Travis Munday
Well-Known Member
Since I do'nt visit the EE site, where is that banner located? In a place where you'd be sure to see it? I think I'd put it on every page that had parts listings, home, and ordering pages, but that's me.
NOT HAPPY - I got this e-mail from Explorer Express today
- Thread starter Cory Richards
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Cory Richards
Active Member
To my knowledge, it is located at the top of the main page. I am e-mailing them right now to cancel my order.
This is the e-mail that I sent them:
This is the e-mail that I sent them:
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A K
Well-Known Member
We'll look at it from a very simplified legal standpoint. I'll stay out of the Uniform Commercial Code only because it complicates an otherwise simple idea.
Offer + Acceptance = Contract
The listing on their website served as an invitation to make an offer. You made the offer at the lower price. Although you probably received a confirmation, courts often hold that a mere automatic confirmation is mere notification that the offeree received your offer, and not that they accepted the offer.
EE's letter to you is a rejection and a counteroffer. Obviously, they aren't going to accept your offer at the lower price. Instead, they made a counteroffer (which is somewhat vague, nonetheless) and you now have the power of acceptance.
You can either accept their offer at a higher price, and form a contract, or you can reject their counteroffer and neither party is bound.
You mention deception. This could be an issue if they shipped the product and charged you more without asking you. However, there was never a contract here.
If someone else wants to get into the Uniform Commercial Code, feel free too. It's too late, and I'm too tired.
Also, from their order information page: "Price Changes
All prices in the catalog and this website are subject to change without notice. If a price has increased over that listed we will contact you for your instructions before processing your order."
I'm not saying you're wrong, just saying that there's nothing you can really do. I'd be bummed, too.
Offer + Acceptance = Contract
The listing on their website served as an invitation to make an offer. You made the offer at the lower price. Although you probably received a confirmation, courts often hold that a mere automatic confirmation is mere notification that the offeree received your offer, and not that they accepted the offer.
EE's letter to you is a rejection and a counteroffer. Obviously, they aren't going to accept your offer at the lower price. Instead, they made a counteroffer (which is somewhat vague, nonetheless) and you now have the power of acceptance.
You can either accept their offer at a higher price, and form a contract, or you can reject their counteroffer and neither party is bound.
You mention deception. This could be an issue if they shipped the product and charged you more without asking you. However, there was never a contract here.
If someone else wants to get into the Uniform Commercial Code, feel free too. It's too late, and I'm too tired.
Also, from their order information page: "Price Changes
All prices in the catalog and this website are subject to change without notice. If a price has increased over that listed we will contact you for your instructions before processing your order."
I'm not saying you're wrong, just saying that there's nothing you can really do. I'd be bummed, too.
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Travis Munday
Well-Known Member
I thought so, Adam, without ever actaully charging for the goods, it's still legal, just bad practice.
Cory Richards
Active Member
Adam, from a legal standpoint you are probably correct, and they are probably not in the wrong (legally).
But as Tiger mentioned, this doesn't seem like a good business practice whether you intentionally or unintentionally deceive someone.
Nevertheless, I appreciate everyone's feedback on this. I have found an alternative and look forward to recieving my exhaust soon and having it installed.
But as Tiger mentioned, this doesn't seem like a good business practice whether you intentionally or unintentionally deceive someone.
Nevertheless, I appreciate everyone's feedback on this. I have found an alternative and look forward to recieving my exhaust soon and having it installed.
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Josh Langel
Well-Known Member
EE seizes to amaze me.
They have in the past honored a price for me, but I have seen them do very unethical things to their "potential customers" (notice I used "potential").
Sending emails telling a person they have to get at least 5 people to order before they would honor the web site discount (not group buy price, myst.com $10 or off).
And now this? I understand they may need the money, but to email a customer who is obviously serious on buying and ask him if they can adjust the price since [they] were to lazy to fix the online price---- it's bs.
Sorry, but I have taken a lot of sacrifices when I managed the job I worked for... and EE needs to as well.
Hello and good-bye customer service.
They have in the past honored a price for me, but I have seen them do very unethical things to their "potential customers" (notice I used "potential").
Sending emails telling a person they have to get at least 5 people to order before they would honor the web site discount (not group buy price, myst.com $10 or off).
And now this? I understand they may need the money, but to email a customer who is obviously serious on buying and ask him if they can adjust the price since [they] were to lazy to fix the online price---- it's bs.
