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EB games not honoring misprice on DK-Jungle Beatw/bongos

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Old 03-07-05, 11:27 AM
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EB games not honoring misprice on DK-Jungle Beatw/bongos

Just checked my pre-order from last month on the mispriced DONKY KONG JUNGLE BEAT w/Bongos. They had the 39.99 price switched with the 54.99 set and the order appeared good, but today the item number 25524 appears on my order which is the one w/out bongos. The set is item number 255251.
I don't have the drums yet so if they switched it out on me the game is worthless. I am going to call CS and see if they will honor this or not. Not holding my breath.
Old 03-07-05, 03:41 PM
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I wouldn't count on getting any satisfaction. I remember when FYE had Donkey Konga + Bongos at the Bongos Only price of $29.99. I ordered and so did a lot of other people, but about a week later they canceled everyone's order and fixed the price.
Old 03-07-05, 04:26 PM
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I ordered that mispriced set last year as well, and they didn't cancel my order but simply attempted to send me only the bongos. This time around just the game, EB wouldn't budge even though I have emails showing the package set for 39.99 is what I ordered. I guess they don't care about losing a customer because they weren't even polite just a big NO. Its not my fault they have chimps doing their data entry.
Old 03-07-05, 08:06 PM
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I'm sure they are crying over losing one opportunist customer.
Old 03-08-05, 10:51 AM
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Why do some get upset because a retailer doesnt want to be taken advantage of? I'm not going to say I never try to take advantage of a misprice, but if they cancel my order or change it to the right one, I think they have every right to do so. Try putting yourself in their position.
Old 03-08-05, 12:55 PM
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Although it was a misprice, it wasn't so large as to be completely obvious to everyone, and that makes it borderline on fraud to cancel orders. At what point should they honor misprices, only at list price? When the first Donkey Konga came out, Fry's had the game + bongos for $40 I think, plus I think I got an extra set of bongos for $25.
Old 03-08-05, 01:11 PM
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Originally Posted by PerryD
Although it was a misprice, it wasn't so large as to be completely obvious to everyone, and that makes it borderline on fraud to cancel orders. At what point should they honor misprices, only at list price? When the first Donkey Konga came out, Fry's had the game + bongos for $40 I think, plus I think I got an extra set of bongos for $25.
That isn't anything resembling fraud. Sorry.

Guess this can start the traditional "I'M GONNA SUE!" that occurs every time a retailer won't honor a misprice.
Old 03-08-05, 01:42 PM
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Originally Posted by RoQuEr
I'm sure they are crying over losing one opportunist customer.
Old 03-08-05, 01:43 PM
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Originally Posted by PerryD
Although it was a misprice, it wasn't so large as to be completely obvious to everyone, and that makes it borderline on fraud to cancel orders. At what point should they honor misprices, only at list price? When the first Donkey Konga came out, Fry's had the game + bongos for $40 I think, plus I think I got an extra set of bongos for $25.
Fraud?!
Old 03-08-05, 02:21 PM
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I don't suppose you saw this on the ebgames website:
Typographical Errors

In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, EB Games shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, EB Games will immediately credit your credit card account in the amount of the incorrect price.
Old 03-08-05, 02:49 PM
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If you do instore pre-order & paid off everything at the same time you'll get your DONKEY KONG JUNGLE BEAT w/ Drum for $40 plus taxes instead $55 plus taxes.

Glad I paid off everything when i pre-order this game or maybe the manager is so kool let me have it for $40
Old 03-08-05, 02:50 PM
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I sorta see both sides. If this were a B&M, then you could fight it and the store HAS to honor the mispricing. I disagree that putting up a generic "pricing subject to verification" banner should be all protecting.

On the other hand, it is very easy for a mispricing to get out of control when its posted to the internet so fast.

Still, if I were the merchant, I would think long and hard about turning away a rational, calm customer with a legit complaint. Were you calm cool and collected when talking this over with them? This is not a HUGE pricing error. If the merchant were smart, he'd buy your good will and word of mouth with that $10.
Old 03-08-05, 03:09 PM
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Losing 1 customer is no big deal to a huge company like EB. Especially true for internet stores.

The days of the "customer is always right" and true customer service are over.

