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Does this Adorama K-3 deal look too good to be true?
Posted By: IchabodCrane, 08-16-2014, 07:58 PM

Pentax K-3 Digital SLR Camera with DA 18-135 WR Lens With accessory Bundle 15530 KA
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08-17-2014, 12:25 PM   #46
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Helen, while I appreciate you taking your time to answer on forums on a Sunday, I do not appreciate the tone you are taking in your post. Mistake do happen in business and sometimes business own up to it despite costs associated with it. Clearly your company elected not to do so. Whether it is an honest mistake, typo would be considered a big screw up, especially in online retail.

Your initial confirmation with so called Sales Manager added more confusion since he changed his stance shortly afterwards. No need to get defensive about it.

08-17-2014, 12:26 PM   #47
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QuoteOriginally posted by Helen Oster Quote
No, the person typing up the listing mis-typed the line. How is that a 'really bad screw-up?

It's Sunday and people who aren't on the front line like me, are at home with their families; it's not always easy to pull someone away from their Sunday lunch to check out a possible error.




I have no idea how many orders may have been placed, but say it's 5,000. Multiply that by $500.

Do you honestly think that every order should be honored? Or just yours?
Wow, what a condescending response from someone representing a company that just made quite a big screw up. It may not be a big screw up to you, since you know it doesn't affect you personally and it's not your hard earned money at stake, but others have a different perspective.

Maybe it's unreasonable to say that if 5,000 people ordered this, that they all deserve the $500 lens just because of this mishap. However, isn't some sort of compensation appropriate given that most people on here have purchased thousands of dollars worth of equipment from you? Maybe an Adorama gift card thrown in as a bonus?

I understand that we're all humans and humans inevitably make mistakes, I get that. But at the same time, we should be held accountable for our mistakes, to a certain degree.

It certainly doesn't mean we should come onto this forum and start talking down to and belittling the customers.
08-17-2014, 12:37 PM   #48
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QuoteOriginally posted by Mikesul Quote
Helen,

Thank you for monitoring the forum and heading off more frustrated buyers. Adults understand that mistakes are made and do not insist on always getting what they want even if it causes harm to others. It was a careless mistake which should not have happened but it did and I hope most forum members will understand. Pentax users have only a few reliable retail resources in this country. Adorama has been one of them for a very long time. I shop more often with B&H but I remain ready to use Adorama when that works better. Let's let the thread drop and go on to discussing the cameras and lenses we love.

Mike Sullivan


Who is expected to be the "adult" here...Adorama and its employees who made the alleged "error" or the consumers who put their faith and money in Adorama's hands assuming they were getting a good deal? Some of you act like those who placed orders were intentionally seeking to harm the company, which is a disgusting and shortsighted assumption.


Ultimately, it's not entitlement that causes the frustration, it's trust. And whatever happened to "good business"?


I'm the most forgiving guy in the world...my wife would say to a fault. But, there are times when I have to put my foot down for my own sake and I certainly have a right to question the circumstances surrounding a situation as this. I passed up a great local deal on a K-3 and lens because I went for this bundle. Now I may be out both.


On a side note, I DO appreciate Helen entering the war zone and attempting to interface with affected and potential buyers to keep this issue from becoming bigger than it already is. Hopefully this situation will be resolved quickly and reasonably.
08-17-2014, 12:45 PM   #49
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$1196 is a lot of money, mine was on my Papal and made the decision easy, but I can image a lot of people went through all sorts of hoops to cough up the amount. It's unfortunate, very unfortunate duping (albeit unintentionally) 5000 people on a weekend.


Last edited by Mirton; 08-17-2014 at 01:01 PM.
08-17-2014, 01:04 PM   #50
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I purchased this combo kit last night. A deal is a deal. I will be very disappointed if Adorama does not honor it.
08-17-2014, 01:07 PM   #51
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QuoteOriginally posted by freerider Quote
I purchased this combo kit last night. A deal is a deal. I will be very disappointed if Adorama does not honor it.
From what Adorama rep is suggesting, they will NOT honor this deal my friend. 'Tis a shame.
08-17-2014, 01:15 PM   #52
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General contract principles apply here. Adorama clearly made an offer by posting the deal on its website. People accepted that offer by making the online purchase. There's clearly consideration as this is an exchange of goods for money. As far as I'm concerned, there's a binding contract in place. If Adorama doesn't honor the deal, it's in breach of that contract. Smells like a class action lawsuit to me.
08-17-2014, 01:21 PM   #53
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QuoteOriginally posted by hjkimbrian Quote
Helen, while I appreciate you taking your time to answer on forums on a Sunday, I do not appreciate the tone you are taking in your post. Mistake do happen in business and sometimes business own up to it despite costs associated with it. Clearly your company elected not to do so. Whether it is an honest mistake, typo would be considered a big screw up, especially in online retail.

