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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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24966 clicks; posted to Main » on 30 Dec 2012 at 7:08 PM (4 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



215 Comments     (+0 »)
 
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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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