Though I think the store is in the right.
Old 03-08-05, 04:46 PM
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Cancelling is within their right. Sending you a product you didn't order without informing you of the change is not.
Old 03-08-05, 05:50 PM
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The reason I was so upset was because they didn't cancel it or even inform me of the switch, if there was an EB in my town I would have done this in store but it wasn't an option. Either way I was calm and rational on the phone and in the email I sent to no avail. Also I have done too much non "opportunistic" shopping with them online to warrant the rude treatment. Not hard at all to take my business elsewhere including the ol DVDTALK VIDEOGAME trade thread. Glad that I sparked some discussion either way, and I am hoping target will have this title on sale within the coming weeks anyway.
Old 03-09-05, 09:21 AM
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EB doesn't honor mis-prices in ads, even in store. If you read the fine print it says right in it that they are no responsible for any typographical errors. As for mis-priced preorders, forget it, as the PUBLISHER can change the price up until the time of release, which is something EB has no control over.
Old 03-09-05, 10:01 AM
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Originally Posted by Ford Prefect
EB doesn't honor mis-prices in ads, even in store. If you read the fine print it says right in it that they are no responsible for any typographical errors. As for mis-priced preorders, forget it, as the PUBLISHER can change the price up until the time of release, which is something EB has no control over.

Yes, but they do have control over the sitation; they don't have to advertise a "predicted" price at all. If they are constantly mislead by a particular publisher, it is their duty to correct the situation, the consumer shouldn't have to show up and be told, "Sorry, the price changed" on a repeated basis. In fact this very thing/tatic has been prosecuted before. I know of several examples in Indiana alone, I'm sure it has happened elsewhere.

I'm only speaking in regards to publisher changed prices, not typographial errors etc.
Old 03-09-05, 04:21 PM
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The way the buying process works:
1) Party A makes an offer to Party B
2) Party B accepts the offer

Until this has happened, there is no legal basis that the sale must be completed. What most people don't realize is that in legal terms, a retailer's prices are simply an invitation to receive an offer. When you approach the counter with your item ready to pay the listed price, you are making the initial offer (to pay the listed price). Until the retailer accepts your offer, they are not legally bound to complete the sale. Therefore, a retailer has no obligation to sell you an item that has been mispriced.

In web ordering terms this translates to:
1) Filling out web order form to pay listed price
2) Retailer collects the money from your credit card and ships the item.

If a retailer cancels your order before step 2, they have refused your initial offer and are under no obligation to complete the transaction.
Old 03-09-05, 07:41 PM
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Originally Posted by jeffdsmith
Yes, but they do have control over the sitation; they don't have to advertise a "predicted" price at all. If they are constantly mislead by a particular publisher, it is their duty to correct the situation, the consumer shouldn't have to show up and be told, "Sorry, the price changed" on a repeated basis. In fact this very thing/tatic has been prosecuted before. I know of several examples in Indiana alone, I'm sure it has happened elsewhere.

I'm only speaking in regards to publisher changed prices, not typographial errors etc.

How often does that really happen? I really doubt EB, gamestop etc.. are constantly being mislead by publishers. Same applies to consumers being repeatedly showing up to a store and finding different prices, especially in an industry where prices have remained virtually unchanged in the past 15 years.
Old 03-09-05, 08:51 PM
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Originally Posted by menaz
How often does that really happen? I really doubt EB, gamestop etc.. are constantly being mislead by publishers. Same applies to consumers being repeatedly showing up to a store and finding different prices, especially in an industry where prices have remained virtually unchanged in the past 15 years.
Nowaways prices can be as low as $20 for a brand new game. Back in the SNES/Genesis area this was almost unheard of. Games use to be $60-$80/90 as well. So yes, prices HAVE changed alot in 15 years.
Old 03-09-05, 09:26 PM
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Have prices really changed, or have technologies managed to reduce costs during to compensate for inflation?

Surely it doesn't cost a publisher nearly as much to produce a game on CD as it did on old ROM carts. Yes development costs are going up, but technologies allow improved efficienies in delivering the good, in effect balancing out the cost.

Finally you must consider volume, with a lower cost you can sell more at increased demand. In many cases this leads to more profits then selling for more to fewer people.
Old 03-11-05, 02:05 PM
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Here is how it should work, I see ZOO KEEPER for 29.99 at Big K last night. I ask for a copy the clerk pulls one out and says 34.99, I say but the one in the case says 29.99 he grabs that one rings it up happily and KMART has a returning customer. Difficult huh? The customer may not always be right nowadays but establishing a little good will and loyalty isn't so out of the question is it? Zoo Keeper kicks arse BTW.

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