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(CBS Dallas/Ft. Worth)   Did you get f*cked by Dick's?   (dfw.cbslocal.com) divider line 60
    More: Asinine, Dick's Sporting Goods, sports equipment, automatic rifles, Flower Mound, Russell Kellner  
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24926 clicks; posted to Main » on 30 Dec 2012 at 7:08 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



Voting Results (Smartest)
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Archived thread
2012-12-30 07:15:30 PM  
4 votes:
Dick's gave them a full refund plus $100 gift card? The monsters!
2012-12-30 05:47:40 PM  
4 votes:
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 08:03:20 PM  
3 votes:
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 07:57:36 PM  
3 votes:

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 07:24:31 PM  
3 votes:

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 07:21:57 PM  
3 votes:
static.guim.co.uk

VERY SCARY!!!

kittypackard.files.wordpress.com

Not so scary.

Same dude, different makeup.

/Damn, people are gullible
2012-12-31 12:06:29 AM  
2 votes:

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.
2012-12-30 09:17:00 PM  
2 votes:
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 08:31:16 PM  
2 votes:

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 08:29:45 PM  
2 votes:

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 08:23:33 PM  
2 votes:

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


No one cares.
2012-12-30 08:03:03 PM  
2 votes:
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 07:53:25 PM  
2 votes:

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 07:52:22 PM  
2 votes:

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 07:43:30 PM  
2 votes:
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 07:33:28 PM  
2 votes:

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 07:26:11 PM  
2 votes:

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 07:25:02 PM  
2 votes:

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 07:24:12 PM  
2 votes:
Dear internet lawyers: The customer has no damages in the eyes of the law, so there can be no successful suit.
2012-12-30 07:19:55 PM  
2 votes:
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 07:19:33 PM  
2 votes:
headline of the year.
2012-12-30 07:19:05 PM  
2 votes:
Blackall says, "It's unacceptable."

You got a full refund plus a $100 gift card, you poor baby.
2012-12-30 07:16:39 PM  
2 votes:
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 07:12:43 PM  
2 votes:

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 06:33:01 PM  
2 votes:
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 06:31:45 PM  
2 votes:
Someone might be looking down the barrel of a very expensive lawsuit soon.
2012-12-31 12:25:22 AM  
1 votes:

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 12:07:56 AM  
1 votes:

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.
2012-12-30 11:57:20 PM  
1 votes:

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 11:17:24 PM  
1 votes:
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.
2012-12-30 10:37:25 PM  
1 votes:

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 10:23:49 PM  
1 votes:

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 09:38:22 PM  
1 votes:

GonadtheBarbarian: I love Dicks


Thanks for the laugh in this oh so boring thread.
2012-12-30 09:24:44 PM  
1 votes:
I love Dicks
2012-12-30 09:24:42 PM  
1 votes:

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 09:04:16 PM  
1 votes:

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 08:48:22 PM  
1 votes:

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 08:46:18 PM  
1 votes:
www.bbspot.com

/ Really? I'm the first to invoke Team America?
// Fark, I am disappoint
2012-12-30 08:30:40 PM  
1 votes:

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 08:28:52 PM  
1 votes:

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 08:27:11 PM  
1 votes:

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 08:17:52 PM  
1 votes:

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 08:12:26 PM  
1 votes:
Stop whining.
2012-12-30 08:09:41 PM  
1 votes:

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 08:08:41 PM  
1 votes:
You don't need 3 carbines you piece of shiat.
2012-12-30 08:02:57 PM  
1 votes:

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 08:02:44 PM  
1 votes:
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 08:01:29 PM  
1 votes:

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 07:54:02 PM  
1 votes:

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 07:46:58 PM  
1 votes:

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 07:46:24 PM  
1 votes:

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 07:30:26 PM  
1 votes:
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 07:27:16 PM  
1 votes:

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 07:26:51 PM  
1 votes:

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 07:24:05 PM  
1 votes:
Jesus, whine some more, assholes.
2012-12-30 07:23:13 PM  
1 votes:
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 07:20:18 PM  
1 votes:

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 07:19:40 PM  
1 votes:

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 07:17:59 PM  
1 votes:

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 07:13:12 PM  
1 votes:

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
 
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