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  1. #1
    Join Date
    Feb. 5, 2002
    Location
    NY
    Posts
    779

    Default HORSELOVERZ!!!! Is this LEGAL??? Need Advice how to Proceed!

    I've been looking for a comfortable trail saddle for quite some time, researching, and checking prices. Finally settled on a Tucker saddle, and came across a great deal on HORSELOVERZ.COM. They advertised a Tucker River Plantation saddle for 1/2 price, regular price was $1449, and the advertised sale price was $725. I also had a promo code of 10% off, so I called, spoke with a customer service rep, placed the order, got an invoice, and confirmation to my email. Paid the invoice, they deducted the money from my account, and I got a confirmation that the invoice was paid in full, and my order was 'in process'. Well, I was awaiting an email that my saddle was shipped, INSTEAD I got an email that they cancelled the transaction and were going to refund my money because the manufacturer wouldn't allow them to sell the saddle for that price!

    Well, I'm really upset. I spent a lot of time making the decision to purchase this particular saddle, went to a tack shop twice to try out a tucker like it, and to check wither tracings to be sure it would fit. I also had a deposit on a used Tucker Gen II at the tack shop and I cancelled that transaction to buy the horseloverz saddle.

    My question is this...Can they LEGALLY do that? They advertised the saddle for a set price, they gave me an invoice and actually sold me the saddle for that price, and took the money. Wouldn't that be false advertising and also breach of contract? I would think they would have to give me the saddle for the price they sold it to me for, and figure out how to make it right on their side. Not my fault, theirs....Any attorneys care to comment? I'm really, really upset, never had anything like this happen before.

    Thanks!!!!



  2. #2
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,327

    Default

    Someone made a mistake. You purchased it for 1/2 price- is it hard for you to believe someone made a bona fide mistake at that price? It doesn't sound like they bait and switched it or tried to stick it to you in some other way. Why not just drop it. Such is life, not worth wasting the negative energy over.



  3. #3
    Join Date
    Nov. 2, 2006
    Posts
    2,505

    Default

    they pull this kind of crap all the time. They do it on Ebay too- they have items listed really low, and then right before the auction is about to end - if it isn't at the price it should be they end the item early saying "no longer in stock."

    There are so many stories about this company - I don't know why anyone would do business with them.

    sorry about your saddle- what a bummer.



  4. #4
    Join Date
    Feb. 4, 2000
    Location
    up a creek without a saddle
    Posts
    2,290

    Default

    My best friend owns a tack shop and her biggest pet peeve is a" customer" like you who comes in, tries a saddle, comes back to try it AGAIN, and then orders it from some on line outfit. Give me a break.



  5. #5
    Join Date
    Apr. 15, 2004
    Location
    Sunny Sonoma, CA
    Posts
    1,292

    Default

    I know the kind of angry and disappointed you are right now. You'll probably need a few weeks to calm down.
    By refunding your money they probably covered their you-know-what. I don't know though...there's that whole truth in advertising thing...
    Founding Member of "I Kept 'Off Topic Day!' Open"



  6. #6
    Join Date
    Apr. 15, 2004
    Location
    Sunny Sonoma, CA
    Posts
    1,292

    Default

    Quote Originally Posted by Sparky View Post
    My best friend owns a tack shop and her biggest pet peeve is a" customer" like you who comes in, tries a saddle, comes back to try it AGAIN, and then orders it from some on line outfit. Give me a break.
    Ouch.
    Founding Member of "I Kept 'Off Topic Day!' Open"



  7. #7
    Join Date
    Apr. 6, 2004
    Location
    Elkton
    Posts
    4,487

    Default

    Quote Originally Posted by Sparky View Post
    My best friend owns a tack shop and her biggest pet peeve is a" customer" like you who comes in, tries a saddle, comes back to try it AGAIN, and then orders it from some on line outfit. Give me a break.
    I worked in a tack store for years and this was very common.

    We'd have Dad's come in and measure our tack boxes and take pictures to go build their own.

