12-30 09:04:16 PM

skyshooter: Antagonism: Wow. Just wow. You got a free $100 you didn't have before, your full refund, and you still think they need to "make it right"?

Sounds like the only dicks are the ones that shop there.

The customers are P.O.'d because the guns aren't available anywhere now (at least a 6 months waiting list to receive a purchase here in Texas, at some of the shops I've checked), unless you are willing to pay triple or more from what the guns were priced at, around Thanksgiving. The $100.00 gift card is an empty gesture. Though a full refund will probably negate any damages the potential buyers believe they've suffered.


So what? You deserve more than $100.00 for your supposed inconvenience? FFS, they have already made it right. Nobody is out money but Dick's themselves. I'm shocked at how entitled so many people here are.
 
2012-12-30 09:07:34 PM

IrateShadow: zamboni: Gee... what other legal products are people questioned about when they want more than one. Oh, yeah... nothing.

Bullshiat. The guns in question are an extravagance with almost no practical purpose. If this were some rich dude biatching about ferrari reneging on an agreement after supplying only 2 of the 3 cars he ordered, we'd be tearing him apart, and rightly so.


You would have a good laugh at the contract you have to sign in order to get your plutocratic behind in a popular model. Let's just say calling yourself an "owner" implies many more rights than you get.

/ no, I didn't
 
2012-12-30 09:08:34 PM
If I reply to someone I should probably read the rest of their comment.
 
2012-12-30 09:10:45 PM

IrateShadow: zamboni: Ahhh... so things have to have a practical purpose before we can want them. Go on....

The problem is that things like AR hoarding are real disorders that are deeply engrained into American gun culture and are one of the REAL threats to the second amendment. Every time some asshole Wolverines! wannabe goes off his rocker and they empty a small armory from his house it marginalizes legitimate gun owners in the eyes of the public and makes it easier to impose draconian regulations. If you really want to protect your rights, these are the kind of people that have to be reigned in.


This
 
2012-12-30 09:11:33 PM

ParaHandy: John Buck 41: Who the fark buys a gun at Dick's? Either go to a reputable gunshop or buy from a friend. Or, if you're about saving $$ go to WalMart.

After the Kobe earthquake, I bought RAM at Office Max as they had it a pre-quake prices. I didn't go regard on them because they only had a couple dozen DIMMs in stock.


I guess I missed the part in your story where office max took your money and told you to come back tomorrow for your ram, only to tell you they decided not to sell it to you, but good luck picking it up at the other places at 3 X the price or not at all because they were out of stock.
 
hej
2012-12-30 09:15:27 PM

cosmiquemuffin: [www.bbspot.com image 350x272]

// Fark, I am disappoint

 
2012-12-30 09:15:51 PM

Cyclometh: Apos: Someone might be looking down the barrel of a very expensive lawsuit soon.

No they won't. They refunded the money, end of story. Anyone who files a lawsuit will get laughed out of court. And should also be smacked with costs for wasting the court's time.




Agreed. I should have said frivolous lawsuit, actually. Dude seems like the sort of petulant asshole who would anyway, if only to be a nuisance.
 
2012-12-30 09:16:50 PM

IrateShadow: zamboni: Ahhh... so things have to have a practical purpose before we can want them. Go on....

The problem is that things like AR hoarding are real disorders that are deeply engrained into American gun culture and are one of the REAL threats to the second amendment. Every time some asshole Wolverines! wannabe goes off his rocker and they empty a small armory from his house it marginalizes legitimate gun owners in the eyes of the public and makes it easier to impose draconian regulations. If you really want to protect your rights, these are the kind of people that have to be reigned in.


Yeah... there are nuts out there. But in other... unreported news, there are 80,000,000 gun owners who didn't go on a killing spree this year. They went hunting. They went target shooting. Hell, they probably even concealed carried without incident. They protected their homes, their families and themselves. Perhaps they did have to use their weapon for defense. Maybe it was an investment. Maybe it just sat in a box. Maybe, they have what would be considered by some an unreasonable quantity of guns and/or ammunition... but they never broke the law. Why can't people understand this? Why can't people understand how much the news sensationalizes this?

Most of these people who go on these killing sprees have already broken multiple laws. How would more laws that only affect the law abiding change this? The Columbine killers had already broken 21 laws before they even set foot in that school. How many would stop them? 25? 30? 1000?

Somehow, someway we have to convince people that the problem isn't with people who actually obey laws.
 
2012-12-30 09:17:00 PM
Dick's flaw was that they believed that gun nuts would adhere to good reason and a sense of decency, or that it could at least be bought for $100 with of gift card.
 
2012-12-30 09:22:04 PM
www.morethings.com

What are we made of? Our fathers came across the prairies, fought Indians, fought drought, fought locusts, fought Dix... remember when Richard Dix came in here and tried to take over the Housing Authority? Well, we didn't give up then... and by gum, we're not going to give up now!
 
