Steeda Catback

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955.0HO said:
I wish that were true...on their website, it states that they are not responsible for typographical errors on their website.
http://www.mustangwarehouse.com/Merchant2/merchant.mvc?Screen=CTGY&Category_Code=_policies
ANd 01MGVERT

Trust me. Threaten legal action. They must sell you the exhaust at the advertised price. It's the law.

They can post any type of disclaimer on there they want, it doesn't matter. The disclaimer is only there to fool the uneducated. They are responsible for their actions period.

If you want I can dig up the statute.
 
My first e-mail

Please send the tracking information for my order when it ships. See the
following for the info on my order. Its number 1632 for SS Steeda exhaust
for 04gt stang. Thanks.


Jason Garrison

Their response

Sorry there is no order from you. our site was updating last evening and
all orders will need to be replaced and I have no idea where a Steeda cat
back price of $259.95 came from. thanks

My reply, we will see what they say.
I dont know what to tell you, I replied to the e-mail that was sent to me stating I had an order. I printed the sheet from your website that has my information with the item, price, etc. The price was on your website, I purchased the item, now you claim there is no order. I think someone on your end goofed up and now you aren't following through with your end. If there was a problem with the price it was certainly not on my end, it was your website. I believe having an item for one price and then not saying there was an order so I will have to pay $300 more is not only un-ethical, but illegal. Attached is a scan of my order sheet printed from your website with the item, cost, etc. There is no way you can say there was no order, because I have the invoice with an order number, date, time, pice, and item, on a printout from YOUR site after I completed the order. Feel free to give me a call to discuss if you wish, or just reply to my e-mail. Thanks


Jason Garrison

We will see what happends.
 
Order 1630

Hey,
I got the exact same e-mail from them, and i replied similar to yours 2 times in the past 2 days and have received a 1 word response. I also have my confirmation e-mail and Invoice print-out. Let me know if they respond to you. If they respond, you can use me as an example if needed my order number was 1630

Here is what i ahve from them:


[email protected] wrote:
Thank you for your order. It will be shipped to you in a timely fashion.

Please visit our policies at http://www.mustangwarehouse.com/mustang_1.mvc?c=_policies

Order Number:1630
Placed : 06/04/2004 17:06:00 EDT

Ship To: Bill To:
Andrew Passanise Andrew Passanise
[email protected] [email protected]
************************


***********************
Saint Louis MO 63123 Saint Louis MO 63123
US US

Code Name Quantity Price/Ea. Total
-------------------------------------------------------------------------------------------
040-13868 Steeda Stainless Steel Catback System 94-04 1 $249.95 $249.95
Shipping: Handling Charge: $7.95
Sales Tax: $0.00
-------------------------------------------------------------------------------------------
Total: $257.90


----- Original Message -----
From: Andy Passanise
To: [email protected]
Sent: Saturday, June 05, 2004 12:08 PM
Subject: Re: Your Mustang Warehouse Order (1630 = $257.90)


Hi, I just wanted to know if I would be sent a tracking number once my order is shipped.

Thank you for your time,
Andrew Passanise


[
[email protected] wrote: Sorry there is no order from you. our site was updating last evening and all orders will need to be replaced and I have no idea where a Steeda cat back price of $259.95 came from. thanks


----- Original Message -----
From: Andy Passanise
To: [email protected]
Sent: Sunday, June 06, 2004 2:33 AM
Subject: Re: Your Mustang Warehouse Order (1630 = $257.90)


Sorry but, why does your site take orders and then send out order confirmation e-mails if it is updating and you claim not to know anything about the orders?



it is called automation





We need to find someone who placed an order the other night on a product that was priced correctly and I'm almost willing to bet anything, their order went through and there was no system updating.
I can't believe that they would claim that they know nothing of our orders simply becuase they screwed up. If it were a good company they would confront us with their mistake atleast, instead of completely denying it.
 
Smooth_Operator said:
Trust me. Threaten legal action. They must sell you the exhaust at the advertised price. It's the law.