Your initial confirmation with so called Sales Manager added more confusion since he changed his stance shortly afterwards. No need to get defensive about it.
I'm sorry you feel this way; it sounds as though you may have misinterpreted my response, for which I take full responsibility. Our sales manager didn't change his stance; he replied to me that the price was correct, which it was. I asked him if he could call the Purchasing Manager at home because of all the posts on here that this was such an amazing bargain, that it sounded, in my experience, and that something wasn't quite right.

The Purchasing Manager clarified that the person who had typed up the listing had clearly made an error, and every effort was made to get the listing removed as quickly as possible.

An official response will be going to everyone who placed an order, tomorrow, clarifying that this was a typographical error. It is regrettable that so many of our valued customers have been deeply disappointed and inconvenienced by this error.

Please be assured that the admin assistant responsible will be called to account first thing in the morning, and this matter will be dealt with according to our regular disciplinary procedures.

---------- Post added 08-17-14 at 03:31 PM ----------

QuoteOriginally posted by freerider Quote
General contract principles apply here. Adorama clearly made an offer by posting the deal on its website. People accepted that offer by making the online purchase. There's clearly consideration as this is an exchange of goods for money. As far as I'm concerned, there's a binding contract in place. If Adorama doesn't honor the deal, it's in breach of that contract. Smells like a class action lawsuit to me.
While I would dearly love to be able to agree with you that you are correct, and confirm that everyone who placed an order for this mis-priced item will be able to receive it at the price posted in error, no money has changed hands, therefore there is no contract.

Our terms and conditions state: Terms and Conditions


"Purchaser, by placing an order, makes an offer to purchase pursuant to these terms and conditions, which offer, if accepted by Adorama Camera, is accepted within the State of New York, and purchaser consents to the jurisdiction of the courts of the State of New York for the limited purpose of dispute arising between the parties resulting from this transaction and agrees that the laws of the State of New York shall apply.


Adorama.com is intended to be a guide only. Some item illustrations are for display purposes only, may not be exact, and are not necessarily included in the purchase price. Adorama is not responsible for typographical or pictorial errors, and specifications may change without notice.


We make every effort to provide you with an error-free Web site. However, in the event there is a misprint, we reserve the right to correct copy or pricing to reflect the actual current status.

Order confirmation given to you through Adorama Camera does not guarantee our acceptance of your order, nor does it constitute confirmation of an offer to sell. Adorama Camera reserves the right to decline and cancel an order, or supply less than quantity ordered at any time".

The law relatiing to errors in online pricing can be found here:

http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/354/vol1_no1_art2.pdf

In Back Issues | UW School of Law - LTA Journal see "Oops! The Legal Consequences Of and Solutions To Online Pricing Errors"

In brief: "When online retailers make honest, good-faith pricing mistakes that result in huge losses to the benefit of opportunistic online shoppers, their mistake could be grounds for rescinding the unfavorable contract under the doctrine of unilateral mistake.
One partyís mistake can make the contract voidable when the mistake concerns a basic assumption on which the contract was formed and has a material effect on the agreement that is adverse to that party.
In addition, the adversely affected party must establish that ... the effect of the mistake is such that enforcement of the contract would be unconscionable ... The adversely affected retailer must also show that enforcing the contract would be unconscionable ...
The contract, if enforced as formed, needs to cause hardship to the adversely affected party. Among other things, courts will consider whether the sale would cause the retailer a loss, rather than merely earn a diminished profit ...
Rescinding the contract is the only available remedy under unilateral mistake; it is not a basis for reformation ... the retailer must cancel the customerís order and re-offer the product at the actual price".

08-17-2014, 01:32 PM - 1 Like   #54
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QuoteOriginally posted by freerider Quote
General contract principles apply here. Adorama clearly made an offer by posting the deal on its website. People accepted that offer by making the online purchase. There's clearly consideration as this is an exchange of goods for money. As far as I'm concerned, there's a binding contract in place. If Adorama doesn't honor the deal, it's in breach of that contract. Smells like a class action lawsuit to me.
I don't think this is correct. There was a story (last year?) where United Airlines mistakenly offered some round trip flights for something like $20. They did not honor the tickets nor were they forced to. Instead, people got there money back and maybe with some extras... don't remember.
08-17-2014, 01:35 PM   #55
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QuoteOriginally posted by freerider Quote
I purchased this combo kit last night. A deal is a deal. I will be very disappointed if Adorama does not honor it.
Please accept my most sincere apologies for your deep disappointment. However, we will be unable to include a DA18-135 lens in the kit that was advertised in error.
08-17-2014, 01:37 PM   #56
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QuoteOriginally posted by Helen Oster Quote
I'm sorry you feel this way; it sounds as though you may have misinterpreted my response, for which I take full responsibility. Our sales manager didn't change his stance; he replied to me that the price was correct, which it was. I asked him if he could call the Purchasing Manager at home because of all the posts on here that this was such an amazing bargain, that it sounded, in my experience, and that something wasn't quite right.

