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(CBS Dallas/Ft. Worth)   Did you get f*cked by Dick's?   (dfw.cbslocal.com ) divider line
    More: Asinine, Dick's Sporting Goods, sports equipment, automatic rifles, Flower Mound, Russell Kellner  
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24954 clicks; posted to Main » on 30 Dec 2012 at 7:08 PM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



215 Comments   (+0 »)
   
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2012-12-30 05:47:40 PM  
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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

I love how, to the right, the 2nd amendment is holy and cannot be intruded on in any way, but the rest of the Constitution is, to use Dubya's phrase, "a goddamned piece of paper."
 
2012-12-30 06:31:45 PM  
Someone might be looking down the barrel of a very expensive lawsuit soon.
 
2012-12-30 06:33:01 PM  
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.
 
2012-12-30 07:05:33 PM  
I got my Mossberg 715t about an hour before they took them off the shelves.  Went back a few days later to get a Rem 597, and they'd not only removed all of their "scary-looking" guns, they took all of the mags off of the shelves and even removed the pages from their catalog that listed them.  I was trying to see if I could special order a target gun, but since the listing was on the same catalog PAGE as an AR-frame rifle, they couldn't order it at all.
 
2012-12-30 07:12:43 PM  

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.
 
2012-12-30 07:13:12 PM  

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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

I love how, to the right, the 2nd amendment is holy and cannot be intruded on in any way, but the rest of the Constitution is, to use Dubya's phrase, "a goddamned piece of paper."


careful, youre so upset you might spill your pinot into your fois gras
 
2012-12-30 07:14:27 PM  
I'm so mad! Get my gun!

/whoops not here yet
 
2012-12-30 07:15:23 PM  
"See, there's three kinds of people..."
 
2012-12-30 07:15:30 PM  
Dick's gave them a full refund plus $100 gift card? The monsters!
 
2012-12-30 07:16:39 PM  
I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?
 
2012-12-30 07:16:40 PM  

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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

I love how, to the right, the 2nd amendment is holy and cannot be intruded on in any way, but the rest of the Constitution is, to use Dubya's phrase, "a goddamned piece of paper."


Yeah, we get it, hippie.
 
2012-12-30 07:17:59 PM  

thisiszombocom: 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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

I love how, to the right, the 2nd amendment is holy and cannot be intruded on in any way, but the rest of the Constitution is, to use Dubya's phrase, "a goddamned piece of paper."

careful, youre so upset you might spill your pinot into your fois gras


Thank goodness I can still buy firearms, otherwise I would have to rely exclusively on over-sized trucks to compensate for my unusually small penis.
 
2012-12-30 07:19:05 PM  
Blackall says, "It's unacceptable."

You got a full refund plus a $100 gift card, you poor baby.
 
2012-12-30 07:19:31 PM  
Tried to buy a bowling ball from them once. They held onto it for two straight weeks without drilling it, always promising to have it done in 1-3 days. I just went and got my money back. Haven't bought anything from them ever since.
 
2012-12-30 07:19:33 PM  
headline of the year.
 
2012-12-30 07:19:38 PM  
STFU, asshole. If you get your money back, you've no right to complain. The protections implicit in the Second Amendment have nothing to do with why you're buying those guns. You're just hoping to profit on people too stupid to know better. So, yeah, STFU.
 
2012-12-30 07:19:40 PM  

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


double agree with this. Does it suck to not get what you were hoping for? Sure.

But, you got a good deal on the one(s) you did buy, you got all your money back, you got an EXTRA $100 that they didn't have to give you, and you still want to whine and moan?

Move to California and join the self entitled twits who populate this state. You'll be right at home.
 
2012-12-30 07:19:55 PM  
Somehow i can't find it in me to have any sympathy for the people complaining about their inability to make re-sale profit off of weapons like that. Besides,

" IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE. "

They got a refund. That is all they were entitled too. It sounds like DSG even went beyond their obligation and gave them a $100 gift - and yet they still whined and derped.
 
2012-12-30 07:20:18 PM  

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


As they explained. The price and scarcity being what it is, that extra 100$ doesn't do jack as far as helping them get what they want.

I hope Dick's gets hurt hard by this. Their stupid overreaction should cost them.
 
2012-12-30 07:20:27 PM  
God bless the free market.
 
2012-12-30 07:20:38 PM  

Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?


I suppose technically there was a sales contract that Dick's voluntarily decided to breach (as opposed to, e.g., because the manufacturer went out of business and couldn't fill the stock), but if it comes to that, this seems like one of those $1-verdict cases.
 
2012-12-30 07:21:57 PM  
static.guim.co.uk

VERY SCARY!!!

kittypackard.files.wordpress.com

Not so scary.

Same dude, different makeup.

/Damn, people are gullible
 
2012-12-30 07:22:53 PM  
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.
 
2012-12-30 07:23:13 PM  
Last month, on Black Friday, he says he and his wife bought three Troy Defense Carbine Semi-Automatic Rifles from Dick's Sporting Goods

That just takes the spirit out of Black Friday. Hand-to-hand combat used to be the tradition on that sacred day, but now the commercialization has ruined it.
 
2012-12-30 07:24:05 PM  
Jesus, whine some more, assholes.
 
2012-12-30 07:24:12 PM  
Dear internet lawyers: The customer has no damages in the eyes of the law, so there can be no successful suit.
 
2012-12-30 07:24:31 PM  

Mrbogey: As they explained. The price and scarcity being what it is, that extra 100$ doesn't do jack as far as helping them get what they want.


Dick's doesn't have to do jack in terms of getting them what they want. They gave money for discounted guns. Dicks gave them back their money and said "Sorry, we won't sell those anymore." That was their full legal obligation. They gave an extra hundred bucks to be good sports (ba-dum-tsh) and the weenies are still crying and even going on about lawsuits? Pff. 2 year olds have more level-headed reactions to not getting what they want.
 
2012-12-30 07:25:01 PM  

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.


Or someone crunched the numbers a figured out they were losing money. Ether way there screwed.
 
2012-12-30 07:25:02 PM  

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

As they explained. The price and scarcity being what it is, that extra 100$ doesn't do jack as far as helping them get what they want.

I hope Dick's gets hurt hard by this. Their stupid overreaction should cost them.


Contract law does not work that way. You get your money back, you have no damages.
 
2012-12-30 07:26:11 PM  

Mrbogey: As they explained. The price and scarcity being what it is, that extra 100$ doesn't do jack as far as helping them get what they want.


Well, boo-farking-hoo. If people don't like how capitalism works, they can go live somewhere else.
 
2012-12-30 07:26:51 PM  

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.
 
2012-12-30 07:27:16 PM  

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

As they explained. The price and scarcity being what it is, that extra 100$ doesn't do jack as far as helping them get what they want.

I hope Dick's gets hurt hard by this. Their stupid overreaction should cost them.


Yes, but Dicks has no obligation to do anything but refund the monies paid. The literally have no basis of which to sue from.
 
2012-12-30 07:28:15 PM  

chrylis: Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?

I suppose technically there was a sales contract that Dick's voluntarily decided to breach (as opposed to, e.g., because the manufacturer went out of business and couldn't fill the stock), but if it comes to that, this seems like one of those $1-verdict cases.


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.

In any case, sure it's frustrating for buyers, but they've been dealt with fairly. Take your $100 gift card and move on to something more important to whine about.
 
2012-12-30 07:30:21 PM  
Uh, what would make this any different then a stock exchange taking your order for a stock or commodity, then when they find out that commodity is going to up in price, just cancel your order. Granted the reason stated for doing this is moral grounds, however I would not find it impossible to believe that if they decide to sell them again, they will have no problems charging double what they almost sold them for.
 
2012-12-30 07:30:26 PM  
FTA:

"The guns have doubled and tripled in price now. So it's not like we can get our money back and buy the guns someplace else."


Or, you could just wait a couple months until demand returns back to normal and buy it somewhere for a reasonable price.

This was sort of a dick move though:



Troy's CEO says the company invested millions of dollars into its operations after selecting Dick's as the sole distributor of this particular rifle.


Sucks for the company, though I'd assume that there should be some way out of any exclusivity contract they signed with Dick's if Dick's no longer sells the gun.
 
2012-12-30 07:30:56 PM  

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.


I know, right? What are the poor souls going to do?
 
2012-12-30 07:32:14 PM  
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.
 
