I recently purchased a notebook computer via Compaq for a price lower than they wished to sell it to me (there was a pricing error). Instead of cancelling the order however, they charged my credit card and shipped out the item. When the notebook computer got to my local sorting facility, they called it back. The charge used to be a pending charge, but now it is full charge. The charge is for $298. I am furious that Compaq charged my credit card despite the fact that it had no intention to deliver the item. Is there anything I can do to get the notebook computer? Do I have any legal recourse? What's my next step? I am going to call them today and need help on what to say/do. Thanks!
pretty much you need to review the pricing (error) policy on the website. 99.999% web sale sites will have one saying they can refuse to sell you at erroroneous rates. Good thing you didn't buy it from bestbuy, they'd throw your butt in jail
Well the thing here is they actually charged my credit card. I would understand if they cancelled my order. But in this case they actually went ahead and charged my credit card. They entered and completed a binding contract when they charged my credit card. I think I am going to call them up and demand the notebook, otherwise I intend to sue them in small claims court. I'm tired of big companies thinking they can push around the little guy.
Give it up. You won't get it. They made a mistake, all they have to do is credit your card for the amount they charged.
From the Uniform Commercial Code: § 2-713. Buyer's Damages for Non-delivery or Repudiation. (1) Subject to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (Section 2-715), but less expenses saved in consequence of the seller's breach. (2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
The UCC won't do you any good if they have the "pricing error" disclaimers on their site. I agree with the other poster...all they have to do is credit it back to your card, IMHO. Back a few years ago, people were really cashing in on the pricing errors. Some websites had things accidentally show up at 0.00 and people were ordering like crazy. They finally wized up and started adding in the disclaimers. L
Regardless, you don't think I've got a case? I mean they did charge my credit card - are you telling me companies can just start charging credit cards without any intention of delivering the item? They had the opportunity to cancel the order...
Also, check out their Terms & Conditions: http://www.smb.compaq.com/default.asp?page=terms&oi=E9CED&BEID=19701&SBLID= "All orders are not binding on Compaq unless accepted by Compaq."
They did cancel the order. Just call and tell them you want your card credited for the $298. There is a difference between a mistake and, the intent to defraud.
I agree. Call them and raise hell for your refund within 24 hours and tell 'em you don't give a damn about "our policy is it takes 47-72 hours to refund a claim." I want you to do it now or we're going to court for fraud! Dancer
Call the credit card company and tell them the situation and tell them you want the $$ charged back to Compaq.
DON'T EVER BUY A COMPAQ!!! You'll be stuck with a VERY UGLY PAPERWEIGHT instead of a reliable notebook. After reading of others problems on eopinions and ecomplaints I'm so sorry I didn't read those before. My problem was far from being the only one. And I have to say, their customer service people are the worst. They fixed mine while it was under warranty "incorrectly", as the computer guy I had check it stated. He was surprised it even lasted me the months that it did after they fixed it. (less than 6.) They screwed me royally because it broke again within 6 months and since my warranty was up they're saying "too bad so sad, has to be within 90 days". I hate them with a passion and would tell you to be firm about demanding your money back. They're crooks plain and simple in my eyes. Call your credit card issuer also, they should be able to get that money credited back to your account. Good luck.
I have been watching this post all day. But the last person to post is right. Don't buy a Compaq. I bought one because it had a one year warranty. When I had a problem, I found out for the first time that the warranty is by email only - they will not talk to you. Basically, you write them an email outlining the probem. In a few days you get back an email with a very generic answer - try buying new software, try buying more ram, try buying a new harddrive, try this or that. No firm advice at all. And it's always the same answer, no matter what your problem is.