The Purchasing Manager clarified that the person who had typed up the listing had clearly made an error, and every effort was made to get the listing removed as quickly as possible.

An official response will be going to everyone who placed an order, tomorrow, clarifying that this was a typographical error. It is regrettable that so many of our valued customers have been deeply disappointed and inconvenienced by this error.

Please be assured that the admin assistant responsible will be called to account first thing in the morning, and this matter will be dealt with according to our regular disciplinary procedures.

---------- Post added 08-17-14 at 03:31 PM ----------



While I would dearly love to be able to agree with you that you are correct, and confirm that everyone who placed an order for this mis-priced item will be able to receive it at the price posted in error, no money has changed hands, therefore there is no contract.

Our terms and conditions state: Terms and Conditions


"Purchaser, by placing an order, makes an offer to purchase pursuant to these terms and conditions, which offer, if accepted by Adorama Camera, is accepted within the State of New York, and purchaser consents to the jurisdiction of the courts of the State of New York for the limited purpose of dispute arising between the parties resulting from this transaction and agrees that the laws of the State of New York shall apply.


Adorama.com is intended to be a guide only. Some item illustrations are for display purposes only, may not be exact, and are not necessarily included in the purchase price. Adorama is not responsible for typographical or pictorial errors, and specifications may change without notice.


We make every effort to provide you with an error-free Web site. However, in the event there is a misprint, we reserve the right to correct copy or pricing to reflect the actual current status.

Order confirmation given to you through Adorama Camera does not guarantee our acceptance of your order, nor does it constitute confirmation of an offer to sell. Adorama Camera reserves the right to decline and cancel an order, or supply less than quantity ordered at any time".

The law relatiing to errors in online pricing can be found here:

http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/354/vol1_no1_art2.pdf

In Back Issues | UW School of Law - LTA Journal see "Oops! The Legal Consequences Of and Solutions To Online Pricing Errors"

In brief: "When online retailers make honest, good-faith pricing mistakes that result in huge losses to the benefit of opportunistic online shoppers, their mistake could be grounds for rescinding the unfavorable contract under the doctrine of unilateral mistake.
One party’s mistake can make the contract voidable when the mistake concerns a basic assumption on which the contract was formed and has a material effect on the agreement that is adverse to that party.
In addition, the adversely affected party must establish that ... the effect of the mistake is such that enforcement of the contract would be unconscionable ... The adversely affected retailer must also show that enforcing the contract would be unconscionable ...
The contract, if enforced as formed, needs to cause hardship to the adversely affected party. Among other things, courts will consider whether the sale would cause the retailer a loss, rather than merely earn a diminished profit ...
Rescinding the contract is the only available remedy under unilateral mistake; it is not a basis for reformation ... the retailer must cancel the customer’s order and re-offer the product at the actual price".
The contractual issue is for a judge or jury to decide. And a law review article from the University of Washington is not binding authority on a New York court, or any court for that matter.
08-17-2014, 01:49 PM - 1 Like   #57
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QuoteOriginally posted by freerider Quote
The contractual issue is for a judge or jury to decide. And a law review article from the University of Washington is not binding authority on a New York court, or any court for that matter.
Wow, everyone's a lawyer on the internet...

Please refrain from trolling WebMD as a "doctor," okay?
08-17-2014, 01:50 PM - 1 Like   #58
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QuoteOriginally posted by panoguy Quote
Wow, everyone's a lawyer on the internet...

Please refrain from trolling WebMD as a "doctor," okay?
Maybe he stayed at a Holiday Inn Express. :Hysterical:
08-17-2014, 01:52 PM   #59
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QuoteOriginally posted by panoguy Quote
Wow, everyone's a lawyer on the internet...

Please refrain from trolling WebMD as a "doctor," okay?
Hmmm, I'm a lawyer on the internet? Actually, I'm a lawyer in real life.
08-17-2014, 01:53 PM - 1 Like   #60
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QuoteOriginally posted by freerider Quote
General contract principles apply here. Adorama clearly made an offer by posting the deal on its website. People accepted that offer by making the online purchase. There's clearly consideration as this is an exchange of goods for money. As far as I'm concerned, there's a binding contract in place. If Adorama doesn't honor the deal, it's in breach of that contract. Smells like a class action lawsuit to me.
This is incorrect. All of it.
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