2012-12-30 07:33:16 PM  
I hope the gun manufacturer sues Dick's for a fortune
 
2012-12-30 07:33:28 PM  

jake_lex: OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?


Ha! No. You're not a Christian, thus you have no right to free religion.

/And if you think that's hyperbole, the American Family Association douchebag has actually used that argument.
 
2012-12-30 07:34:09 PM  
Was the return address Newtown, CT?

What?
 
182
2012-12-30 07:34:19 PM  
Subby's mom got banged by mine.
 
2012-12-30 07:36:11 PM  

Milo Minderbinder: Contract law does not work that way. You get your money back, you have no damages.


Dick's agreed to sell an item that cost, upon termination of the deal, about $1100 for $700. It's clear the gift cards were a way to offset the damages.

But the whole issue, regardless of lawsuits, Dick's deserves bad PR and to lose customers hand over fist for their actions. Sucks for Troy that they hitched their horse to a wagon that screwed them over so callously.
 
2012-12-30 07:41:03 PM  

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?
 
2012-12-30 07:41:33 PM  

Mrbogey: It's clear the gift cards were a way to offset the damages.


What damages?
 
2012-12-30 07:43:05 PM  

Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?


The sale did go through. The Customer was out the money, and it was deposited in Dick's account. Once a retailer charges your card, they are bound by contract to deliver the goods you just paid for. If they cancel due to arbitrary reasons, you can sue.
 
2012-12-30 07:43:30 PM  
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.
 
2012-12-30 07:43:45 PM  
Smoke and mirrors. Only explanation how Minnesota made the playoffs
 
2012-12-30 07:44:36 PM  

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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

I love how, to the right, the 2nd amendment is holy and cannot be intruded on in any way, but the rest of the Constitution is, to use Dubya's phrase, "a goddamned piece of paper."


why using "to the right". how about 'to some people'. just because you have a erection for a crowd you perceive is no license to tell everyone you're a slanted close mind type of Farker. i think you are better than that. and i love you, man.
 
2012-12-30 07:44:50 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.


For deals, presumably. The gun you'll get from there is equivalent to the gun you'll get out of the package anywhere else. I can't imagine "browsing" for guns at Dick's though, I've never seen one with any kind of real selection.
 
2012-12-30 07:45:42 PM  
I always thought it would be cool to open a store next to Dick's called Pussies, and it wouldn't sell sporting goods...it would be, you know, dicks.
 
2012-12-30 07:46:24 PM  

Mrbogey: Milo Minderbinder: Contract law does not work that way. You get your money back, you have no damages.

Dick's agreed to sell an item that cost, upon termination of the deal, about $1100 for $700. It's clear the gift cards were a way to offset the damages.

But the whole issue, regardless of lawsuits, Dick's deserves bad PR and to lose customers hand over fist for their actions. Sucks for Troy that they hitched their horse to a wagon that screwed them over so callously.


Contract damages put parties where they were prior to the breach. In this case, the purchaser gets his front money back. The gift certificate is gravy. There are no "super-deal-I-can't-get-anywhere-else" damages.
 
2012-12-30 07:46:58 PM  

Mrbogey: Milo Minderbinder: Contract law does not work that way. You get your money back, you have no damages.

Dick's agreed to sell an item that cost, upon termination of the deal, about $1100 for $700. It's clear the gift cards were a way to offset the damages.

But the whole issue, regardless of lawsuits, Dick's deserves bad PR and to lose customers hand over fist for their actions. Sucks for Troy that they hitched their horse to a wagon that screwed them over so callously.


There are no damages.
 
2012-12-30 07:50:39 PM  
The only damage that was done in this case is the gun manufacturer lost money, these people have no leg to stand on (or it got shot off).

If they really want to show their anger, then ignore the big box store that reneged on their sale and *BUY LOCAL* like you should be doing to support your community!
 
2012-12-30 07:50:40 PM  
Man, I wish I'd gone ahead and gotten one of those Troy AR15s they had on black friday special. My wife would have been pissed though.
 
2012-12-30 07:52:22 PM  

wyltoknow: What damages?


The cost for the person to fulfill the order that Dick's unilaterally terminated has now gone up by several hundred dollars.

If I enter into a contract to buy gold for you at $1500 and after the price of gold goes up several hundred dollars I send you a check to refund your money along with an apology about how I got out of the gold buying business and can't complete your order, you'd be pissed at losing out at entering at the low price point as now it'll cost you more.

So right now the AR-15 buyers are looking at several hundred dollars needed to make them whole. If there hadn't been a rush nationally, yea, no damages. But they can't find any AR-15 for 700$ much less the 800$ Dick's offered in total refund.

You may not like the argument but it's up to the courts to decide.
 
2012-12-30 07:53:25 PM  

MarkEC: Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?

The sale did go through. The Customer was out the money, and it was deposited in Dick's account. Once a retailer charges your card, they are bound by contract to deliver the goods you just paid for. If they cancel due to arbitrary reasons, you can sue.


You paid too much for you GED in Law.
 
2012-12-30 07:53:44 PM  

Milo Minderbinder: Mrbogey: Milo Minderbinder: Contract law does not work that way. You get your money back, you have no damages.

Dick's agreed to sell an item that cost, upon termination of the deal, about $1100 for $700. It's clear the gift cards were a way to offset the damages.

But the whole issue, regardless of lawsuits, Dick's deserves bad PR and to lose customers hand over fist for their actions. Sucks for Troy that they hitched their horse to a wagon that screwed them over so callously.

Contract damages put parties where they were prior to the breach. In this case, the purchaser gets his front money back. The gift certificate is gravy. There are no "super-deal-I-can't-get-anywhere-else" damages.


There's also the false advertising part of it. It was an advertised special. Dick's cancelled sales that had already gone through just because they didn't want to sell that item anymore.
 
2012-12-30 07:54:02 PM  

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.
 
2012-12-30 07:55:40 PM  

182: Subby's mom got banged by mine.


Subby's mom got banged by your mom?
 
2012-12-30 07:56:29 PM  

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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

I love how, to the right, the 2nd amendment is holy and cannot be intruded on in any way, but the rest of the Constitution is, to use Dubya's phrase, "a goddamned piece of paper."


If I wasn't an atheist id say "amen".
 
2012-12-30 07:57:36 PM  

Mrbogey: wyltoknow: What damages?

The cost for the person to fulfill the order that Dick's unilaterally terminated has now gone up by several hundred dollars.

If I enter into a contract to buy gold for you at $1500 and after the price of gold goes up several hundred dollars I send you a check to refund your money along with an apology about how I got out of the gold buying business and can't complete your order, you'd be pissed at losing out at entering at the low price point as now it'll cost you more.

So right now the AR-15 buyers are looking at several hundred dollars needed to make them whole. If there hadn't been a rush nationally, yea, no damages. But they can't find any AR-15 for 700$ much less the 800$ Dick's offered in total refund.

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.
 
2012-12-30 07:57:42 PM  
Best Buy and Toys R Us have done the same in the past. Nothing to do with Connecticut/guns and everything to do with $$$$$.
These type of actions will soon become the norm for retailers.
 
2012-12-30 07:57:44 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?


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.



Troy Industries has some nice but inexpensive rifles they sold through Dick's (exclusive distributor). Troy has the rifles ready to ship, but Dick's isn't taking them, even to fulfill backorders. Sure, they're giving the customers refunds plus $100, but these rifles are worth a lot more than that $100 now everyone's in panic mode. I'd be pissed too. Picture placing a bid for a futures commodity, and the price unexpectedly shoots way up, then the contractee refuses to ship, but here's your capital back and a few extra bucks. Hey, why the biatching? It's sort of like that.
 
2012-12-30 07:59:59 PM  

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


This
 
2012-12-30 08:01:29 PM  

MarkEC: Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?

The sale did go through. The Customer was out the money, and it was deposited in Dick's account.Once a retailer charges your card, they are bound by contract to deliver the goods you just paid for. If they cancel due to arbitrary reasons, you can sue.


No, they aren't. I am constantly amazed at the bizarre assortment of rights consumers think they have.

Unless there is some weird law in the municipality where these sales took place, a retailer is bound only to deliver the product within a reasonable time frame (FFC Mail Order Rules allow 30 days, typically) or to offer a full refund of monies paid within the same reasonable time frame. Can you imagine what kind of chaos could ensue if someone absolutely and under penalty of law had to deliver a product once they've charged someone for it, regardless of the actual availability of the product or cost to the seller?