    At the end of the day we would either try to WOW them with our customer service and get them to buy our product, wait until they realize it's too hard or customer service at other places is horrible (horseloverz.. etc) or just shake it off and focus on customers that will actually BUY things



  8. #8
    Join Date
    May. 10, 2009
    Location
    NC piedmont
    Posts
    2,441

    Default

    Isn't it true in a retail store that if an item is marked by the store at a certain price, they are required by law to sell it to you at that price-even if it's a mistake on thier part? Does that not apply to mail order.

    And Sparky-I understand your friend's frustration, but for a big ticket item, I, for one, am absolutely going to buy the product from the retailer who offers the best price. I know that my local tack store, for example, is very expensive compared to online retailers. I give them a lot of business because they are AWESOME, but still buy the expensive stuff where I can get the best price. A $50 savings is huge for a person on a limited budget. If a tack store won't sell at the lowest price, they will lose some sales on items that are not emergency purchases.



  9. #9
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,327

    Default

    Yeah ouch. For the store with the first class customer service who works to make a customer satisifed and who has a person there to give advice or take care of a problem and sometimes spend considerable time to find the right saddle for a customer only to have that customer order online later from someone else with lower overhead.

    It was the same thing as when I used to work in the Nursery Business and the big box stores started opening and selling plants. People would come to us for valuable and knowledgeable advice, and help in their landscape design and then they would go to a box box store and by the cheap stuff. Many of those family owned businesses are gone now.



  10. #10
    Join Date
    Feb. 5, 2006
    Location
    Kansas
    Posts
    1,405

    Default

    OP: your state probably has some type of "consumer protection bureau". It would be a state office, not a local government thing. Look up the number and call them Monday morning. They'll be able to give you the best legal advice, for free. If they agree with you, they may even be willing to pursue it with the seller for you.

    Have paper and scanned versions of all paperwork - original ad, confirmations, proof that they took the $ from you and then gave it back, and their reasoning. Keep extra copies of everything. You might even want to go back to the tack store and get something in writing from them, on their letterhead, confirming your history of having had a similar item on hold and then cancelling it (proves your lost opportunity cost - the "damages").
    Incredible Invisible



  11. #11
    Join Date
    Oct. 8, 2009
    Posts
    35

    Default

    Quote Originally Posted by Quin View Post
    OP: your state probably has some type of "consumer protection bureau". It would be a state office, not a local government thing. Look up the number and call them Monday morning. They'll be able to give you the best legal advice, for free. If they agree with you, they may even be willing to pursue it with the seller for you.

    Have paper and scanned versions of all paperwork - original ad, confirmations, proof that they took the $ from you and then gave it back, and their reasoning. Keep extra copies of everything. You might even want to go back to the tack store and get something in writing from them, on their letterhead, confirming your history of having had a similar item on hold and then cancelling it (proves your lost opportunity cost - the "damages").

    Good advice



  12. #12
    Join Date
    Sep. 1, 2006
    Posts
    2,284

    Default

    Quote Originally Posted by Sparky View Post
    My best friend owns a tack shop and her biggest pet peeve is a" customer" like you who comes in, tries a saddle, comes back to try it AGAIN, and then orders it from some on line outfit. Give me a break.
    Oh god, I know. There's nothing I hate more than people who try to make educated choices before spending hundreds of dollars. How dare they choose to spend it somewhere else?

    Those bastards.



  13. #13
    Join Date
    Nov. 22, 2003
    Location
    Virginia
    Posts
    7,136

    Question

    Did they actually refund the money?



  14. #14
    Join Date
    Oct. 12, 2005
    Location
    Va
    Posts
    7,458

    Default

    Quote Originally Posted by Paragon View Post
    Oh god, I know. There's nothing I hate more than people who try to make educated choices before spending hundreds of dollars. How dare they choose to spend it somewhere else?

    Those bastards.

    Yes, and please remember this when the local tack stores go out of business and you can no longer go there to check out the saddles (which they've already purchased and have there for you to see, feel, touch and try) and the boots, which they conveniently have in several sizes, along with the bootpulls for you to try and the breeches and the coats and, and and and. They usually have pretty knowledgeable clerks to help you find the appropriate style and size, they're usually pretty well versed in "what's in" and they dutifully take their time to help you, clean up after you, just so that you can go online and save a couple bucks by buying online.



