Order reneged: getwineonline

[Joshua_Kates]

. . .
Why isn’t the store’s placement of the product on the shelf (presumably with a label identifying the product, as well as the price) construed as an Offer to sell that is deemed accepted when the buyer presents said item to the store in an attempt to purchase? . . .

The simple answer to “why?” is “because.” That’s just the rule. The rule could have gone the other way, but it didn’t. I believe the reason for the rule is that the law does not like mistakes and thus is designed to correct the mistake before it matures into a mistake that causes damage. In addition, if you think about it, if the store’s placement of a product on the shelf is deemed to be an offer to sell, when does the buyer accept the offer, creating a binding contract? The buyer doesn’t want a binding contract to be created until actually paying for the product. Otherwise, you can get to the checkout counter, discover that you don’t have enough money, and be in breach of the contract. Since the offer can always be withdrawn until accepted, then even if you look at the placement of the product on the shelf as an offer, the store can still withdraw the offer even after you put the product on the conveyor belt but have not yet paid for it. Any other rule could have catastrophic consequences to a prospective unsophisticated buyer (a term obviously including Mr. Weinberg) who unknowingly makes a contract to purchase something he or she cannot afford.

Now that we have completed our lecture from Contracts 101, day two, we will return to our regularly-scheduled programming.

Boy, the Jets really suck this year, even worse that in past years. I’m going to need a new team, but I can’t find one that I don’t hate.

Take up the Bills, Jay,
Only team that actually plays in NYC. I grew up in Queens, but when I lived in Buffalo in the '90’s caught Bills fever. It means so much more there.

Wrong forum, I know. Sorry. Also, on the above, why not when you pay? I don’t mind a vendor “reneging,” if they haven’t taken payment, but when they tie up my money for weeks or months, they better deliver.

[Brian_G_r_a_f_s_t_r_o_m]

Thanks, Jay. The example(s) you detailed is exactly what I had in mind when I said “buyer unable to perform.”

As for your Jets … well, I’d invite you on to my team’s bandwagon, but the Vikings are at least as equally deplorable this year, so … yeah. And, to rub salt in the wound, it’s looking like this year will bring us yet another loss against OSU — and here I was thinking we would escape that misery in 2020, but nooooooope!

[Mike_C1]

. . .
Why isn’t the store’s placement of the product on the shelf (presumably with a label identifying the product, as well as the price) construed as an Offer to sell that is deemed accepted when the buyer presents said item to the store in an attempt to purchase? . . .

The simple answer to “why?” is “because.” That’s just the rule. The rule could have gone the other way, but it didn’t. I believe the reason for the rule is that the law does not like mistakes and thus is designed to correct the mistake before it matures into a mistake that causes damage. In addition, if you think about it, if the store’s placement of a product on the shelf is deemed to be an offer to sell, when does the buyer accept the offer, creating a binding contract? The buyer doesn’t want a binding contract to be created until actually paying for the product. Otherwise, you can get to the checkout counter, discover that you don’t have enough money, and be in breach of the contract. Since the offer can always be withdrawn until accepted, then even if you look at the placement of the product on the shelf as an offer, the store can still withdraw the offer even after you put the product on the conveyor belt but have not yet paid for it. Any other rule could have catastrophic consequences to a prospective unsophisticated buyer (a term obviously including Mr. Weinberg) who unknowingly makes a contract to purchase something he or she cannot afford.

Now that we have completed our lecture from Contracts 101, day two, we will return to our regularly-scheduled programming.

Boy, the Jets really suck this year, even worse that in past years. I’m going to need a new team, but I can’t find one that I don’t hate.

Jay, doesn’t the NYS consumer protection/advertising law require a retailer to stand by the labeled price? Though I believe there is no private right of action so enforcement could only be through the state.

[Joseph_Grassa]

Very poor that they did not communicate. I think it should be clear before purchase and their should be much better communication post purchase. This post steered me away from buying a case from them today. I just had a similar situation on some 2015 PdB Rabaja. Much shorter timeframe, but similar situation. I am not buying from either this time around.

I do hope we can all be aware of the challenges today of small businesses though. The playing field is not quite as even as it was 30 years ago. This company appears to be pretty small, but is stuck competing with Total Wine, Wine.com… Selling stuff you cannot afford to stock is becoming more and more of a common practice because of this, so my real beef is with the communication. Hopefully it is something they can improve.

[Mark_Golodetz]

. . .
Why isn’t the store’s placement of the product on the shelf (presumably with a label identifying the product, as well as the price) construed as an Offer to sell that is deemed accepted when the buyer presents said item to the store in an attempt to purchase? . . .