I am of course assuming no actual legally enforceable contract that says otherwise was agreed to by both parties prior to engaging in the actual sale. A simple point of sale transaction is not such a thing.
 
2012-12-30 08:02:44 PM  
Good for Dick's. Their idea is good, even if their execution of it was a little clumsy. But that aspect doesn't bother me.

People who want to keep a firearm or two around the house for personal protection don't bother me, either. But the whining bullies at the N.R.A. do. So good for Dick's.

(How you can be "whining" and a "bully" at the same time is quite a talent. But the N.R.A. pulls it off.)
 
2012-12-30 08:02:54 PM  

jake_lex: "... to use Dubya's phrase, "a goddamned piece of paper."


Citation, please. From a reliable source, without an agenda or an ax to grind.
 
2012-12-30 08:02:57 PM  

MarkEC: Milo Minderbinder: Mrbogey: Milo Minderbinder: Contract law does not work that way. You get your money back, you have no damages.

Dick's agreed to sell an item that cost, upon termination of the deal, about $1100 for $700. It's clear the gift cards were a way to offset the damages.

But the whole issue, regardless of lawsuits, Dick's deserves bad PR and to lose customers hand over fist for their actions. Sucks for Troy that they hitched their horse to a wagon that screwed them over so callously.

Contract damages put parties where they were prior to the breach. In this case, the purchaser gets his front money back. The gift certificate is gravy. There are no "super-deal-I-can't-get-anywhere-else" damages.

There's also the false advertising part of it. It was an advertised special. Dick's cancelled sales that had already gone through just because they didn't want to sell that item anymore.


That is not false advertising. Its an intentional breach, and if the front money is returned, there are no damages.

/hurt feelings are not actionable
//nor disappointment about not getting what you want for Christmas
 
2012-12-30 08:03:03 PM  
What a bunch of Dick's


Out of respect of the victims of Sandy Hook I went out and cranked off a few hundred rounds. Being legally able to defend oneself is AWESOME.
 
2012-12-30 08:03:20 PM  
The Sandy Hook shooting wasn't what changed my minds on guns (from don't want them but think you should be allowed to have them to believing in close to a full ban), it was another round of listening to gun owners crazy logic that convinced me that we were just arming the inmates at the asylum. If sane gun owners want to keep their guns they need to help us get the guns out of their nutjob friends' hands. Several of my friends have guns. Of the eight that pop in my head first, five absolutely shouldn't have them, and the other three are military (or ex-military) and law enforcement. (One is untreated bipolar, the second is almost certainly bipolar as well, and untreated. The third has had serious bouts of depression (a friend walked in on him sitting on his bed with his shotgun contemplating suicide, and he also kept an unregistered, loaded handgun in his car, loose in the trunk.) My other friend has some hording tendencies. Walking through his place I stepped on a shotgun lying unsecured in a house with children, underneath a pile of clothes. One was a schizophrenic who used to walk around his house at night on armed patrol (he was ex-military, and a nice guy, but seriously mentally ill, including voices that told him to do violent things- his guns were eventually taken away).

So that leaves me with the last three. The police officer, fine. The Air Force guy, well, he keeps them locked up and he's pretty sane. He is a recreational shooter. The other one is a little paranoid (he is a 'buy gold for the financial apocalypse' type), but he has a carry permit. He is scared about the world and the gun makes him feel safer. Statistics show they don't actually make him safer, but he thinks they do. Of the 8 that popped in my head, only two have any 'need' to be armed, (and saying the Air Force guy, who is not deployed, needs to be armed, is stretching it.)

That's just the people I know who I've talked guns with. I had a friend in grade school who brought a live grenade to school because his dad, who was in the military, was stealing and hording guns and artillery in the basement. Another neighbor (and this was a 'good' neighborhood, if that means anything) had given his son a real (but disabled) gun to play guns with. That, in of itself, wasn't a problem. It had had lead poured down the barrel. The attitude about guns in the family seriously had problems though. His older son would shoot BB's at us. (He was in his late teens, we were 3-4th graders.)

A bunch of my friends got in trouble for shooting in an old gravel pit. The charge was bogus. The land wasn't posted, but the reason that charges were pressed was because homeowners had complained. Other people had been using the pit recently and had hit nearby homes with stray gunfire. (It wasn't my friends, it wasn't even the day my friends were there, but they were the ones there when the cops showed up.) The fact remains though, that some 'responsible' gun owners had been shooting up there and hit houses.
 
2012-12-30 08:04:50 PM  

Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?


Maybe for the lost opportunity to buy it somewhere else while it was on sale? You can't buy it elsewhere while expecting delivery, after giving your money.
 
2012-12-30 08:05:12 PM  

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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

I love how, to the right, the 2nd amendment is holy and cannot be intruded on in any way, but the rest of the Constitution is, to use Dubya's phrase, "a goddamned piece of paper."


What does the # of submitted links always correspond with the amount of libberagle warrrrrgle?
 
2012-12-30 08:06:30 PM  

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

This


You paid $1000 to back-order a rifle, the company that makes the rifle, which is now worth about $2000, has that rifle ready to ship to us but we're refusing to accept them because of politics, but here's $1100 back for your trouble? Yeah, this.
 
2012-12-30 08:07:22 PM  
Dick's can suck mine. I won't be buying from them again. Their right not to sell guns, my right not to shop there because of the asinine nature of their illogical knee-jerk reaction to a national tragedy.
 
2012-12-30 08:08:41 PM  
You don't need 3 carbines you piece of shiat.
 
2012-12-30 08:09:41 PM  

Mrbogey: wyltoknow: What damages?

The cost for the person to fulfill the order that Dick's unilaterally terminated has now gone up by several hundred dollars.

If I enter into a contract to buy gold for you at $1500 and after the price of gold goes up several hundred dollars I send you a check to refund your money along with an apology about how I got out of the gold buying business and can't complete your order, you'd be pissed at losing out at entering at the low price point as now it'll cost you more.

So right now the AR-15 buyers are looking at several hundred dollars needed to make them whole. If there hadn't been a rush nationally, yea, no damages. But they can't find any AR-15 for 700$ much less the 800$ Dick's offered in total refund.

You may not like the argument but it's up to the courts to decide.


They have, and in they decided that there are no damages.
 
2012-12-30 08:12:15 PM  

HoratioGates: The Sandy Hook shooting wasn't what changed my minds on guns (from don't want them but think you should be allowed to have them to believing in close to a full ban), it was another round of listening to gun owners crazy logic that convinced me that we were just arming the inmates at the asylum. If sane gun owners want to keep their guns they need to help us get the guns out of their nutjob friends' hands. Several of my friends have guns. Of the eight that pop in my head first, five absolutely shouldn't have them, and the other three are military (or ex-military) and law enforcement. (One is untreated bipolar, the second is almost certainly bipolar as well, and untreated. The third has had serious bouts of depression (a friend walked in on him sitting on his bed with his shotgun contemplating suicide, and he also kept an unregistered, loaded handgun in his car, loose in the trunk.) My other friend has some hording tendencies. Walking through his place I stepped on a shotgun lying unsecured in a house with children, underneath a pile of clothes. One was a schizophrenic who used to walk around his house at night on armed patrol (he was ex-military, and a nice guy, but seriously mentally ill, including voices that told him to do violent things- his guns were eventually taken away).

So that leaves me with the last three. The police officer, fine. The Air Force guy, well, he keeps them locked up and he's pretty sane. He is a recreational shooter. The other one is a little paranoid (he is a 'buy gold for the financial apocalypse' type), but he has a carry permit. He is scared about the world and the gun makes him feel safer. Statistics show they don't actually make him safer, but he thinks they do. Of the 8 that popped in my head, only two have any 'need' to be armed, (and saying the Air Force guy, who is not deployed, needs to be armed, is stretching it.)

That's just the people I know who I've talked guns with. I had a friend in grade school who brought ...


I feel the exact opposite way from listening to anti-gun nuts frothing along like the tea partiers they so despise.
 
2012-12-30 08:12:26 PM  
Stop whining.
 
2012-12-30 08:13:03 PM  

Milo Minderbinder: Mrbogey: wyltoknow: What damages?

The cost for the person to fulfill the order that Dick's unilaterally terminated has now gone up by several hundred dollars.

If I enter into a contract to buy gold for you at $1500 and after the price of gold goes up several hundred dollars I send you a check to refund your money along with an apology about how I got out of the gold buying business and can't complete your order, you'd be pissed at losing out at entering at the low price point as now it'll cost you more.