2012-12-30 09:24:42 PM

Cuyose: ParaHandy: John Buck 41: Who the fark buys a gun at Dick's? Either go to a reputable gunshop or buy from a friend. Or, if you're about saving $$ go to WalMart.

After the Kobe earthquake, I bought RAM at Office Max as they had it a pre-quake prices. I didn't go regard on them because they only had a couple dozen DIMMs in stock.

I guess I missed the part in your story where office max took your money and told you to come back tomorrow for your ram, only to tell you they decided not to sell it to you, but good luck picking it up at the other places at 3 X the price or not at all because they were out of stock.


I think a lot of people are missing the point that Dick's had their money for a month before arbitrarily deciding to not sell to them. When money changes hands in lieu of a promised delivery in the future, it IS a contract. If they cannot buy that gun right now for $800, then they are due the difference. Also I bet Dick's put in an order with the manufacturer for the total number of guns needed to fulfill those orders. If those guns were refused by Dick's, then there's another breach of contract. If those orders were filled it means Dick's has those guns sitting in a warehouse and is really being stupid.
 
2012-12-30 09:24:44 PM
I love Dicks
 
2012-12-30 09:26:25 PM

MarkEC: I think a lot of people are missing the point that Dick's had their money for a month before arbitrarily deciding to not sell to them. When money changes hands in lieu of a promised delivery in the future, it IS a contract. If they cannot buy that gun right now for $800, then they are due the difference. Also I bet Dick's put in an order with the manufacturer for the total number of guns needed to fulfill those orders. If those guns were refused by Dick's, then there's another breach of contract. If those orders were filled it means Dick's has those guns sitting in a warehouse and is really being stupid.


They're offering gift cards, like nearly every outlet or chain out there, are they not?
 
2012-12-30 09:27:42 PM
There's nothing better than a bag of Dick's

/Go Hawks!
 
2012-12-30 09:29:12 PM

Hagbardr: Dick's gave them a full refund plus $100 gift card? The monsters!


The horror!
 
2012-12-30 09:37:22 PM

SkunkWerks: MarkEC: I think a lot of people are missing the point that Dick's had their money for a month before arbitrarily deciding to not sell to them. When money changes hands in lieu of a promised delivery in the future, it IS a contract. If they cannot buy that gun right now for $800, then they are due the difference. Also I bet Dick's put in an order with the manufacturer for the total number of guns needed to fulfill those orders. If those guns were refused by Dick's, then there's another breach of contract. If those orders were filled it means Dick's has those guns sitting in a warehouse and is really being stupid.

They're offering gift cards, like nearly every outlet or chain out there, are they not?

In most other situations when you get offered a gift card, it is to compensate you on the trouble encountered for pursuing a failed transaction. No harm no foul, just go somewhere else and get the same thing, use gift card in future for the item when it is back in stock "rain check". Here the good you entered into a contract with is no longer attainable at the agreed upon contract price.

Someone else mentioned this earlier, but why not just fill the orders you took, and stop taking money for future orders? Your moral stance is satisfied and your business ethics remain in place.
 
2012-12-30 09:37:37 PM

SkunkWerks: MarkEC: I think a lot of people are missing the point that Dick's had their money for a month before arbitrarily deciding to not sell to them. When money changes hands in lieu of a promised delivery in the future, it IS a contract. If they cannot buy that gun right now for $800, then they are due the difference. Also I bet Dick's put in an order with the manufacturer for the total number of guns needed to fulfill those orders. If those guns were refused by Dick's, then there's another breach of contract. If those orders were filled it means Dick's has those guns sitting in a warehouse and is really being stupid.

They're offering gift cards, like nearly every outlet or chain out there, are they not?


Yes, but unlike any other case you are talking about, there is a much larger difference between the contract value and the current retail value.
When a retailer screws something up in a sale and offers you a gift card for your inconvenience, the gift card is usually worth more than the inconvenience. In this case, it's not.
 
2012-12-30 09:38:22 PM

GonadtheBarbarian: I love Dicks


Thanks for the laugh in this oh so boring thread.
 
2012-12-30 09:39:34 PM

Mood_For_Trouble: There's nothing better than a bag of Dick's

/Go Hawks!


Dick's Deluxe can't be beat.

/fries w/tarter
//rootbeer float
 
2012-12-30 09:41:01 PM

MarkEC: Yes, but unlike any other case


No, not unlike. This is about gun control. That's the only thing that makes this unlike any other store offering up store-proprietary credit for services not rendered. The only thing that makes this worthy of manufactured outrage.

But hey, that's okay, cause I'm happy to go along with this derp so long as it gets stores to stop offering proprietary gift cards for money they would otherwise owe me.
 
2012-12-30 09:41:35 PM
Full refund, plus a $100 gift card for the hassle? If this is the worst someone has to deal with in the next month or so, they are living a charmed life.
 
