Time for Change!!!
Hello to all. New to the forum. Love Airguns. Also love reading the posts from everyone on the forums.
I appears that there are issues with certain retailers that always keep popping up. Why doesn’t everyone do something about it?
We as consumers have no right to complain if we are not willing to take action. Why should consumers be required to put up a deposit for an airgun and then wait two to three months without ever receiving the order? Because we don’t seek remedy against the Retailers doing this.
I started to research this after reading the post “Still waiting on mine”. There are countless laws that govern Internet and Phone order fulfillment. One that is most often abused is Rule 435. Rule 435 clearly states: For any consumer who places an order by phone or Internet and makes a payment (full or deposit), the Retailer has 30 days to ship the order. The clock starts ticking the day you place the order and make a payment or deposit. If the order is NOT shipped by day 30 the Retailer is required BY LAW to notify you regarding the delay and/or to make full refund of your payment.
This does not apply to: Orders placed without payment, special order or custom products. Also, if the Retailer is up front and offers a timeline of two to three months, they are only required to offer notification after the three month deadline. If the Retailer offers you a timeline for shipment (i.e. he tells you within two weeks the order will ship) he must comply with the two week deadline.
If the Retailer offers you a shipping deadline and does not have adequate inventory on hand or orders in place with expected timely delivery of merchandise he is in violation of the law. There are stiff fines levied to Retailer in violation of the law.
These links provides detailed information regarding Rule 435:
http://blog.acquitygroup.com/2009/08/06/back-orders-and-rule-435-compliance-breaking-the-law-breaking-the-law-breaking-the-law/
http://www.business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule
In addition there are certain Retailers who have complete disregarded for Federal and State laws related to Fair Business Practice that are in place to protect the consumer. Violation of these laws should not continue to go unreported. Retailers who monopolize certain brands by negotiating exclusive contracts with manufacturers hurts everyone. They minimize the number of retail outlets available to consumer and fix pricing levels well above what can be considered fair and equitable. In the end it is always US, the customer who ends up with the short end of the stick.
We the consumer can put an end to this. Please visit this site:
http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws
There are laws in place that dictate how Importers and Retailers have to conduct business. Penalties for violations of these laws are very severe. Here is just a small list of Antitrust Acts that have been in place for years that are meant to govern commerce here in the United States:
Price Fixing
Group Boycotts
Exclusive Dealing or Requirement Contracts
Refusal to Supply
Advertising products without adequate inventory to supply demand
Monopolization
Exclusive Supply Agreements
Refusal to Deal
If an Importer/Retailer continues to blatantly violate these laws, then everyone reading this needs to take action. One of the easiest ways to get things started would be to report violations. This is the link to a website that allows consumers to air their grievances:
https://www.azag.gov/complaints/consumer
If enough people are willing to take action we can put an end to these abusive practices. It only takes about 10 minutes of your time.
All Replies
Thanks for the clarification, John. I should have read his post more closely, but at the time it seem rather “universal” to me. Custom guns have always been problematic in the areas he discussed.
I, too, have no regards for store-front operations that make promises they can’t keep, especially American businesses. They know better, and I have little pity for them.
Hoot:
Think about that for a moment.
This action may be effective with large corporations, whose greed, and ever expanding need for greater profits is unending. However, with a one man operation, a man who has stated many times that when he ceases to enjoy what he is doing, he will simply stop doing it…then it is wise to leave well enough alone.
While “Cricket” bullpups have become a very large volume exporter of their goods, Edguns continue to be sold on a strictly “as available” basis. We buyers have accepted that fact. Ed continues to permit his product to come to the U.S., and other select parts of the world, on that basis.
When you purchase a unique, custom, hand-built air rifle from a one owner shop, you need to understand that he is doing you as much a favor selling you the gun, as you are doing him a favor by buying it from him. It’s a two way street. If you don’t like his business plan…you can always buy someone else’s bullpup. Ed could care less…he’ll still sell more Edguns than he can produce.
We have benefited in many ways by working with him, rather than trying to “force” him to do anything. In return, over the years, he has bent over backwards getting his air guns into our country by means both fair and foul. I’m not apologizing for the guy, it’s simply the way it is.
Hoot:
I do not think Legal Eagle is talking about Mr. ED I believe he is referring to Airguns of Arizona??? And their current deal for Crickets (you send them a deposit and MAYBE you get a gun sometime in the next 10 weeks…..) After waiting 7 weeks for mine and listening to their excuses ranging from 2 more days to another month, I did some checking and it turns out Airguns of Arizona is violating a few consumer protection laws.
Its one thing to wait for custom built guns (ED) or for a tuned gun (Tony, Ernest, etc…..) but to wait months for a off the shelf product after paying and have the importer give you every excuse under the sun is not right especially when other importers are having no issue getting said product. In the end I canceled my order and am now waiting for Tony to send me one of the Crickets he carries (should be here by the weekend :biggrinn: )
Ok. Edited, as the above post is regarding store front retailers, not custom builders.
Hoot:
- You must be logged in to reply to this topic.
Quit whining about it and hit them where it hurts.. :2cents: just cancel the order of empty promises and buy one from Tony at Talontunes… they are in stock now.. no waiting, top service.