So right now the AR-15 buyers are looking at several hundred dollars needed to make them whole. If there hadn't been a rush nationally, yea, no damages. But they can't find any AR-15 for 700$ much less the 800$ Dick's offered in total refund.

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.


You may say that the $100 that Dick's gave them was sufficient, but you can't say their actions would not be actionable. they had the customers' money for almost a month before deciding they just didn't want to sell that item anymore. If taking money and refunding it a month later instead of fulfilling an order were not actionable, you could become a millionaire by taking tens of thousands of orders and gaining interest on it before refunding it back. Ponzi would have gone that route and not gone to jail.
 
2012-12-30 08:13:03 PM  
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.

and

U.C.C. § 2-716. Buyer's Right to Specific Performance or Replevin.

(1) Specific performance may be decreed if the goods are unique or in other proper circumstances. In a contract other than a consumer contract, specific performance may be decreed if the parties have agreed to that remedy. However, even if the parties agree to specific performance, specific performance may not be decreed if the breaching party's sole remaining contractual obligation is the payment of money.

(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(3) The buyer has a right of replevin or similar remedy for goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered.

(4) The buyer's right under subsection (3) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
 
2012-12-30 08:15:20 PM  

HoratioGates: The Sandy Hook shooting wasn't what changed my minds on guns (from don't want them but think you should be allowed to have them to believing in close to a full ban), it was another round of listening to gun owners crazy logic that convinced me that we were just arming the inmates at the asylum. If sane gun owners want to keep their guns they need to help us get the guns out of their nutjob friends' hands. Several of my friends have guns. Of the eight that pop in my head first, five absolutely shouldn't have them, and the other three are military (or ex-military) and law enforcement. (One is untreated bipolar, the second is almost certainly bipolar as well, and untreated. The third has had serious bouts of depression (a friend walked in on him sitting on his bed with his shotgun contemplating suicide, and he also kept an unregistered, loaded handgun in his car, loose in the trunk.) My other friend has some hording tendencies. Walking through his place I stepped on a shotgun lying unsecured in a house with children, underneath a pile of clothes. One was a schizophrenic who used to walk around his house at night on armed patrol (he was ex-military, and a nice guy, but seriously mentally ill, including voices that told him to do violent things- his guns were eventually taken away).

So that leaves me with the last three. The police officer, fine. The Air Force guy, well, he keeps them locked up and he's pretty sane. He is a recreational shooter. The other one is a little paranoid (he is a 'buy gold for the financial apocalypse' type), but he has a carry permit. He is scared about the world and the gun makes him feel safer. Statistics show they don't actually make him safer, but he thinks they do. Of the 8 that popped in my head, only two have any 'need' to be armed, (and saying the Air Force guy, who is not deployed, needs to be armed, is stretching it.)

That's just the people I know who I've talked guns with. I had a friend in grade school who brought ...



CSB, except it doesn't warrant taking guns out of the hands of law abiding citizens just because you have a whole bunch of farked up friends. You address the issues that your friends have, not the inanimate objects that the rest of us without issues choose to own.
 
2012-12-30 08:17:18 PM  

MarkEC: Milo Minderbinder: Mrbogey: wyltoknow: What damages?

The cost for the person to fulfill the order that Dick's unilaterally terminated has now gone up by several hundred dollars.

If I enter into a contract to buy gold for you at $1500 and after the price of gold goes up several hundred dollars I send you a check to refund your money along with an apology about how I got out of the gold buying business and can't complete your order, you'd be pissed at losing out at entering at the low price point as now it'll cost you more.

So right now the AR-15 buyers are looking at several hundred dollars needed to make them whole. If there hadn't been a rush nationally, yea, no damages. But they can't find any AR-15 for 700$ much less the 800$ Dick's offered in total refund.

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.

You may say that the $100 that Dick's gave them was sufficient, but you can't say their actions would not be actionable. they had the customers' money for almost a month before deciding they just didn't want to sell that item anymore. If taking money and refunding it a month later instead of fulfilling an order were not actionable, you could become a millionaire by taking tens of thousands of orders and gaining interest on it before refunding it back. Ponzi would have gone that route and not gone to jail.


So sue for one month of bank interest on your deposit, but only if you can prove Dicks entered into the contract in bad faith. Whoops, Newton pretty much disproves that.

/leavw the practice of law to the professionals.
 
2012-12-30 08:17:52 PM  

StinkyFiddlewinks: You don't need 3 carbines you piece of shiat.


You don't need most of the stuff you own either...
 
2012-12-30 08:18:13 PM  
All this arguing going on in the thread and no one has touched on the fact that every complained ordered multiple guns? I understand collecting, but what the fark do you need 3 of the same rifle for?
 
2012-12-30 08:18:45 PM  
i thought it would be cool to put out a female employee swimsuit calendar.

I'd call it "Chicks with Dick's"

WHAT‽‽‽‽
 
2012-12-30 08:21:21 PM  

IrateShadow: All this arguing going on in the thread and no one has touched on the fact that every complained ordered multiple guns? I understand collecting, but what the fark do you need 3 of the same rifle for?


Gee... what other legal products are people questioned about when they want more than one. Oh, yeah... nothing.
 
2012-12-30 08:23:33 PM  

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


No one cares.
 
2012-12-30 08:24:40 PM  

twiztedjustin: What a bunch of Dick's


Out of respect of the victims of Sandy Hook I went out and cranked off a few hundred rounds. Being legally able to defend oneself is AWESOME.



Kindergartners defending themselves from gun nuts?

That's a beautiful world you have planned for us.
 
2012-12-30 08:25:33 PM  

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

double agree with this. Does it suck to not get what you were hoping for? Sure.

But, you got a good deal on the one(s) you did buy, you got all your money back, you got an EXTRA $100 that they didn't have to give you, and you still want to whine and moan?

Move to California and join the self entitled twits who populate this state. You'll be right at home.


Hey, I live in California and...

Oh. Right.
 
2012-12-30 08:25:55 PM  

dahmers love zombie: I got my Mossberg 715t about an hour before they took them off the shelves.  Went back a few days later to get a Rem 597, and they'd not only removed all of their "scary-looking" guns, they took all of the mags off of the shelves and even removed the pages from their catalog that listed them.  I was trying to see if I could special order a target gun, but since the listing was on the same catalog PAGE as an AR-frame rifle, they couldn't order it at all.


I already had the 708 and was forced to get the 715t because they were out of stock. I needed something to deal with the the strays people have been dropping off out here. They have the same mechanism, but the 708 isn't as cheap feeling. reliable as hell, though.
 
2012-12-30 08:26:16 PM  

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?
 
2012-12-30 08:26:25 PM  

Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?


breach of contract. and the mfg could too probably. especially so if that bit about dick's being an exclusive dealer is right.

even if they don't get the gun they should get what the current price is. this was truly a dick move.
 
2012-12-30 08:27:11 PM  

StinkyFiddlewinks: You don't need 3 carbines you piece of shiat.


And you don't need a computer with internet access. So what's your farking point?
 
2012-12-30 08:28:13 PM  

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.
 
2012-12-30 08:28:52 PM  

Insatiable Jesus: twiztedjustin: What a bunch of Dick's


Out of respect of the victims of Sandy Hook I went out and cranked off a few hundred rounds. Being legally able to defend oneself is AWESOME.


Kindergartners defending themselves from gun nuts?

That's a beautiful world you have planned for us.


Better than your world, where people just happily line up along a trench. No use fighting it, because they got Tanks and shiat. Go forth and die.
 
2012-12-30 08:29:22 PM  

IrateShadow: All this arguing going on in the thread and no one has touched on the fact that every complained ordered multiple guns? I understand collecting, but what the fark do you need 3 of the same rifle for?


Because as of now in this country, at least for now anyway, one can buy as much of anything that they want. And if a byproduct of such purchases happens to be the pleasure of pissing people like you off, even better.
 
2012-12-30 08:29:44 PM  
I can understand the situation but if you sold the guns deliver the ones that have been paid for and stop selling them in store.
 
2012-12-30 08:29:45 PM  

Farker Soze: 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?

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.


