Cancel your Bad Company 2 Preorders... This one's $19.99 @ Barnes & Noble

I actually didn't buy any copies but I figured this would be called off quicker...
shoulda jumped on it :(
 
lol, barnes and noble may not have caught it, but somehow I don't expect gamestop to miss it. But again, not out anything for trying.
 
Looks like this is gonna work. Now come all the posts from the nay-sayers that didn't jump on the deal, wanting us to sell them the game at this price. LOL :p
 
Did they up the specs to 64 players, it was 32 last time I heard.

It is 32... while it's a price error they appear to be honoring it (I've gotten in on plenty like this before, though the chances go down a lot when someone posts them up on forums like this and slickdeals).


Looks like this is gonna work. Now come all the posts from the nay-sayers that didn't jump on the deal, wanting us to sell them the game at this price. LOL :p

Yup... it's not like you lose anything for placing the order at the mistaken price, so it is silly not to if you had interest in this game. Still, we'll see them be jealous if it goes through, and go "I TOLD YOU SO!!!111oneone" if it gets cancelled last-minute :rolleyes: .
 
looks like its legit, got another email today :D but its a long time from ship date

Dear xxxxxxxxxxxxx ,

Thank you for shopping with us.
Just so you know, your PC & Video Game order will ship directly to you from GameStop, and they expect to ship it to you on the date below. And as always, your credit card will not be charged until your order has left the warehouse.
If you need to contact GameStop, email [email protected] or call 1-800-883-8895.
All the details of your order appear below.
We are glad we could be of service and look forward to your next visit.

-- Barnes & Noble

Ship To: xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
Shipping Method: Standard (5-10 business days)

Product Description Quantity Expected Ship Date Price
Battlefield Bad Company 2 2 03-02-2010 $39.90

Sub Total: $39.90
Shipping & Processing: $3.97
Tax: $2.64

Total Shipment Price: $46.51
 
looks like its legit, got another email today :D but its a long time from ship date

Dear xxxxxxxxxxxxx ,

Thank you for shopping with us.
Just so you know, your PC & Video Game order will ship directly to you from GameStop, and they expect to ship it to you on the date below. And as always, your credit card will not be charged until your order has left the warehouse.
If you need to contact GameStop, email [email protected] or call 1-800-883-8895.
All the details of your order appear below.
We are glad we could be of service and look forward to your next visit.

-- Barnes & Noble

Ship To: xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
Shipping Method: Standard (5-10 business days)

Product Description Quantity Expected Ship Date Price
Battlefield Bad Company 2 2 03-02-2010 $39.90

Sub Total: $39.90
Shipping & Processing: $3.97
Tax: $2.64

Total Shipment Price: $46.51

just got the same email :D. still a bit skeptical but really hoping they do honor this.

Maybe they just burned the game on two memorex DVDs and only allow SP play to compensate for the price........I can dream also.
 
I got my e-mail too.The gamestop guys i know are pretty damn cool so if i have a problem (price-wise that is) they may help me out unless there are alot of other people at the same store wanting the same price. Worth a try. :cool:
 
Email confirmation as well.
I kept my limited edition pre order just in case and ordered 3 of these guys.
 
Fuck, was going to order but everyone was "it'll be cancelled, you'd be stupied to expect it to work." So I didn't and used the money elsewhere, now I am kicking myself, never again...
 
There's a 75% chance that they aren't going to ship these. B&N pulls bullshit like this all the time and to my knowledge they've never manned up and honored their mistakes. I had pretty much the exact same thing happen with one of the Street Fighter IV tournament arcade sticks. I had an order in for one at like 60 bucks, got a confirmation email just like all of you, and then when it was time to ship they cancelled the order. The compensation was pretty insulting: a $5 off coupon. No reason not to ride this out and see if you get what you ordered, but just be aware that B&N has a very poor record of honoring its mistakes.
 
I just (like a minute ago) received a $5 gift certificate via e-mail. There is nothing in the e-mail stating my order has been canceled (I checked my order status on B&N website), but I won't be surprised if it is by the end of today.
 
he compensation was pretty insulting: a $5 off coupon. No reason not to ride this out and see if you get what you ordered, but just be aware that B&N has a very poor record of honoring its mistakes.