  15. #15
    Join Date
    Aug. 30, 2007
    Location
    Illinois, USA
    Posts
    8,421

    Default

    I'm not surprised at this at all. Equiteric is a horrible company. Now just wait for their Customer Service rep who is a member on here to come storming in and promise to make everything all better.
    Tell a Gelding. Ask a Stallion. Discuss it with a Mare... Pray if it's a Pony!



  16. #16
    Join Date
    Nov. 23, 1999
    Posts
    20,673

    Default

    Sparky, you go girl. I totally agree with you.



  17. #17
    Join Date
    Apr. 6, 2005
    Location
    In the barn
    Posts
    2,001

    Default

    I don't think they did anything illegal. I work for a large mail order company and we have had similar things happen. A customer places an order, we charge their card in anticipation of the item shipping from the mfr, THEN we find out something that prevents the sale (product is discontinued, price has risen 200%, etc). By refunding the money the transaction is cancelled.

    "Truth in advertising" only applies to price if when you get to the cash register (i.e. the shopping cart) a different price or item is displayed. But a sale is an agreement between TWO parties - and either party can back out at any time, so long as neither merchandise nor money has permanently changed hands. Remember - a product can be returned, and money can be refunded. Also, read the fine print on their site. If it says something like "not responsible for typos" or "pricing subject to change at any time without notice" they have a way out. Oftentimes a website is not updated immediately when a price changes so they have to have a way to cover their butt. On our site, it takes up to two hours for product and price changes to go live. We have to have a legal way to cover our butts for the order that comes in during the limbo period.

    What IS illegal is the manufacturer telling a reseller what price they can/cannot sell a product for. They can dictate what price an item is ADVERTISED for but legally they cannot dictate the SELLING price. A vendor can be restricted from advertising a sale price, and would have to put "call for price" or something on their site, but the manufacturer cannot tell them what they must sell it for. That we have had our lawyers research several times, due to manufacturers trying to play that game with us over the decades.

    So, there's nothing you can do. You could maybe call the company and try to cajole the manager into honoring the sale, but it's doubtful they will. It sounds like they were caught advertising below the allowed price and got their hands slapped.



  18. #18
    Join Date
    Apr. 30, 2009
    Location
    N. Florida
    Posts
    467

    Default Sorry about the let down

    I don't think you have any recourse since they gave you a refund. Brings to mind that when something looks too good to be true, it probably IS!



  19. #19
    Join Date
    Jul. 24, 2008
    Posts
    5,688

    Default

    Although I don't have any specific advice, I would certainly raise hell over this. Horseloverz should be eating the difference if they can't get the saddle from the manufacturer at that price. And if you don't actually get the deal on the saddle you wanted, spreading the word to fellow shoppers is imo the best thing to do.

    If they are not willing to work with you I would also send an email to COTH outlining the shady business practices and complain that COTH carries a horseloverz add.



  20. #20
    Join Date
    Feb. 21, 2004
    Location
    Charleston, SC
    Posts
    1,725

    Default

    Quote Originally Posted by HenryisBlaisin' View Post
    Isn't it true in a retail store that if an item is marked by the store at a certain price, they are required by law to sell it to you at that price-even if it's a mistake on thier part?
    No, common misconception. Say you walk into Walmart and they have BBQ grills advertised at $3.99. You take a grill up to the register and try to purchase it. Then, they inform you that the price was a mistake. They do NOT have to honor that price. Why, you ask?

    Their advertising the item is not the "offer" under the law. (In order to have a contract, you must have an offer and acceptance of that offer) The courts have determined that when you bring the BBQ to the cash register, YOU are offering to purchase the product at the advertised price. When the store accepts your offer, a contract is formed. They can refuse to accept your "offer" even if the item is marked at that price.

    Without knowing more specifics on your situation, I wouldn't speculate as to what is going on with horseloverz...but it sounds as though they accepted the OPs offer.



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