Troy Industries has some nice but inexpensive rifles they sold through Dick's (exclusive distributor). Troy has the rifles ready to ship, but Dick's isn't taking them, even to fulfill backorders. Sure, they're giving the customers refunds plus $100, but these rifles are worth a lot more than that $100 now everyone's in panic mode. I'd be pissed too. Picture placing a bid for a futures commodity, and the price unexpectedly shoots way up, then the contractee refuses to ship, but here's your capital back and a few extra bucks. Hey, why the biatching? It's sort of like that.


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.
 
2012-12-30 08:29:57 PM  

ISO15693: Somehow i can't find it in me to have any sympathy for the people complaining about their inability to make re-sale profit off of weapons like that. Besides,

" IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE. "

They got a refund. That is all they were entitled too. It sounds like DSG even went beyond their obligation and gave them a $100 gift - and yet they still whined and derped.


that's boilerplate meant to fool folks like you into not suing.
 
2012-12-30 08:30:02 PM  
What have we learned here?

Dick's is aptly named.

IANAL. Maybe what they did is legal, but it's still a (here it comes) dick move.
 
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?
 
2012-12-30 10:07:31 PM  

SkunkWerks: 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.


LOL ok, I'm happy. I agree cash would be better. I'm just pointing out that a normal retail screw up doesn't screw you out of hundreds of dollars, so the $10 gift certificate to your local retailer is for covering an inconvenience. If you paid for an order for a $500 TV that was supposed to be delivered by Christmas and on Christmas eve you got a refund check instead, you'd be pissed. If you went out the day after Christmas and found the exact same TV at another store but it was $1000 you'd be doubly pissed and ready to sue.
 
2012-12-30 10:10:26 PM  
Take your refund to a gun show. You'll probably get a better deal. And hope the government gives you a fair price when they confiscate it.
 
2012-12-30 10:11:31 PM  

The Larch: 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?


Let me guess, you had an stroke when you tried to mentally twist yourself around the A:B :: C:? questions on the SAT
 
2012-12-30 10:11:51 PM  
"You see, in this world there's two kinds of people, my friend: Those with loaded guns and those who dig. You dig."

/can I play too?
 
2012-12-30 10:16:00 PM  
I don't agree with the move they played. Also this is the reason if I know a product won't arrive in less than a week, then I don't buy it. Once I see something is backordered or says "might take 5-6 weeks for delivery, I cancel the order and find another place to shop. Buying futures is something stock brokers do when they have gut feelings or insider secrets.
 
2012-12-30 10:19:35 PM  

StinkyFiddlewinks: You don't need 3 carbines you piece of shiat.


but but but freedom!

It's a funny kind of situation. Legally speaking, Dick's can decline to fulfill an order, no problem. But when was the last time Amazon or Overstock or any similarly large company gave you a $100 bonus without even being asked? Dick's is doing this because they fully intend to jack the prices up to ZOMG OBAMA'S A-COMIN' FER YER GUNS levels just as soon as they possibly can, and they know it, and they know you know it, and you know they know you know it, etc.

If it were anything else, people would just pocket their free money and STFU. But it's guns, and the Second Amendment clearly states that the right of the People to keep and bear deeply discounted arms at low low holiday doorbuster prices shall not be infringed by charging the free-market price during a gun panic.
 
2012-12-30 10:23:49 PM  

Cuyose: Let me guess, you had an stroke when you tried to mentally twist yourself around the A:B :: C:? questions on the SAT


You're just made because my analogy made just as much sense as yours, but mine was cooler because it had cars in it.
 
2012-12-30 10:24:25 PM  

The Larch: Cuyose: Let me guess, you had an stroke when you tried to mentally twist yourself around the A:B :: C:? questions on the SAT

You're just made mad because my analogy made just as much sense as yours, but mine was cooler because it had cars in it.

 
2012-12-30 10:24:39 PM  
We got a street here named Black Bob, and as we passed the Dick's, I made a comment about it, but I cannot remember how I got the possessive to work out. Anyway, it was the last time I got her to laugh before she divorced me, so believe me it was funny.
 
2012-12-30 10:25:31 PM  
24.media.tumblr.com

The woman in the photo has regularly been f*cked by Dick's. And several other guys'.
 
2012-12-30 10:27:36 PM  

The Larch: Cuyose: Let me guess, you had an stroke when you tried to mentally twist yourself around the A:B :: C:? questions on the SAT

You're just made because my analogy made just as much sense as yours, but mine was cooler because it had cars in it.


No my analogy was exactly like the situation here, only instead of using guns, I used some other good that didn't evoke suck an emotional knee jerk response. I could come up with a car analogy for you if that is something you could understand. Let me know the color of the matchbox cars you're currently playing with and ill try to fit them into my story for you.
 
2012-12-30 10:27:55 PM  

cynicalbastard: [24.media.tumblr.com image 500x320]

The woman in the photo has regularly been f*cked by Dick's. And several other guys'.


She's an ignorant slut.
 
2012-12-30 10:31:35 PM  

The Larch: You're just made


Cuyose: that didn't evoke suck


monkeyseesmonkeyclimbs.files.wordpress.com
 
2012-12-30 10:31:50 PM  

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.


This is why we have a reloading setup and do our own bullets.
 
2012-12-30 10:33:55 PM  

StinkyFiddlewinks: You don't need 3 carbines you piece of shiat.


Id bet they are trying to capitalize on the rush. Buy now at the current (and increasing) price, wait a couple months and sell for even higher.

Right now im sitting on a DTI AR-15, bought it earlier in the year, havent had a chance to get to the range with it, so its basically brand new...Im torn between keeping it (as a ban would prevent buying one in the future) and selling it to make a nice profit.
 
2012-12-30 10:34:33 PM  

SkunkWerks: The Larch: You're just made

Cuyose: that didn't evoke suck

[monkeyseesmonkeyclimbs.files.wordpress.com image 500x422]


touche, mis-types are the devil...
 
2012-12-30 10:35:43 PM  
www.lolhome.com
 
2012-12-30 10:37:24 PM  

marcguyver: 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


GROSS! When I first moved to Seattle someone once claimed that "Dick's is the In-N-Out of the Pacific Northwest". I was really excited and rushed off to Dick's and what did I get? An extremely mediocre burger where they refuse to hold the mayo. So far as I'm concerned, Dick's is nothing more than a more disgusting, more expensive version of Wendy's.

If there's one thing I learned from the experience, it' NEVER to trust Seattle hippies when it comes to delicious, greasy, fatty foods. I'll ask my fellow Buffalo, NY transplants where to eat from now on...

Oh....and Scooter's Burgers in Ballard? THAT can be considered the In-N-Out of the PNW.
{/rant}
 
2012-12-30 10:37:25 PM  

HoratioGates: If sane gun owners want to keep their guns they need to help us get the guns out of their nutjob friends' hands. Several of my friends have guns. Of the eight that pop in my head first, five absolutely shouldn't have them


HoratioG., what are you doing to get these guns out of YOUR nutjob friends' hands?
 
2012-12-30 10:49:15 PM  

ultraholland: Blackall says, "It's unacceptable."

You got a full refund plus a $100 gift card, you poor baby.



Considering the market, You'd be pissed too. Lets rewind 5 years. Say you put in an order with your broker 5 years ago for one ounce of gold for the going rate of $500 that will be placed into his vault for safe keeping. He got drunk at lunch and forgot to actually place your order that day. Two years later the price is now almost $1200 an ounce. You are looking at your asset listing and and notice according to your records you are an ounce short of gold. He offers to refund the $500 cash plus $100.

What are you going to do? go to another broker and buy an ounce of gold with that $600? Hell no. You're out $600 since your cash now only buys a half ounce!

Thats pretty much where this guy is sitting. He got a great deal, but even if he could sell the gift card to a buddy for cash at face value, that $900 isnt gonna buy him a replacement rifle. IF, and thats a big IF he can actually find a replacement on the shelf due to market demands that $900 will be a nice down payment only.

Class action still isnt the right course. All it does is annoy Dicks and put TONS of cash in the lawyer's wallets. Lawyers are the only ones who win as it does nothing appreciable for the litigants. "My class action over a $1000 loss caused Dicks to lose a couple million dollars and all I got was this free box of shotgun shells*."
*but only ones Dicks sells
 
2012-12-30 10:51:25 PM  

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

double agree with this. Does it suck to not get what you were hoping for? Sure.

But, you got a good deal on the one(s) you did buy, you got all your money back, you got an EXTRA $100 that they didn't have to give you, and you still want to whine and moan?

Move to California and join the self entitled twits who populate this state. You'll be right at home.


