PDA

View Full Version : Just a thought...caan they do this?


maracz
May 7, 2003, 05:40 PM
On Thursday I went and handed in my eMac and $280 to trade it in for a new iBook. They gave me an invoice for the iBook purchase. (Note: It said that the eMac will need to be inspected before iBook is picked up on the invoice if that means anything). Well yesturday they arrived and I wanted to get my Ibook but they told me that the eMac value has dropped since the new eMacs came out and said I can either pay an extra $115 or I can take my eMac and my money back. I payed, but I was wondering wether it was ethical or legal for them to cancel the invoice and charge me more money when the invoice said that I had bought the machine for the eMac and $280.





Just a note: These are Canadian prices, don't freak out and tell me I'm crazzy or anything.

SoonToGetAMac
May 7, 2003, 05:58 PM
Originally posted by maracz
On Thursday I went and handed in my eMac and $280 to trade it in for a new iBook. They gave me an invoice for the iBook purchase. (Note: It said that the eMac will need to be inspected before iBook is picked up on the invoice if that means anything). Well yesturday they arrived and I wanted to get my Ibook but they told me that the eMac value has dropped since the new eMacs came out and said I can either pay an extra $115 or I can take my eMac and my money back. I payed, but I was wondering wether it was ethical or legal for them to cancel the invoice and charge me more money when the invoice said that I had bought the machine for the eMac and $280.





Just a note: These are Canadian prices, don't freak out and tell me I'm crazzy or anything.

You were given an invoice, and were offered a price for the emac. The invoice told you the price you would get. You paid what you owed for the iBook. If this is correct, then I think they are required by law to keep the price offered, if it was printed on an invoice.

uhlawboi80
May 7, 2003, 06:39 PM
contract was completed, they had assumed the risk of loss by giving you an invoice and taking possesion of the eMac.

Any first year law student with a copy of the UCC could tell you that what they did wasnt legal.

MrMacMan
May 7, 2003, 06:57 PM
Tell them it would be a breach of contract if they didn't give you the money it said on the invoice.

If you signed it and they signed it, its a contract and if they don't pay, they are at fault. You don't get cheated.

maracz
May 7, 2003, 07:13 PM
Originally posted by MrMacman
Tell them it would be a breach of contract if they didn't give you the money it said on the invoice.

If you signed it and they signed it, its a contract and if they don't pay, they are at fault. You don't get cheated.

I don't have the invoice anymore. Is that a problem? It should still be in the database right? Do you think that I should call the better bussiness bureu and ask about it?

SoonToGetAMac
May 7, 2003, 07:57 PM
I'm not a law student or anything, but I think that you most likely don't have any (or very little) legal recourse, if you have no proof of the contract. Do you have a repeipt for the money you have paid so far? Also, for the future, you most likely shouldn't pay in advance, and definately keep the invoice.

iJon
May 7, 2003, 08:00 PM
Originally posted by maracz
I don't have the invoice anymore. Is that a problem? It should still be in the database right? Do you think that I should call the better bussiness bureu and ask about it?
well yeah thats a big problem, know you have no proof, and if its in the database it probably doenst have your signature (that is if its a computer reciept). really this boils down if these guys are jerks or not. go try your chances with them, but before go consult with a lawyer instead of us macrumors people, a lawyer will no better. wouldnt a lawyer probably be more to hire then how much you payed extra?

iJon

maracz
May 7, 2003, 08:06 PM
Originally posted by iJon
well yeah thats a big problem, know you have no proof, and if its in the database it probably doenst have your signature (that is if its a computer reciept). really this boils down if these guys are jerks or not. go try your chances with them, but before go consult with a lawyer instead of us macrumors people, a lawyer will no better. wouldnt a lawyer probably be more to hire then how much you payed extra?

iJon

I would not take legal actiosn even if I could. Just want to knwo if what they did was ok or not before I complained.

But the invoice was never signed. That reseller doesn't have signitures on any of the invoices. And I don't have it anymore. But he knows that I had it, so it's not really a question of wether I could proove that they did something wrong. Just a matter of wether it was ok or not.

iJon
May 7, 2003, 08:10 PM
Originally posted by maracz
I would not take legal actiosn even if I could. Just want to knwo if what they did was ok or not before I complained.

But the invoice was never signed. That reseller doesn't have signitures on any of the invoices. And I don't have it anymore. But he knows that I had it, so it's not really a question of wether I could proove that they did something wrong. Just a matter of wether it was ok or not.
ahi see, well with no signatures and stuff i dont know if its legal or not, probably not ethical though.

iJon

uhlawboi80
May 7, 2003, 10:02 PM
well it probably wouldnt be too useful to file any kind of charges, but yes, what he did was wrong. You can feel free to consult a lawyer, but im a 3L and i'm the contract law tutor at the school ...so trust me, what they did was not legal (at least by US standards, and canada isnt THAT different).

so i would still go complain and tell them what they did was wrong. They cant unilaterally change the terms of a contract like that. Though again, it would probably be alot of hassle with little return...which sucks.

Still never hurts to go in and give them a piece of your mind for screwing over customers like that. Its totally unethical and poor business practice. If nothing else, id at least file (and threaten them with it) a complaint with your equivelent of the Better Business Bureau. Its not alot, but its easy for you to do, and in some instances it can affect their businesses credit ratings if they get enough complaints.

Wyrm
May 7, 2003, 11:45 PM
Hmmm - sounds pretty fishy - but then if you bought this computer on Queen st in Toronto, I can't say this is uncommon - those guys are slugs.

If you deal with them next time, just sound mad that you got screwed out of $100 (loudly, so other potential customers can hear) - and maybe you might get a deal?

Otherwise consulting a lawyer, or complaining to the BBB sounds like a lot of hassle for 115 bucks, and in the end it will cause you more pain.

-Wyrm

LethalWolfe
May 8, 2003, 12:50 AM
W/o knowing all the "fine print" that was on the invoice (or posted in plain view at the store) it is impossible to know if it was legal or not. But on surface it sounds pretty shaddy.


Lethal

uhlawboi80
May 8, 2003, 03:48 PM
well its always true that you would have to read the fine print...they could easily have included a clause that allows them to adjust the price based on their resale value of the eMac

Wyrm: no one was suggesting he consult a lawyer, but making a complaint with the BBB isnt a hassle at all. Not sure if Canada HAS a BBB, but its not difficult to make a complaint to them.

Wyrm
May 8, 2003, 10:24 PM
Re: BBB
Yes, Canada has a Better Business Bureau.

Yes, it is easy to make a complaint to them.

You can actually do it online:
http://www.canadiancouncilbbb.ca/

If it were me I'd talk the business itself, "Hey, it was x and the eMac, that's what was agreed on - then you changed it to x+ and the eMac, what gives? I feel robbed.". If they don't behave themselves, then the BBB option is the way to go, but they might have an agreeable reason as to why.

-Wyrm