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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, 01:56 PM   #61
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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.
Online sales differ from purchases made Brick and mortar stores, in that our contract to supply an item is not complete until we send a customer an e-mail confirming that an item has been shipped. As indicated above, in accordance with our Terms and Conditions of Web Site Use and our Pricing and Availability Policy, we will be cancelling all affected orders.

Amazon is a considerably larger concern than Adorama nevertheless, in its pricing statement, Amazon explicitly notes that the price of any item is not confirmed until the customer completes the order. In addition, Amazon indicates that items in the catalog may be mispriced and the price will be verified prior to shipment. If the correct price is lower than the stated price, Amazon will charge the lower price and ship the item. If the correct price is higher, Amazon will, at its discretion, either contact the customer prior to shipment or cancel the order and notify the customer of the cancellation.

Despite these precautions, however, Amazon has been involved in several controversies regarding incorrect pricing on its Internet sites. In the most recent controversy in the U.K., Amazon mistakenly advertised iPaq handheld computers at less than one fiftieth of the retail price. Amazon was able to avoid large losses because its terms of sale stated clearly that a contract for sale was not formed until the goods were dispatched, giving Amazon the right to reject the many orders it received.

The contents of Amazon's automatic responses to the orders were consistent with those standard terms. Similarly, in the United States, Amazon mistakenly advertised a memory module at approximately 10% of its normal price and DVDs at approximately 75% of their list price. The company sent email notices to the affected customers, in accordance with their posted pricing policy, asking them to pay the higher price or cancel their order. Nevertheless, several customers filed deceptive advertising complaints with the Federal Trade Commission and the Better Business Bureau.

Any affected customers who believe that Adorama Camera has failed to comply with the law by not clarifying our policy in relation to errors on the website, (copied again below) can of course make legal representation.

"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".

08-17-2014, 02:17 PM   #62
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Well, I have no dog in this fight, since I did not order the deal. However, I have the following thoughts (speaking as a lawyer, albeit not one practicing in New York).
1. The "damages" each purchaser has suffered would presumably be less than $500.00 each. That would typically mean small claims court proceedings, or its equivalent. How many people would bother to do anything over that amount? Not many. Of course, the costs of filing such an action are pretty low as well, and you typically don't need an attorney, but can represent yourself. Conversely, for someone who does file, in whatever state (despite forum selection clauses), it is hardly worthy Adorama's time to fight it either, since the attorney fees/cost of defense would exceed the amount at issue as well.
2. I wonder how the people who paid via PayPal fit into the terms and conditions? The money would have actually transferred to/been accepted by Adorama's account. Would that not be a "completed transaction" - despite any refund later provided?
3. It probably would be wise to keep things in a larger perspective Adorama, B&H and the like do offer very good deals which are not generally available elsewhere. If a clear pricing error is made which cuts into the profits, then there will be an impact later on and elsewhere, adverse to potential consumers. Is that really in anyone's interests? Of course, if this happens frequently, then the real damage would be to Adorama's reputation and good will.
Just some random thoughts.
08-17-2014, 02:21 PM   #63
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QuoteOriginally posted by Helen Oster Quote
Online sales differ from purchases made Brick and mortar stores, in that our contract to supply an item is not complete until we send a customer an e-mail confirming that an item has been shipped. As indicated above, in accordance with our Terms and Conditions of Web Site Use and our Pricing and Availability Policy, we will be cancelling all affected orders.

Amazon is a considerably larger concern than Adorama nevertheless, in its pricing statement, Amazon explicitly notes that the price of any item is not confirmed until the customer completes the order. In addition, Amazon indicates that items in the catalog may be mispriced and the price will be verified prior to shipment. If the correct price is lower than the stated price, Amazon will charge the lower price and ship the item. If the correct price is higher, Amazon will, at its discretion, either contact the customer prior to shipment or cancel the order and notify the customer of the cancellation.

Despite these precautions, however, Amazon has been involved in several controversies regarding incorrect pricing on its Internet sites. In the most recent controversy in the U.K., Amazon mistakenly advertised iPaq handheld computers at less than one fiftieth of the retail price. Amazon was able to avoid large losses because its terms of sale stated clearly that a contract for sale was not formed until the goods were dispatched, giving Amazon the right to reject the many orders it received.

The contents of Amazon's automatic responses to the orders were consistent with those standard terms. Similarly, in the United States, Amazon mistakenly advertised a memory module at approximately 10% of its normal price and DVDs at approximately 75% of their list price. The company sent email notices to the affected customers, in accordance with their posted pricing policy, asking them to pay the higher price or cancel their order. Nevertheless, several customers filed deceptive advertising complaints with the Federal Trade Commission and the Better Business Bureau.

Any affected customers who believe that Adorama Camera has failed to comply with the law by not clarifying our policy in relation to errors on the website, (copied again below) can of course make legal representation.

"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".
Helen, thank you for your response. You may be correctly stating Adorama's terms and conditions, however, whether they are legally enforceable as applied to this situation is another matter. With that said, as a long time Adorama customer, I hope this issue doesn't need to be decided by a court of law. I hope Adorama will do the right thing by honoring the deal, or otherwise coming up with a solution that works for everyone.
08-17-2014, 02:24 PM - 1 Like   #64
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First-year contracts class and logic are on Adorama's side.

08-17-2014, 02:28 PM   #65
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WOW!


So, Helen, you would rather come on here and argue legalities with the good people who trusted you than make right or even attempt to "do right" and reach a compromise on the basis of "good business" in light of your company's own (questionable) "mistake"?