It's nice of them to give an extra $100 back, but it would have been better to just send them their darn rifles. Anyone who ordered and paid for one at price is now looking at paying probably over $1500 for that same gun thanks to the spike in demand.
 
2012-12-30 11:01:32 PM  

Milo Minderbinder: Thank goodness I can still buy firearms, otherwise I would have to rely exclusively on over-sized trucks to compensate for my unusually small penis.


DRINK!
 
2012-12-30 11:05:21 PM  

CameraMonkey: ultraholland: Blackall says, "It's unacceptable."

You got a full refund plus a $100 gift card, you poor baby.


Considering the market, You'd be pissed too. Lets rewind 5 years. Say you put in an order with your broker 5 years ago for one ounce of gold for the going rate of $500 that will be placed into his vault for safe keeping. He got drunk at lunch and forgot to actually place your order that day. Two years later the price is now almost $1200 an ounce. You are looking at your asset listing and and notice according to your records you are an ounce short of gold. He offers to refund the $500 cash plus $100.

What are you going to do? go to another broker and buy an ounce of gold with that $600? Hell no. You're out $600 since your cash now only buys a half ounce!

Thats pretty much where this guy is sitting. He got a great deal, but even if he could sell the gift card to a buddy for cash at face value, that $900 isnt gonna buy him a replacement rifle. IF, and thats a big IF he can actually find a replacement on the shelf due to market demands that $900 will be a nice down payment only.

Class action still isnt the right course. All it does is annoy Dicks and put TONS of cash in the lawyer's wallets. Lawyers are the only ones who win as it does nothing appreciable for the litigants. "My class action over a $1000 loss caused Dicks to lose a couple million dollars and all I got was this free box of shotgun shells*."
*but only ones Dicks sells


It doesn't matter. Stop treating it like a commodity. The fire-arm is a god damned "good" or "bauble". It is NOT a commodity. It's not traded and is not something that is scarce. Gold and Oil are commodities because there is a set amount in the god damned world.

This gentleman entered an order (or from the sounds of it a "rain check" since it wasn't in stock). This would be no different if the good had been a fishing rod or pair of shoes that was no longer made after making the rain check/order.

His money was returned which is all that Dick's was legally obligated to do. They did not have to offer the $100 gift card.

The original customer suffered no actual damages. Therefore there is no grounds for a lawsuit. As much as you guys keep imagining a "commodity" example, the fact is it's not. Therefore there is over 200 years of contract law on Dick's side and even more precedent if we use British Common Laws for precedent.

If this guy tries to sue the only people who make money are the damn lawyers.
 
2012-12-30 11:06:13 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.


Dicks, being a 'sporting goods' store, has a stunningly shiatty selection on guns. Only Walmart with their little rotating display case is worse.
 
2012-12-30 11:07:19 PM  
Why are people being such dicks about this?
 
2012-12-30 11:11:06 PM  
Dem guns, dem guns, dem - lovely guns
Dem guns, dem guns, dem - lovely guns
Dem guns, dem guns, dem - lovely guns
Now hear the word of the Lord

The first gun makes me wanna - nother gun
The first gun makes me wanna - nother gun
The first gun makes me wanna - nother gun
Now hear the word of the Lord
 
2012-12-30 11:17:24 PM  
Given the way the rhetoric about proposed bans is going, the only way I can see this buying frenzy working out for anybody is if it's a quick flip where you buy early, hold until the day before Congress votes down a ban and sell for a profit. Buying a gun for a stupid price that you're about to have to register for an expensive fee seems dumb unless you REALLY want that gun. The worst case is after all that you end up with a lot of money tied up in guns you can't sell, trade, or even bequeath.

I have a Glock .40 with a 31 round mag I got very cheap in a trade a couple of months ago. The way things are going if I time it right I'll get a semester's tuition out of it.
 
MFK
2012-12-30 11:28:46 PM  

jpo2269: 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.


no shiat. If this is the worst thing you have to deal with, then what the hell do you need 3 carbines for?

Oh right. To overthrow the government.
 
2012-12-30 11:34:26 PM  

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


it's been 40 years since i took that but i don't remember it that way. dick's has a contractual obligation to provide a specific (easily obtainable) good. they can't just say: "piss off here's your money back".
 
2012-12-30 11:34:36 PM  
TFA and some of the comments here read like a Consumerist post.
 
2012-12-30 11:40:36 PM  

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

it's been 40 years since i took that but i don't remember it that way. dick's has a contractual obligation to provide a specific (easily obtainable) good. they can't just say: "piss off here's your money back".


If the terms of the contract are goods in exchange for monetary compensation, yea they really can. If the fire-arm had been available at the time of purchase (it sounds like they were taking rain checks for a future in-stock item not taking a custom order) they would have simply exchanged the good for the monetary compensation. Since they did not have the fire-arm (it sounds like he was able to get 1 at the time of purchase) they offered him a rain check, or reservation on a future item that would be in stock. Since it is no longer in stock and since Dick's seems to be serious about no longer selling fire-arms all they have to do is refund his original money and send him on his way.
 
2012-12-30 11:43:26 PM  

jake_lex: OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion while eating chicken sandwiches and doing a little scrapbooking maintenance on the firing range, right?


ftf...

/the perfect Sunday
 
2012-12-30 11:46:35 PM  

John Buck 41: Who the fark buys a gun at Dick's?


People that saw a $300 off sale? I guess?
 
2012-12-30 11:57:20 PM  

DarkSoulNoHope: The only damage that was done in this case is the gun manufacturer lost money, these people have no leg to stand on (or it got shot off).


IDK that Troy suffered damages.  The guns that it agreed to sell to Dick's for $X are now worth 2X or more.  If Troy can get out of this exclusive deal with Dick's then it will make a shiatload more money.  Dick's seems to be in breach of the contract.  I'd bet Troy's phone is ringing off its hook with dealers willing to take those guns.
 
2012-12-30 11:57:41 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.

In any case, sure it's frustrating for buyers, but they've been dealt with fairly. Take your $100 gift card and move on to something more important to whine about.



I read they pulled everything out of their stores. Firearms, BB guns, Airsoft. I'm wondering if one of their stores sold the ARs that have been used in the latest shootings.

The gun shop I used to go to back home sold 100 ARs in a day.

That's right... one hundred.
 
2012-12-31 12:06:13 AM  

zamboni: 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.


I'm not even asking for more laws, just some introspection. The NRA should be telling their members to calm the fark down every time they run on guns and ammunition and they should either STFU or give a statement of actual substance when something like Sandy Hook happens. The government wouldn't have to step in so much if these farktards would exercise a little bit of self-control.
 
2012-12-31 12:06:29 AM  

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

it's been 40 years since i took that but i don't remember it that way. dick's has a contractual obligation to provide a specific (easily obtainable) good. they can't just say: "piss off here's your money back".


It's been WAY less than 40 years since I took contract law, and of course they can, per the terms of the contract. The contract you enter into when ordering an out-of-stock item ALWAYS outlines what will happen if the retailer fails to get you your item -- and that is ALWAYS to refund your money, with no additional compensation due. That's the contract. It's on your receipt. You signed it. Similarly, the contract usually includes a "not for resale" clause, so your ability to profit by reselling the item doesn't come into play.

Moreover, failure to deliver a good or service is incredibly simple case law. There was no fraud, as the retailer DID intend to deliver the good at the time the order was taken. They later changed their mind. (They can do that. They have no obligation at all to tell you why they aren't filling your order.) Again, all you would be entitled to is a refund of your money.

Also, the whole "they had my money" nonsense is either consumer confusion (very common) or someone who enjoys making really large purchases (that they won't receive until some future date) by cash or check. Every major credit card issuer now requires that retailers not charge credit cards for ordered items until they ship the item. They run the card when you place your order, make sure there is enough available credit to cover the purchase, and place a "hold" on the estimated total of the transaction. You sign, get a receipt, etc, but the money doesn't actually go from your credit card company to the retailer until the item ships.

Finally, a retail gun purchase isn't an investment. Although if gun owners all wanted to start paying capital gains taxes on their arsenals, I suppose we could discuss it. In the meantime, though, the rules that govern investment transactions don't apply.
 
2012-12-31 12:07:56 AM  

MarkEC: Ed_Severson: I can understand being frustrated that the sale didn't go through, but what in the world could you possibly sue them for?

The sale did go through. The Customer was out the money, and it was deposited in Dick's account. Once a retailer charges your card, they are bound by contract to deliver the goods you just paid for. If they cancel due to arbitrary reasons, you can sue.