Looks to be the case, just got my 5$ coupon in my inbox, although no cancellation email yet.
 
Looks like they're going through with it since I got a confirmation e-mail and everything. Including ship date. Just got a $5 promotional coupon from B&N because of this purchase. The gift that keeps on giving. :p
 
There's a 75% chance that they aren't going to ship these. B&N pulls bullshit like this all the time and to my knowledge they've never manned up and honored their mistakes. I had pretty much the exact same thing happen with one of the Street Fighter IV tournament arcade sticks. I had an order in for one at like 60 bucks, got a confirmation email just like all of you, and then when it was time to ship they cancelled the order. The compensation was pretty insulting: a $5 off coupon. No reason not to ride this out and see if you get what you ordered, but just be aware that B&N has a very poor record of honoring its mistakes.

FROM: [email protected]

You have received an Online Gift Certificate in the amount of $5.00

AMOUNT: $5.00
GIFT CERTIFICATE NUMBER: DELETED
PIN: DELETED

I just received 2 e-mails for 2 $5 gift cards (a total of $10)... I placed 2 orders. I haven't received any notice of the order being canceled, but I'm 99% positive it was.
 
Fuck, was going to order but everyone was "it'll be cancelled, you'd be stupied to expect it to work." So I didn't and used the money elsewhere, now I am kicking myself, never again...
And the rest of "everyone" was saying just order it, no risk involved.

There's a 75% chance that they aren't going to ship these. B&N pulls bullshit like this all the time and to my knowledge they've never manned up and honored their mistakes. I had pretty much the exact same thing happen with one of the Street Fighter IV tournament arcade sticks. I had an order in for one at like 60 bucks, got a confirmation email just like all of you, and then when it was time to ship they cancelled the order. The compensation was pretty insulting: a $5 off coupon. No reason not to ride this out and see if you get what you ordered, but just be aware that B&N has a very poor record of honoring its mistakes.
So you're a statistician for B&N? 1/4 being shipped out is still not bad. It's a "mistake" and it's not about "manning up" or crap like that. What are you expecting, businesses to lose money for you? You get $5 off compensation for spending nothing. People like you are, sigh, nevermind.
 
So you're a statistician for B&N? 1/4 being shipped out is still not bad. It's a "mistake" and it's not about "manning up" or crap like that. What are you expecting, businesses to lose money for you? You get $5 off compensation for spending nothing. People like you are, sigh, nevermind.

No, braintrust. I wasn't saying they'll ship 1/4 of them out. They're most likely going to ship none of them out, or maybe a few that slip through the cracks. There's always a small chance they ship an appreciable quantity, but I've seen enough B&N "deals" to know how they usually handle them.

Also, it's precisely about manning up. B&N has a choice between honoring the contracts it formed when it posted an offer on its website and the people who ordered accepted, or breaching the contracts because it knows that it won't be worth anyone's time to sue. I expect companies I order from to actually honor the orders...ridiculous I know. Yet I've had the exact same time happen plenty of times with Amazon and they're good about honoring website prices. This isn't some egregious mistake like a plasma TV for one cent. It's a $50 game for $20, which is something that isn't at all infrequent during sales.

B&N could easily honor this, and there's a small chance they may, but by and by it is a shit company and probably won't. Also, it's their modus operandi to not even tell you your order is cancelled. When it happened to me they just tried to sweep it under the rug by deleting the order entirely. Looks like someone else here may have already received the same treatment. $5 coupons with no cancellation email.
 
Got a $5 coupon, which I'll never use. Waiting to see how long it takes for them to cancel the order.
 
No, braintrust. I wasn't saying they'll ship 1/4 of them out. They're most likely going to ship none of them out, or maybe a few that slip through the cracks. There's always a small chance they ship an appreciable quantity, but I've seen enough B&N "deals" to know how they usually handle them.