They can post any type of disclaimer on there they want, it doesn't matter. The disclaimer is only there to fool the uneducated. They are responsible for their actions period.

If you want I can dig up the statute.
Yes, please share the statute. I'm curious what it actually says.
Honestly, I think if you threatened a law suit, they'd say bring it on. They likely have a lawyer at their disposal, unlike the rest of us. And they know it would cost you more than the difference in price to attempt to fight it.
If this were an ongoing practice of deception, you might have something on them. It sounds to me as if it were an honest mistake on their part (I'm sure they did not do this deliberately), and maybe they are not handling the situation very well, but you guys are asking to get something for half price. It's for this reason they have the disclaimer on their website.
Just me 2 cents...
 
To be honest, I never expected get the catback, nor did I really want it. It just would have been a steal for the price. I just don't like the way they handeled the situation by leing. Oh well

I totally agree with you, but its just the fact that they would tell a bold face lie about not getting the order. That's just bull
 
Time of Contract Formation.

Under the common law of contracts, an acceptance is effective on dispatch, so a contract is created when the acceptance is transmitted. The UCC does not alter this so-called mailbox rule. Article 18(2) states that an acceptance by return promise "becomes effective at the time moment the indication of assent reaches the offeror."

Under article 18(3), the offeree (you) may also bind the offeror (MWH) by performance even without giving notice to the offeror. The acceptance becomes effective "at the moment the act is performed." Thus, the rule is that it is the offeree's reliance, rather than the communication of acceptance to the offeror, that creates the contract.
Basically, they offered to sell the exhaust, you accepted. The contract was set in stone the second you hit "send" and any deviation there of by either parties is breaking the contract. So MWH must sell you the exhaust for the exact price indicated.

You also attempted to pay with your credit card fullfilling what is known as "Partial Performance". In other words you gave their money, now they must give you the parts.

You have plenty of documentation,i.e. edvidence, besides there's two of you, this is a very cut and dry case.

You have by the short hairs so don't cave into their :bs: .

If you need any other help just holler.
 
Contact the State of NY attorneys office and the Local Sheriff's office and let them know what's going on. You may depending on the law in the State of NY be able to file something similar to a "Financing Statement" with the State, which will serve public notice to all that MWH owes you the exhaust and it will inhibit MWH from selling any more Cat-Back exhaust untill the your sale is satisfied.
 
Sorry darkshadow...I would pursue this with you but I ordered a Magnaflow catback from john at completeexhaust.com he quoted the catback for 299.99 and I've seen it everywhere else retailing for 480. And magnaflow is the catback I had wanted in the first place. But if you need anything I will do whatvere it takes to get your catback...they stopped responding to my eimails as well.
 
GregGTStang said:
Didn't their web site state that they're not responsible for any typos??????????

It doesn't matter. If I put a sticker on my car saying I'm not responsible for any pedestrians I run over and then I go on a rampage do think the cops would be like ..."well, he's got that disclaimer sticker, guess we lost this round.." probably not.
 
Smooth_Operator said:
It doesn't matter. If I put a sticker on my car saying I'm not responsible for any pedestrians I run over and then I go on a rampage do think the cops would be like ..."well, he's got that disclaimer sticker, guess we lost this round.." probably not.
Pleeeeeease...the world does not work this way. But businesses can and do occasionally make errors. Like I said earlier, 'And so will end another thread...nobody will do anything about this...' because there is nothing that can be done. Unless this is an ongoing practice to deceive the consumer, you don't have a case. But you can try to make a case with enough money - I'm sure a lot of attorneys would take the case just to take your money. And you'd better get one in NY as that's where the transaction took place. So get your plane tickets, hotel reservations, etc. It's gonna be a long battle. Am I making my point?
GregGTStang said:
Didn't their web site state that they're not responsible for any typos??????????
That is correct Greg. They are doing what any business should do, but it's essentially just stating the obvious.