The contract for purchasing something goes like this: You give me the item, I'll give you the money. If you cannot give me the item, I'm not going to pay you. If I have already paid you, you owe me the money back. You don't owe me anything else, unless specified by the contract. You could say, "I don't want to sell it anymore, sorry." or "I don't have any left in stock, sorry." and you'd be clear. The only grey area would be "I sold it to someone else earlier for more money." at which point you'd be on the table for negotiating a contract in bad faith, and/or false advertising.

Dick's has done neither. They have supply problems with some guns at the moment, either by choice or by force. Sometimes suppliers drop vendors if the vendor gets all uppity about things because it's too much hassle.
 
2012-12-31 12:11:10 AM  

Griswold: "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.


If not for Google, I'd say that was Peppermint Patty.
 
2012-12-31 12:18:24 AM  

Curious: dick's has a contractual obligation to provide a specific (easily obtainable) good. they can't just say: "piss off here's your money back".


Sure they can. Maybe they shouldn't, but they can.

You could draft a sales contract that had all sorts of razor-sharp penalty clauses, and then they'd be in trouble if they signed it. But obviously that's not what happened here. To the contrary, I bet somewhere on their website there's a whole page of legalese redundantly reasserting all the relevant parts of the UCC that let them hold on to your money for a little while before telling you, at their exclusive option, to piss off and accept a refund.
 
2012-12-31 12:18:30 AM  

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

it's been 40 years since i took that but i don't remember it that way. dick's has a contractual obligation to provide a specific (easily obtainable) good. they can't just say: "piss off here's your money back".

It's been WAY less than 40 years since I took contract law, and of course they can, per the terms of the contract. The contract you enter into when ordering an out-of-stock item ALWAYS outlines what will happen if the retailer fails to get you your item -- and that is ALWAYS to refund your money, with no additional compensation due. That's the contract. It's on your receipt. You signed it. Similarly, the contract usually includes a "not for resale" clause, so your ability to profit by reselling the item doesn't come into play.

Moreover, failure to deliver a good or service is incredibly simple case law. There was no fraud, as the retailer DID intend to deliver the good at the time the order was taken. They later changed their mind. (They can do that. They have no obligation at all to tell you why they aren't filling your order.) Again, all you would be entitled to is a refund of your money.

Also, the whole "they had my money" nonsense is either consumer confusion (very common) or someone who enjoys making really large purchases (that they won't receive until some future date) by cash or check. Every major credit card issuer now requires that retailers not charge credit cards for ordered items until they ship the item. They run the card when you place your order, make sure there is enough available credit to cover the purchase, and place a "hold" on the estimated total of the transaction. You sign, get a receipt, etc, but the money doesn't actually go from your credit card company to the retailer until the item ships.

Finally, a retail gun purchase isn't an investment. Although if gun owners all wanted ...


Thank you, someone who gets it.
 
2012-12-31 12:25:22 AM  

zamboni: i thought it would be cool to put out a female employee swimsuit calendar.

I'd call it "Chicks with Dick's"

WHAT‽‽‽‽


You DO know, don't you, that Dick's Sporting Goods was originally named Chick's Sporting Goods? Seriously. I always thought that the name change was... a bit strange.
 
2012-12-31 12:26:07 AM  

Dougie AXP: yea they really can.


JadedRaverLA: and of course they can


Hrist: The contract for purchasing something goes like this:


you guys all seem to have a different opinion than me and make a good case for it/them so i'll bow out.
 
2012-12-31 12:31:58 AM  

semiotix: Sure they can. Maybe they shouldn't, but they can.


i'll add you to the list of folks who took exception to my thinking here :) you win.

i was taught what we all know about all that tiny print, back of the ticket crap that clicking the "i agree" box is supposed to solve. it sucks and i personally doubt that, given the right case and enough money, it would hold up. but lord knows i may well be wrong so please don't you all point it out again.
 
2012-12-31 12:34:50 AM  
don't know about Dick's, but the "sporting goods" place near where I work had a bunch of H&K MP5s(9mm), they disappeared off the shelves in short order. Was thinking about grabbing one, but I spent too much on others this season. Going to wait until the fervor is over, then order one.

/what is an MP5 doing in a "sporting goods" place, anyway?
//don't really care, it is an investment, as the price can do nothing but go up
///that last was a troll
 
2012-12-31 12:36:16 AM  

Curious: Dougie AXP: yea they really can.

JadedRaverLA: and of course they can

Hrist: The contract for purchasing something goes like this:

you guys all seem to have a different opinion than me and make a good case for it/them so i'll bow out.


No worries man. I even broke out my contract law text books just to make sure but JadedRaverLA beat me to it and explained it better than I did (hence why I'm not a lawyer, took contract law for the hell of it).

It really does boil down to what's on the back of the receipt. I even brought up Dick's website and read the legalese. Unfortunately, the legalese on the website is about the use of the website not really the contract agreements between you and Dick's.

I bet though if you order something you'd get a nice list on your receipt. Same thing with the actual receipt. I've bought some things there and know the back of the receipt has a TON of text on it and while I've never read it, I'm sure it covers your rights/responsibilities/terms of the contract.
 
2012-12-31 12:38:20 AM  

Sultan Of Herf: StinkyFiddlewinks: You don't need 3 carbines you piece of shiat.

Id bet they are trying to capitalize on the rush. Buy now at the current (and increasing) price, wait a couple months and sell for even higher.

Right now im sitting on a DTI AR-15, bought it earlier in the year, havent had a chance to get to the range with it, so its basically brand new...Im torn between keeping it (as a ban would prevent buying one in the future) and selling it to make a nice profit.


My brother picked me up a new AR-15 out of Texas last week for $749. A guy offered him $1300 for it before I even saw it & he didn't sell it. I would've gladly took the tidy profit instead.
/owns several firearms already
 
2012-12-31 01:17:14 AM  

Dougie AXP: I've bought some things there and know the back of the receipt has a TON of text on it and while I've never read it,


my UCC teacher said that, in a case re a parking lot ticket, that stuff on the back didn't count unless they made you read it. and could substantiate that. hence my comment about the TOS check box.

and i took the UCC course for giggles too. anyway thanks for playing.
 
2012-12-31 01:21:03 AM  

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

/ Really? I'm the first to invoke Team America?
// Fark, I am disappoint


I understand it. This is a new age Farklibtard topic, so instead of being good Farkers, and creating posts that made Fark Fark, they're spending their valuable time carrying the puke buckets for the puke spewing DC progressives.

/+1 for you, sir.
 
2012-12-31 02:43:43 AM  
Maaaaaybe....
 
2012-12-31 03:02:52 AM  

machodonkeywrestler: Mrbogey: wyltoknow: What damages?

The cost for the person to fulfill the order that Dick's unilaterally terminated has now gone up by several hundred dollars.

If I enter into a contract to buy gold for you at $1500 and after the price of gold goes up several hundred dollars I send you a check to refund your money along with an apology about how I got out of the gold buying business and can't complete your order, you'd be pissed at losing out at entering at the low price point as now it'll cost you more.

So right now the AR-15 buyers are looking at several hundred dollars needed to make them whole. If there hadn't been a rush nationally, yea, no damages. But they can't find any AR-15 for 700$ much less the 800$ Dick's offered in total refund.

You may not like the argument but it's up to the courts to decide.

They have, and in they decided that there are no damages.


There were negative $100 in damages.

I hope they do sue, and then the "triple damages" clause goes into effect somehow, and they are obligated to pay DSG $300.
 
2012-12-31 03:16:09 AM  

dahmers love zombie: I got my Mossberg 715t about an hour before they took them off the shelves.  Went back a few days later to get a Rem 597, and they'd not only removed all of their "scary-looking" guns, they took all of the mags off of the shelves and even removed the pages from their catalog that listed them.  I was trying to see if I could special order a target gun, but since the listing was on the same catalog PAGE as an AR-frame rifle, they couldn't order it at all.


597 is pretty common. I got mine at Wallyworld. There's not a lot of aftermarket parts for it like the Ruger 10/22, but I *highly* remcommend buying a replacement hammer from Volquartsen. It will cut the trigger pull weight in half.
 
2012-12-31 05:05:50 AM  

duffblue: I always thought it would be cool to open a store next to Dick's called Pussies, and it wouldn't sell sporting goods...it would be, you know, dicks.


would be a great name for them to open a franchise of gun stores under.
 