Also, it's precisely about manning up. B&N has a choice between honoring the contracts it formed when it posted an offer on its website and the people who ordered accepted, or breaching the contracts because it knows that it won't be worth anyone's time to sue. I expect companies I order from to actually honor the orders...ridiculous I know. Yet I've had the exact same time happen plenty of times with Amazon and they're good about honoring website prices. This isn't some egregious mistake like a plasma TV for one cent. It's a $50 game for $20, which is something that isn't at all infrequent during sales.

B&N could easily honor this, and there's a small chance they may, but by and by it is a shit company and probably won't. Also, it's their modus operandi to not even tell you your order is cancelled. When it happened to me they just tried to sweep it under the rug by deleting the order entirely. Looks like someone else here may have already received the same treatment. $5 coupons with no cancellation email.

I've never seen any law that states a store has to honor a pricing mistake. If there is one, provide proof.
 
I've never seen any law that states a store has to honor a pricing mistake. If there is one, provide proof.
good point

B&N has a choice between honoring the contracts it formed when it posted an offer on its website and the people who ordered accepted, or breaching the contracts because it knows that it won't be worth anyone's time to sue.
are you maybe a 1L? Even if you aren't, you missed an obvious point by not actually reading the contract to which you refer.
B&N TOS said:
On rare occasions, an item may be priced incorrectly on the Barnes & Noble.com Site. If the price for the item on the Barnes & Noble.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Barnes & Noble.com, Barnes & Noble.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
There's a provision about 3rd party sellers, if applicable, which may be the case here, in which case Gamestop's terms would apply, which state,
GameStop reserves the right at any time after receipt of your order to accept or decline your order for any reason

So, in reality, if B&N/Gamestop cancel all these orders without giving you anything, it's firmly within the terms of the overall contract. The fact that they throw a $5 bone to you guys is actually quite generous.
 
So, in reality, if B&N/Gamestop cancel all these orders without giving you anything, it's firmly within the terms of the overall contract. The fact that they throw a $5 bone to you guys is actually quite generous.

Exactly. I don't think it even becomes a legal contract between buyer and seller until money changes hands. So, legally speaking, BN and Gamestop don't have to do jack. Amazon is one of the few etailers that is willing to honor pricing mistakes and I doubt even they would do it for something as wide spread as this became.
 
good point

are you maybe a 1L? Even if you aren't, you missed an obvious point by not actually reading the contract to which you refer.

No, but I can tell that you are (or perhaps a hopeful polisci major about to have his dreams shattered by a 155 LSAT). I actually graduated with a 3.8 from a top 15 school. For the most part website disclaimers are used more for dissuading joe sixpack from thinking he has a claim than their enforceability. This is particularly applicable to the one at B&N. I just messed around with their order process from start to the point where you leave their site to pay through paypal, and there is nothing at all to bind a buyer to their terms or make them part of a contract. If you are an aspiring lawyer, stick to document review (not that you'll have the option for anything better). I shudder when I think about a client actually paying you to act as an advocate.
 
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No, but I can tell that you are (or perhaps a hopeful polisci major about to have his dreams shattered by a 155 LSAT). I actually graduated with a 3.8 from a top 15 school. For the most part website disclaimers are used more for dissuading joe sixpack from thinking he has a claim than their enforceability.
haha you don't want to compare credentials with me

if the website terms aren't enforceable, then which ones are?

I think you would be hard pressed to find many courts that wouldn't enforce a website's terms assuming they reasonably put the user on notice that they were abiding by them when making the purchase.

I didn't buy one of these deals myself, but I imagine, somewhere during the course of your purchase, you clicked "I agree" or something similar, which bound you to B&N's terms.

If you didn't, then I am wrong, and you may have a case.
 
No, but I can tell that you are (or perhaps a hopeful polisci major about to have his dreams shattered by a 155 LSAT). I actually graduated with a 3.8 from a top 15 school. For the most part website disclaimers are used more for dissuading joe sixpack from thinking he has a claim than their enforceability. This is particularly applicable to the one at B&N. I just messed around with their order process from start to the point where you leave their site to pay through paypal, and there is nothing at all to bind a buyer to their terms or make them part of a contract. If you are an aspiring lawyer, stick to document review (not that you'll have the option for anything better). I shudder when I think about a client actually paying you to act as an advocate.

