Soccerdad1995 wrote:The problem is that if I need something, and Academy (or anyone else) accepts my order via an order confirmation, then I will not buy it someplace else. That could result in a delay in most cases, or in the case of the OP, the loss of an opportunity to take advantage of a really good rebate from Remington (as noted, other vendors had these rounds in stock). Academy's screw up here ended up costing folks real $$ to the tune of $90 assuming they wanted the same ammo and bought it elsewhere after the rebate period ended.
I seem to remember a concept called "detrimental reliance" or something similar, from my Business Law class. I'm sure Academy's lawyers would just argue that no one should rely on their promise to actually deliver what you ordered, because they have told you in the fine print that they are not reliable and won't be held to their promises. But I'm not sure that type of messaging is a great way to win new customers, or to keep existing ones.
IANAL, but wouldn't this fine print also imply that you have no contract with Academy, and can therefore cancel your order at no penalty, right up until the time that they do deliver? After all, they are telling you that they have no binding commitment up to that point.
Well, you’ve studied more law than I have. 99% of what I’ve learned about the law, I learned here on these pages, so I’ll take your word on it. And to be honest, I am not personally familiar with the terms they were offerings on that ammo. All I’m saying is that, while I understand what you said previously about “not all they could do”, I also understand on the vendor side that there are certain unavoidable practicalities.
For instance..... In your desired paradigm, the seller must KNOW to a reasonable certainty exactly how many units they will need to purchase to satisfy their day to day sales AND their special event price offerings, and then they must have some percentage ABOVE that number on hand, so as not to anger a customer just in case they sell more units during special events than expected. But as you certainly must be aware, inventory across virtually all business types has shifted to the “just in time” model. They no longer warehouse the volume of inventory that they used to, because it’s too expensive to run your business that way, and with just in time delivery systems, there is, generally speaking, no need to warehouse humongous volumes of every product they sell. And Academy has had to go along with that in order to be competitive with other big box sporting goods outlets.
Here’s another problem with it.... the culture demands that a given product be updated or “improved” in increasingly short cycles, and businesses have had to adapt to that. If a seller buys too many 2017 widgets to meet the Black Friday demand in November 2017, he won’t be able to sell the remaining unsold units when the 2018 widgets come out in January. He’ll have to sell them at a loss to move them off the shelf....unless the manufacturer will take them back (no doubt at a lower unit price than he paid for them) as a partial credit against the delivery of the 2018 models. His overestimated inventory becomes a loss. And heaven help him if his 2018 order is too small because once burned, twice shy, and he arrives a month shy of the end of the year completely out of inventory and unable to get more until the 2019 model comes out in January.....again. All of a sudden, his customers are going somewhere else
anyway. He gets hosed if he buys too much and takes a loss. He gets hosed if he buys too little and misses out on sales, and he gets hosed if his calculations are pretty spot on, but a few customers at the very end have their sales reversed because the inventory ran out, and now they’re PO’d at him and will ‘never buy from him AGAIN’!!!
So, the seller has a Herculean task to calculate and buy
just enough inventory to get him through the year without taking a loss on unsold merchandise, missing out on sales, or ticking off his customers, and that task is only further complicated by having multiple outlets with multiple cash registered at each one, in addition to any online presence he has.
The fact that Academy has to have that kind of caveat language in their sales documentation is a direct result of their existing within the context of a litigious society. Back when adults were all adults and practiced adulting, people didn’t sue a store because it ran out of merchandise. Instead, they pulled up their britches and started looking around for where else they could get a deal on that same product. And if they missed out entirely, they said “oh shoot! Well, I’ll get ‘em next time!” And then they take steps to not miss out the next time.......or......they figure out that in the greater scheme of things, disappointment at missing out on sale pricing for .22 LR ammo at Academy is pretty much a 1st world problem.
I do realize that I sound unsympathetic. I’m not. I’ve been in that boat myself. I’m just willing to see both sides of the problem. But.....”I’m NEVER going to shop there again!!!???” I have bigger fish to fry in life than that. He bought something; they were unable to fill the order; they returned his money without him having to hassle them for it. It’s a safe bet that if they
could have fulfilled the order, they would have been more than happy to take his money. I just don’t see where they did anything morally wrong or intentionally discourteous here. What I
do see is a bit of bad luck for BOTH the OP AND Academy, and the OP being in a bit of a snit over it. I just don’t think it’s worth a snit.