The simple answer to “why?” is “because.” That’s just the rule. The rule could have gone the other way, but it didn’t. I believe the reason for the rule is that the law does not like mistakes and thus is designed to correct the mistake before it matures into a mistake that causes damage. In addition, if you think about it, if the store’s placement of a product on the shelf is deemed to be an offer to sell, when does the buyer accept the offer, creating a binding contract? The buyer doesn’t want a binding contract to be created until actually paying for the product. Otherwise, you can get to the checkout counter, discover that you don’t have enough money, and be in breach of the contract. Since the offer can always be withdrawn until accepted, then even if you look at the placement of the product on the shelf as an offer, the store can still withdraw the offer even after you put the product on the conveyor belt but have not yet paid for it. Any other rule could have catastrophic consequences to a prospective unsophisticated buyer (a term obviously including Mr. Weinberg) who unknowingly makes a contract to purchase something he or she cannot afford.

Now that we have completed our lecture from Contracts 101, day two, we will return to our regularly-scheduled programming.

Boy, the Jets really suck this year, even worse that in past years. I’m going to need a new team, but I can’t find one that I don’t hate.

Take up the Bills, Jay,
Only team that actually plays in NYC. I grew up in Queens, but when I lived in Buffalo in the '90’s caught Bills fever. It means so much more there.

Wrong forum, I know. Sorry. Also, on the above, why not when you pay? I don’t mind a vendor “reneging,” if they haven’t taken payment, but when they tie up my money for weeks or months, they better deliver.

True story. A friend from NY was in college in Buffalo. A true Jets fan, went to a game and found himself sitting with Bills fans. Apparently the Jets cap set them off, and there was a melee. He was escorted off by security, smacked around a bit and thrown out of the stadium.

This is where it gets weird. He has been a die hard Bills fan ever since.

[Will_F]

I would add Sage Society to the list. I purchased a couple bottles recently, credit card was charged and on the day the wines were to ship get a refund for both orders. I email and Liz responds and says it was a wine searcher inventory mistake even though the wine was purchased directly on the Sage Society site. The next day the exact same wines are listed on WS and the Sage Society website for about $200 more per bottle.

[Joshua_Kates]

The simple answer to “why?” is “because.” That’s just the rule. The rule could have gone the other way, but it didn’t. I believe the reason for the rule is that the law does not like mistakes and thus is designed to correct the mistake before it matures into a mistake that causes damage. In addition, if you think about it, if the store’s placement of a product on the shelf is deemed to be an offer to sell, when does the buyer accept the offer, creating a binding contract? The buyer doesn’t want a binding contract to be created until actually paying for the product. Otherwise, you can get to the checkout counter, discover that you don’t have enough money, and be in breach of the contract. Since the offer can always be withdrawn until accepted, then even if you look at the placement of the product on the shelf as an offer, the store can still withdraw the offer even after you put the product on the conveyor belt but have not yet paid for it. Any other rule could have catastrophic consequences to a prospective unsophisticated buyer (a term obviously including Mr. Weinberg) who unknowingly makes a contract to purchase something he or she cannot afford.

Now that we have completed our lecture from Contracts 101, day two, we will return to our regularly-scheduled programming.

Boy, the Jets really suck this year, even worse that in past years. I’m going to need a new team, but I can’t find one that I don’t hate.

Take up the Bills, Jay,
Only team that actually plays in NYC. I grew up in Queens, but when I lived in Buffalo in the '90’s caught Bills fever. It means so much more there.

Wrong forum, I know. Sorry. Also, on the above, why not when you pay? I don’t mind a vendor “reneging,” if they haven’t taken payment, but when they tie up my money for weeks or months, they better deliver.

True story. A friend from NY was in college in Buffalo. A true Jets fan, went to a game and found himself sitting with Bills fans. Apparently the Jets cap set them off, and there was a melee. He was escorted off by security, smacked around a bit and thrown out of the stadium.

This is where it gets weird. He has been a die hard Bills fan ever since.

Interesting, Mark,
I never attended a game, but definitely passionate fans. Of course, the above, I should have said NYS (state) not NYC. Let’s hope they crush the Phins today, good for the Colts out here in IN, too.

I will avoid Sage Society as well—cold!!! as my son would say, though in these times perhaps we can be a little more forgiving.

[Warren_Taranow]

I would add Sage Society to the list. I purchased a couple bottles recently, credit card was charged and on the day the wines were to ship get a refund for both orders. I email and Liz responds and says it was a wine searcher inventory mistake even though the wine was purchased directly on the Sage Society site. The next day the exact same wines are listed on WS and the Sage Society website for about $200 more per bottle.

I’ve made two purchases of a difficult to find back vintage Champagne from Sage Society, and the transactions and communication were perfect. I’m not doubting your experience, but adding another data point.

Cheers,
Warren

[Markus_S]

This is where it gets weird. He has been a die hard Bills fan ever since.

Smart man.