I feel it necessary to respond to this issue at this point in time. I do
not know Debbie, nor have I communicated with her in any way and I do not
intend to do so regarding this issue. I try to never judge a company or
person before hearing BOTH sides of the story. However, since you felt it
necessary to weigh-in on Debbie's email. I will now act as judge on what
appears to be the facts.
I do not know what country either your company or Debbie are operating in,
however I can only quote United States UCC (Uniform Commercial Code) which
applies to ALL transactions in ALL states, whether by private parties or
public businesses.
Only Three things must exists for a legal contract to exist:
1 - An Offer
Debbie's submission of her $100 bid to your system.
2 - Acceptance
Your email back to Debbie stating that her offer had been accepted
3 - Consideration
When Debbie provided her credit card number to the Pay system, it is
legally the same as placing cash in the hand of one of your company's
employees.
Based on the evidence above, you both continue to have a legally binding
contract and in addition, you both have written evidence of that contract
(in other words, not a verbal contract) which makes the case very strong.
I am not a lawyer and this is based on my personal understanding of the
law.
If both parties operate in the United States, your company not only made a
very poor decision by not fulfilling your obligation to Debbie, you have
also broken US commercial tort law.
John Squeo
"Robert
Davie"
cc:
Sent by: Subject: Re: Word of Caution
[7:23363]
nobody@groupst
udy.com
10/18/01
10:43
AM
Please
respond
to
"Robert
Davie"
I would like to respond to a message (below) that went out over a
GroupStudy
mailing list regarding our company.
When our system is functioning properly (99%) we have two mechanisms that
work that were not working when Debbie placed her order:
1.. A guard against low-ball offers for items that have sale prices.
This
guard prevents offers of less than 80% of the sale price. (Debbie's offer
was $100 for a $600 item.)
2.. Order Acceptance. This was malfunctioning and accepting orders that
were being declined.
After explaining this to Debbie, who appears to be a very knowledgeable and
market savvy person, we felt that the system malfunction would garner her
understanding.
She threatened to send out an email to the GroupStudy mailing list if we
did
not fulfill the order, and we indicated that we would respond to her email
message.
Having been in sales all my life and career and with happy customers
ranging
from AT&T to Sun Microsystems, I feel this is a very unfortunate
occurrence.
Robert Davie
EVP
Ph: 919-388-9993 x3102
Fax: 919-388-9992
ITParade.com, Inc.
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On Behalf Of
Debbie Westall
Sent: Wednesday, October 17, 2001 9:08 AM
To: [EMAIL PROTECTED]
Subject: OT: A Word of Caution about Vendor [7:23244]
Greetings,
I wanted to give everyone a heads-up on the list about
a vendor I recently dealt with over the Internet.
The web site is www.itparade.com.
They are a site that acts as a "middleman" for sellers
of equipment.
Last week I put an offer on a router (2501). I admit
the offer was very low, but I had never used this site
so I figured "why not". A couple of hours later I
received an email from them saying that my offer was
accepted by the seller and I was to log on to another
site to make payment arrangements. I logged into
PitNeyPay.com to add my credit card info as requested.
The next day I received a phone call from a person at
itparade, saying they have pulled my offer, that the
seller actually rejected my offer but itparade's web
site was "broken" so the email went out incorrectly.
The person at itparade, also mentioned that the seller
would be more than happy to sell me that piece of
equipment for 600.00 rather than my offer. Which would
have been more than double my initial offer. Needless
to say, I rejected that.
I spoke to the Executive VP and the CEO of the company
to no avail. They will not stand behind the email that
came to me that my offer was accepted.
Just wanted to give everyone a heads-up to STAY AWAY
from this site. If it sounds to good to be true, it
probably is......
Has anyone used them before or heard of them.
Thanks
Debbie
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Message Posted at:
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