2012-12-30 09:41:52 PM

Milo Minderbinder: Mrbogey: You may not like the argument but it's up to the courts to decide.

They have decided. There is a whole body of law that says you are wrong. The non-breaching party has the right to be made whole, NOT specific performance. This is for policy reasons; courts want to encourage economically efficient breaches.


But this time Dick's Sporting Goods has violated the purchaser's Second Amendment rights! So you're wrong, Mr. Internet Lawyer, and Dick's owes these people a hundred million billion dollars a free ride on the space shuttle.
 
2012-12-30 09:45:15 PM

SkunkWerks: MarkEC: Yes, but unlike any other case

No, not unlike. This is about gun control. That's the only thing that makes this unlike any other store offering up store-proprietary credit for services not rendered. The only thing that makes this worthy of manufactured outrage.

But hey, that's okay, cause I'm happy to go along with this derp so long as it gets stores to stop offering proprietary gift cards for money they would otherwise owe me.


Please give me an example of a retailer that has done something in the same vane as Dick's has.
 
2012-12-30 09:48:14 PM
The fact of the matter is that Dicks broke a contract by refusing to perfom its end. Now, had they stopped elling guns, but honored the existing sales, that would not be an issue. This is a disk move that will have them pay more than a C note gift card in court.
 
2012-12-30 09:49:58 PM

The Larch: Milo Minderbinder: Mrbogey: You may not like the argument but it's up to the courts to decide.

They have decided. There is a whole body of law that says you are wrong. The non-breaching party has the right to be made whole, NOT specific performance. This is for policy reasons; courts want to encourage economically efficient breaches.

But this time Dick's Sporting Goods has violated the purchaser's Second Amendment rights! So you're wrong, Mr. Internet Lawyer, and Dick's owes these people a hundred million billion dollars a free ride on the space shuttle.


No one's claiming that. No one at all. Nice strawman. Nope.

OK, I'm claiming that. A space shuttle ride would be sweet.

/They don't gotta to burn the books, they just remove 'em.
 
2012-12-30 09:53:35 PM
So lets say you want a PHD in Education and you have saved the money to get it at your local state University. You also have options at other nearby colleges to get the same PHD. You know that PHDs in education are going to soon become unavailable or wildly expensive if you don't jump on it soon(lets say for the sake of argument people with PHDs in Education will be making 6 figured starting in 2 yrs due to some recent event, the event is irrelevant)

But your local state university runs a deal that if you sign up now and make pay your tuition up front you can have the PHD at a 10% discount to any other university nearby. Great, you jump on the chance, pick your classes, and wait. University comes back and tells you they decided not to offer that class because they want to be an engineering school, or just flat out don't like teachers. Now you are SOL, where as before you could have registered somewhere else because you took the initiative to get in before prices skyrocketed, but due to the exclusive deal you decided to go local.

How happy would you be if they gave you your tuition back and threw you a few extra bucks for your trouble?
 
2012-12-30 09:55:50 PM

MarkEC: Please give me an example of a retailer that has done something in the same vane as Dick's has.


No.

I said I'd go along with your derp. I don't much like getting locked into purchasing from a store I already probably have good reason not to purchase from in the first place either.

Now be happy, damn you.
 
2012-12-30 09:57:36 PM
Dick's is the Walmart of sporting goods stores. Absolutely middle of the barrel to bottom of sporting goods from fishing to skiing to whatever. Just like Home Depot used to sell drills by well known manufacturers but were sub quality to what the mfr sold to real tool outlets, dick's is the same. There's a reason they don't stock higher end brands. That and bring your gun back when it won't fire, you think there's a gunsmith on the payroll?
 
2012-12-30 09:57:40 PM
If I pay for a product, world events be damned, I want my product and I want it at the promised price. That's how it's supposed to work.

/out of respect?
/farking box marts never respected a god damn thing before.
/they smelled a rush and wanted to cash in with existing stock.
 
2012-12-30 09:58:25 PM
A few times in graduate school. But that's none of your business.
 
2012-12-30 09:59:28 PM

Notabunny: Are you kidding? Every time I'd stumble home in the cold and the rain, Dick's had a delicious cheeseburger, a great shake, and hot fries waiting for me.


I miss seattle
 
2012-12-30 09:59:32 PM
Too bad Dick doesn't have a backbone.
 
2012-12-30 10:02:31 PM

Cuyose: So lets say you want a PHD in Education and you have saved the money to get it at your local state University.


No, even better, suppose you were driving a car, and someone told you that they'd buy you a new car if you drove them to McDonald's, but you had to drive past Wendy's first and pick up their friend Dave. So you drove to Wendy's, but the engine in your old car is super powerful, like maybe a 427 cubic inch Ford like they have in those really souped up Mustangs, but maybe the new car that you're going to get is a Chevy. Or maybe it's a Saturn, but it's actually new because its been sitting on the lot for the last three years because nobody wants a Saturn.

So what if it was like that? Then would you be able to collect damages?
 
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