If you send that cancellation excuse tomorrow, I'll be sure to tell EVERYONE at EVERY review site I can tap my keyboard at just how well you "take care" of your customers. Better Business Bureau, Google, Yelp, Yahoo, Epinions, ResellerRatings, CNet, Bizrate, RipOffReport, ComplaintsBoard, PriceGrabber, TrustPilot...need I go on? I have never blacklisted a company from all of my business, but you are giving me serious motivation to. Everything you're saying flies in the face of "customer service".


This was supposed to be an easy transaction where I felt like I got a good deal and could wait excitedly for my new camera to arrive in a few days. Unfortunately, you've turned it into a nightmare and, because you placed a hold on my funds, I was unable to purchase the local deal I was arranging when your "bundle" came available.


Shame on you for being so insensitive.
08-17-2014, 02:30 PM - 1 Like   #66
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Cut Helen some slack. Unless you've been in business, you don't understand the dynamics of the situation. Running a business is tough enough these days. Honest mistakes are made and a business can't afford to lose money and expect to stay in business for very long.

Last edited by onlineflyer; 08-17-2014 at 02:40 PM.
08-17-2014, 02:32 PM - 1 Like   #67
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QuoteOriginally posted by Masta' C Quote
WOW!


So, Helen, you would rather come on here and argue legalities with the good people who trusted you than make right or even attempt to "do right" and reach a compromise on the basis of "good business" in light of your company's own (questionable) "mistake"?


If you send that cancellation excuse tomorrow, I'll be sure to tell EVERYONE at EVERY review site I can tap my keyboard at just how well you "take care" of your customers. Better Business Bureau, Google, Yelp, Yahoo, Epinions, ResellerRatings, CNet, Bizrate, RipOffReport, ComplaintsBoard, PriceGrabber, TrustPilot...need I go on?


This was supposed to be an easy transaction where I felt like I got a good deal and could wait excitedly for my new camera to arrive in a few days. Unfortunately, you've turned it into a nightmare and, because you placed a hold on my funds, I was unable to purchase the local deal I was arranging when your "bundle" came available.


Shame on you for being so insensitive.
My god.
08-17-2014, 02:34 PM   #68
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QuoteOriginally posted by woden2 Quote
..... I wonder how the people who paid via PayPal fit into the terms and conditions? The money would have actually transferred to/been accepted by Adorama's account. Would that not be a "completed transaction" - despite any refund later provided?
Actually, no; PayPal hold the money until Adorama ships the goods.

08-17-2014, 02:35 PM   #69
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QuoteOriginally posted by onlineflyer Quote
Cut Helen some slack. Unless you've been in business, you don't understand the dynamics of the situation. Running a business is business is tough enough these days. Honest mistakes are made and a business can't afford to lose money and expect to stay in business for very long.


Yes, but there has been no attempt or discussion about reaching a compromise. The ONLY effort being put forward by Helen and Adorama is to argue legalities and tell customers they are out of luck. Meanwhile, I can't buy anything else because they have my funds tied up and they have caused me to miss out on another deal.


You wouldn't put up with that kind of "service" at your local grocery store. Why should we be expected to put up with it from one of the biggest retailers of electronics and photographic equipment online?
08-17-2014, 02:37 PM   #70
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QuoteOriginally posted by DennisH Quote
First-year contracts class and logic are on Adorama's side.
Even if you are correct, which is questionable, the statutory rights of consumers may not be on Adorama's side.
08-17-2014, 02:38 PM   #71
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QuoteOriginally posted by freerider Quote
Helen, thank you for your response. You may be correctly stating Adorama's terms and conditions, however, whether they are legally enforceable as applied to this situation is another matter. With that said, as a long time Adorama customer, I hope this issue doesn't need to be decided by a court of law. I hope Adorama will do the right thing by honoring the deal, or otherwise coming up with a solution that works for everyone.
This was a typographical error. If no money has changed hands, no orders have been accepted - therefore there was no 'deal'.

Any orders which have shipped are a different matter entirely and I invite anyone in this position to contact me directly.

---------- Post added 08-17-14 at 04:39 PM ----------

QuoteOriginally posted by freerider Quote
Even if you are correct, which is questionable, the statutory rights of consumers may not be on Adorama's side.
Then the best course of action would be for anyone who wishes to, to take this further
08-17-2014, 02:41 PM   #72
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QuoteOriginally posted by Helen Oster Quote
This was a typographical error. If no money has changed hands, no orders have been accepted - therefore there was no 'deal'.

Any orders which have shipped are a different matter entirely and I invite anyone in this position to contact me directly.

She says this because the "deal" was new and there's a strong likelihood that none of the orders have shipped yet. How convenient
08-17-2014, 02:41 PM   #73
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QuoteOriginally posted by Masta' C Quote
Yes, but there has been no attempt or discussion about reaching a compromise. The ONLY effort being put forward by Helen and Adorama is to argue legalities and tell customers they are out of luck. Meanwhile, I can't buy anything else because they have my funds tied up and they have caused me to miss out on another deal.


You wouldn't put up with that kind of "service" at your local grocery store. Why should we be expected to put up with it from one of the biggest retailers of electronics and photographic equipment online?
Online transactions are legally subject to different requirements.

I do believe I stated earlier in this thread that everybody will be contacted on Monday, when the customer service department re-opens.
08-17-2014, 02:45 PM   #74
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QuoteOriginally posted by Helen Oster Quote
I do believe I stated earlier in this thread that everybody will be contacted on Monday, when the customer service department re-opens.
I look forward to Adorama's formal, written response. Thank you.
08-17-2014, 02:47 PM - 1 Like   #75
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QuoteOriginally posted by freerider Quote
Even if you are correct, which is questionable, the statutory rights of consumers may not be on Adorama's side.
I guess there's no point, but I am correct, as is Helen Oster.

Do you really think you know more about New York State contract law than one of the largest online retailers in New York City?
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