2012-12-31 07:27:12 AM  

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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?


Nope, cause it -would- infringe on the owners religion. Don't forget the "or practice the free exercise thereof."

As far as Dick's, this isn't a 2nd Amendment case... this is simply taking in too many orders, and not finishing the deal. They should be required to refund the money if they haven't already.
 
2012-12-31 07:56:30 AM  

People_are_Idiots: 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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

Nope, cause it -would- infringe on the owners religion. Don't forget the "or practice the free exercise thereof."


...and Dick's doesn't have to sell you a gun. Nor is it obligated to compensate you further than what you put into an agreement if they decide to end the agreement lawfully (which they did, plus a gift card).

Farker Soze: Troy Industries has some nice but inexpensive rifles they sold through Dick's (exclusive distributor). Troy has the rifles ready to ship, but Dick's isn't taking them, even to fulfill backorders. Sure, they're giving the customers refunds plus $100, but these rifles are worth a lot more than that $100 now everyone's in panic mode. I'd be pissed too. Picture placing a bid for a futures commodity, and the price unexpectedly shoots way up, then the contractee refuses to ship, but here's your capital back and a few extra bucks. Hey, why the biatching? It's sort of like that.


...and more than likely, the futures trader would have already traded the future and taken the profit by the time the product ships. Which is the primary reason for commodity bubbles. But even if it didn't, giving a buyer back his investment plus a few extra bucks is enough, and they're not obligated to compensate him further, even if he can still buy that commodity elsewhere for an inflated price. It also doesn't matter whether said shipper was unwilling to ship or unable to ship, as long as the buyer is recompensed.
 
2012-12-31 08:06:04 AM  
If Dick's is the sole distributor of that particular rifle, as claimed by Troy's CEO, then doesn't that undermine the argument of the customer that he was damaged since "the guns have doubled and tripled in price now"? Since the MSRP for the rifle would be set by agreement between the manufacturer and the distributor?

Private Reseller prices would follow market demand in the same manner as brand new Nike's, Iphones, game consoles, and other popular items. And could run afoul out reseller agreements if the guns were originally purchased from Dick's.

Gun Shops that sell the rifle at a higher price are either acting in the role of a reseller, or as an unauthorized distributor. If the former, see above. If the latter, they run the risk of having Dick's or Troy come after them if their rate of sales becomes too noticeable to conveniently ignore; at least until the exclusive agreement is officially voided.

Troy is probably seeking other distributors for when the media coverage of Sandy Hook blows over, since this offers them an easy out of their exclusive contract with Dick's. And assuming the BF sale price was still enough to allow Dick's a profit, they would even be in good stead to figure out some way if contacting the customers who could perhaps show a cancelled receipt of purchase and offering them the sale price thru the new distributor as a goodwill (shut up and give us your money) effort.
 
2012-12-31 08:30:14 AM  
I see what you did there. +1 subby
 
2012-12-31 09:58:20 AM  

TuteTibiImperes: FTA:

"The guns have doubled and tripled in price now. So it's not like we can get our money back and buy the guns someplace else."

Or, you could just wait a couple months until demand returns back to normal and buy it somewhere for a reasonable price.

This was sort of a dick move though:

Troy's CEO says the company invested millions of dollars into its operations after selecting Dick's as the sole distributor of this particular rifle.

Sucks for the company, though I'd assume that there should be some way out of any exclusivity contract they signed with Dick's if Dick's no longer sells the gun.


Actually I think that when all is said and done it will have worked out quite well for troy. instead of selling the several 100,000 units slated for production at just above cost through dicks they can sell the same number of units now during the full swing of the panic buying at 2 to 3 times cost through any of the other dozens of national or thousands and thousands of local dealers. I'm going to see if my independently owned sporting good store can order 1 from troy for me
 
2012-12-31 10:45:19 AM  

IlGreven: People_are_Idiots: 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!

OK, then, Hobby Lobby and Chic-Fil-A should be forced to open on Sunday because the First Amendment protects my right to not practice a religion, right?

Nope, cause it -would- infringe on the owners religion. Don't forget the "or practice the free exercise thereof."

...and Dick's doesn't have to sell you a gun. Nor is it obligated to compensate you further than what you put into an agreement if they decide to end the agreement lawfully (which they did, plus a gift card).


Oh I agree on that. As long as they gave the money they took back in exchange for the product (or even better, a product of equal value), I have no issues. It is a Dick move (get it?) but is completely legal to take money for a product, and when the manufacturer fails to provide the product (for one reason or another), refund the price paid for the product.

/loves to exchange vs refund when possible.
//obligatory:

www.immortalmusic.net
 
2012-12-31 01:08:36 PM  
Going by this one article, this couple is just butt hurt for not being able to resale the guns for "double or triple" the price of what they originally bought it.

1) if the gun is being sold exclusively at Dick's then you are not able to buy it else where (unless you buy it from a reseller)
2) they bought three of them for black friday and there are only two of them mentioned (no mention of presents for kids, etc)
3) they already received one of their guns (they needed two more)
4) no mention that the couple repeatedly called Dick's asking wtf their guns were

Yes, what Dick's did was um...jerkish and they should have fullfilled their orders before shutting down their gun shop. Plus giving them a gift certificate to their store when there is an extremely good chance this couple will never shop there again is a move that really makes my blood pressure rise. However, they got their refund. Sucks to be yinz unfortunately.
 
2012-12-31 01:18:34 PM  
if i went to walmart on black friday and they only had 2 of the 3 identical toasters i wanted, paid for all 3, went back the following week and was told they were not carrying that model anymore, refunded my money and gave me a gift card for my trouble, would this be a lawsuit? or anything anyone could possibly care about. but hey, the 2nd ammed. doesnt say i have a right to as many assault toasters as i want.
 
2012-12-31 07:02:06 PM  

bigbobowski: if i went to walmart on black friday and they only had 2 of the 3 identical toasters i wanted, paid for all 3, went back the following week and was told they were not carrying that model anymore, refunded my money and gave me a gift card for my trouble, would this be a lawsuit? or anything anyone could possibly care about. but hey, the 2nd ammed. doesnt say i have a right to as many assault toasters as i want.


i.imgur.com
 
2012-12-31 09:11:48 PM  

bigbobowski: if i went to walmart on black friday and they only had 2 of the 3 identical toasters i wanted, paid for all 3, went back the following week and was told they were not carrying that model anymore, refunded my money and gave me a gift card for my trouble, would this be a lawsuit? or anything anyone could possibly care about. but hey, the 2nd ammed. doesnt say i have a right to as many assault toasters as i want.


Well if the toasters were collectible and you just realized you got shafted out of a few thousand dollars in windfall then: yes, yes you would file a lawsuit. People have successfully sued businesses for less.

Would others care?
Depends on if they are into collecting toasters.

If we were talking furbies or the latest game console, people would be more than angry about getting a coupon for Christmas.
 
2012-12-31 11:54:56 PM  

IrateShadow: All this arguing going on in the thread and no one has touched on the fact that every complained ordered multiple guns? I understand collecting, but what the fark do you need 3 of the same rifle for?


2.bp.blogspot.com
 
2013-01-01 05:05:37 AM  

drmda: HoratioGates: If sane gun owners want to keep their guns they need to help us get the guns out of their nutjob friends' hands. Several of my friends have guns. Of the eight that pop in my head first, five absolutely shouldn't have them

HoratioG., what are you doing to get these guns out of YOUR nutjob friends' hands?


We explained the NYS handgun laws very carefully to our friend with the unlicensed handgun and he got rid of it although he wasn't clear on how. He still owns other guns. (We offered to get him pepper spray as an alternative to the handgun). The diagnosed bipolar actually had her guns removed from the house (there were minors there). The schizophrenic, as I said, turned his guns over. The horder's wife has at least made him get a gun safe. The undiagnosed bipolar still has his guns. There isn't anything I can do about it. My gold hoarding friend still has his too, although I've debated him over it a lot.

I've made arguments using statistics. I thought I'd go more personal this time. Think through your list of friends with guns. How many of them keep their guns under lock and key? How many have erratic behavior? How many of them drink and shoot, or shoot in areas they shouldn't?
 
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  1. Links are submitted by members of the Fark community.

  2. When community members submit a link, they also write a custom headline for the story.

  3. Other Farkers comment on the links. This is the number of comments. Click here to read them.

  4. Click here to submit a link.

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