Sorry, but I have taken a lot of sacrifices when I managed the job I worked for... and EE needs to as well.
Hello and good-bye customer service.
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Josh Langel
Well-Known Member
Doesn't that banner say " 91 - 94 parts?"
Am I missing something... it doesn't even pertain to the ST..
Am I missing something... it doesn't even pertain to the ST..
Cory Richards
Active Member
Josh, it's the black box with the white text to the right that explains the pricing changes, product availability, etc.
Josh Langel
Well-Known Member
Right ... but there's the clue that they know that their prices are wrong on the site, but since they 'are too busy with revamping,' they don't update the current, usable site. Sorry, but I doubt a company would put out their latest catalogue with lower priced items JUST because there making a new one...
No excuses.. to throw out "the fine print" on a customer is the worse ... if that's the case, they can put whatever they want in that small, black and white banner ... not to mention it's within the same banner that says "40% off ... 91-94 parts...." That to me is deceiving... THEY need to put the disclaimer for their price adjustment on a separate, easy to spot banner...
No excuses.. to throw out "the fine print" on a customer is the worse ... if that's the case, they can put whatever they want in that small, black and white banner ... not to mention it's within the same banner that says "40% off ... 91-94 parts...." That to me is deceiving... THEY need to put the disclaimer for their price adjustment on a separate, easy to spot banner...
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Michael Cacioppo
Well-Known Member
Here's a stainless magnaflow setup with FREE shipping and $400 buy now.
Dale Carter
Active Member
Without the "disclaimer" banner, the "offer" is the web listing and the "acceptance" is a customer emailing and saying they want the part.
EddieS'04
In Memoriam 1950-2022
I would say they need to post the diclaimer banner on every page...When Iam shoping, I only read whats on the page I want, or the popup on the final order page.
Some commerce laws are different, state to state. Here in Texas I have gotten consumer goods at the advertised price despite writen or oral disclaimers...
Some commerce laws are different, state to state. Here in Texas I have gotten consumer goods at the advertised price despite writen or oral disclaimers...
Yardsale
Well-Known Member
Unless I read this incorrectly, the price on the web site is correct. It is the weight, used for the shipping cost that is in error.
In any event, it seems that there is someone at EE that can update the web site (that image block didn't just appear by itself). Adding an image isn't difficult, but it's more effort and skill than changing text (the weight).
From the tenor of this and the supercharger discussion, EE would do well to monitor customer satisfaction.
In any event, it seems that there is someone at EE that can update the web site (that image block didn't just appear by itself). Adding an image isn't difficult, but it's more effort and skill than changing text (the weight).
From the tenor of this and the supercharger discussion, EE would do well to monitor customer satisfaction.
Travis Munday
Well-Known Member
The price on the website is incorrect, by about $25. Add to that the $45 shipping fee and the cost of the exhuast is a bit more then elsewhere.
Gypsy me
Well-Known Member
:angry: ......I ain't saying a word....
Gavin Allan
Well-Known Member
Uh Adam, I believe you meant to say "Offer + Acceptace + Consideration = Contract"
Josh Langel
Well-Known Member
Your silence is enough, GM
Cory Richards
Active Member
Let's make things a little more complicated. I tried sending that e-mail two days ago and last night I got a "Delay Status Notification" from Hotmail stating that the e-mail I sent has been delayed, but I did not need to resend.
Well, I resent it anyway, because it was an important message and I wanted to make sure it got there. Today I get the same message for the resent e-mail..I wonder if their inbox is full?
Since I just got home from work and they will be closed until Monday most likely, I called and left them a message basically outlining what I stated in the e-mail. I can't blame anyone directly for my e-mail trouble, but if this bull with the price change never came about, I wouldn't have to deal with this crap.
Well, I resent it anyway, because it was an important message and I wanted to make sure it got there. Today I get the same message for the resent e-mail..I wonder if their inbox is full?
Since I just got home from work and they will be closed until Monday most likely, I called and left them a message basically outlining what I stated in the e-mail. I can't blame anyone directly for my e-mail trouble, but if this bull with the price change never came about, I wouldn't have to deal with this crap.
Ethan X
Member
It would be nice for the owners of EE to come here and give their side of the story. I'll also be looking elsewhere for parts in the future.
Gypsy me
Well-Known Member
Mudd