Funny, because a lot of e-tailer terms are applied to physical stores. Especially those regarding this situation here. If BN had put out some big add stating that BC2 was $20 then you argument would have ground. However, they did not. There is NOTHING that forces them to honor price mistakes. I asked you to provide proof otherwise before and I'm asking it again. Provide proof or stop acting like you're word is law.
 
Seriously...all this argument over a $20 game...get a life people. :p haha

Anyway...no cancellation email yet, but got the $5 gift card.
 
The $5 GC seems generous. I'm content with that.

If you thought this wasn't coming, you may be an idiot.
 
be thankful B&N gave you $5 for your so called "trouble" GS wouldn't given you shit.
 
They must have been taking a huge loss at 20 dollars to give out 5 dollar gift cards instead of just selling it to keep customers happy.

I knew I should have ordered a lot more than 1, like 8 perhaps. :)
 
I didn't buy one of these deals myself, but I imagine, somewhere during the course of your purchase, you clicked "I agree" or something similar, which bound you to B&N's terms.

If you didn't, then I am wrong, and you may have a case.

It's not there so consider yourself pwnt. Even if there was a clickbox the enforceability is debatable.

if the website terms aren't enforceable, then which ones are?

The enforceable terms are those that the buyer and seller contracted for, plus gap-fillers for terms the contract didn't address. So in this situation, the buyer accepted the seller's offer on price, shipping terms worked out during checkout, etc. The site terms aren't part of the contract because B&N never does anything to bind the buyer to them. The physical equivalent would be walking into a travel agency, signing a paper contract for a trip, and then having the travel agency try to assert that other papers sitting on a rack behind the desk were part of the contract despite never being signed or referenced within the actual contract. Do you really think just putting a "terms" html link at the bottom of a webpage makes it part of a contract?

Admittedly there's one school of thought that says that the website order placed by the buyer is actually the offer, which the seller then accepts by shipping the goods. As far as I'm aware though the majority view regards website prices as offers and orders as acceptances. But again, the website terms don't have anything to do with enforceability unless they're part of the contract.

Funny, because a lot of e-tailer terms are applied to physical stores. Especially those regarding this situation here. If BN had put out some big add stating that BC2 was $20 then you argument would have ground. However, they did not. There is NOTHING that forces them to honor price mistakes. I asked you to provide proof otherwise before and I'm asking it again. Provide proof or stop acting like you're word is law.

This is completely incoherent. At any rate, if you want proof you need look no further than whatever version of Article 2 of the UCC your state ratified. Do some reading on unilateral mistakes and mutual mistakes. A game on sale for $20 would not be a large enough unilateral mistake in most states to put the buyer on notice that the offer is an error. Games go on sale for $20 all the time, and while we might instantly recognize the error because we know Gamestop is a douchebag company that rarely has good sales, courts don't use an "educated forum poster" standard to evaluate contract mistake. They use a "reasonable person" standard, like your non-gaming mother for instance. If she had gone to B&N to order BF2 for you as a gift, chances are that she wouldn't have realized the price was a mistake. And when a reasonable person would not realize that an offer was in error, it's usually enforceable.
 
i still got half a bucket of popcorn and $20 in my pocket... who wants some crunchy time passing goodness?
 
Seriously...all this argument over a $20 game...get a life people. :p haha

Anyway...no cancellation email yet, but got the $5 gift card.

WRONG, its over a 49.99 + tax game that people might have gotten for $20.

that $30+ could buy 30 double cheeseburgers.....THIRTY.....or one tank of gas.

got my $5 gift card, hoping to not see that cancellation email. although I could just use that $5 towards the game since I was gonna get it anyways.
 
I had a pending charge on my credit card ever since I had placed my pre-order. That pending charge changed this evening and since has been removed completely. It's just another sign that the order will be completely canceled and voided. I still haven't recieved an official e-mail stating the cancellation so there's still hope... ;)
 
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