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PreSales vs Sales Is one considered to be a inferior or second class to the other?

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JohnVail

New member
State of Florida.

If a company were to take Presales orders then at a later date once the products are in hand, take regular sales orders. Fulfilling the current sales first while not delivering the product to those who provided money under the PreSales, essentially treating the PreSales customers like second class citizens. ( Think of Charlie Sheen saying to an audience member who was disappointed in paying to see him on stage " Dude, I've already got your money"

Would this open them up to lawsuit or run afoul of the law?

Basically certain customers who believe in the company and product spending money with a promise that the product will be available for them at a later date then having those products sold first to a new group on people willing pay for the product when its ready in hand.

Common sense of fair dealing would say that the customers who Pre-purchased the items would have at least equal if not better standing vs the newer customers since they provided their money to the company in advance and interest free.

Thanks.
 


Zigner

Senior Member, Non-Attorney
This is not illegal, but it may be a contractual issue.

EDIT: Was there a promise made of earlier delivery for the presale folks?
 

zddoodah

Active Member
Would this open them up to lawsuit or run afoul of the law?
Depends on the terms of the contracts made between the seller and the presale buyers. What do those contracts say about fulfillment of the orders once the product is in hand? Also, the facts are incomplete. you wrote that the seller is "[f]ulfilling the current sales first," but that doesn't tell us anything about timing. For all we know, it means that the seller had the products in hand on Day 0, fulfilled the current orders on Day 1 and fulfilled the presale orders on Day 2. You also told us that the seller is "treating the PreSales customers like second class citizens," but it's not clear whether that's only based on the fulfillment prior issue or if there's more to it (or otherwise what that means). Also, what sorts of products are we talking about, and what damages (if any) have the presale buyers suffered as a result of the issue raised?
 

adjusterjack

Senior Member
Common sense of fair dealing
Fair is where you go on rides and eat cotton candy.

Your situation is a contractual issue. What does the pre-purchase agreement or terms of service say?

More important, is this actually happening to you where you pre-purchased something that you haven't received despite the product being available?

If yes, what steps have you taken with the seller to resolve the issue?
 

quincy

Senior Member
State of Florida.

If a company were to take Presales orders then at a later date once the products are in hand, take regular sales orders. Fulfilling the current sales first while not delivering the product to those who provided money under the PreSales, essentially treating the PreSales customers like second class citizens. ( Think of Charlie Sheen saying to an audience member who was disappointed in paying to see him on stage " Dude, I've already got your money"

Would this open them up to lawsuit or run afoul of the law?

Basically certain customers who believe in the company and product spending money with a promise that the product will be available for them at a later date then having those products sold first to a new group on people willing pay for the product when its ready in hand.

Common sense of fair dealing would say that the customers who Pre-purchased the items would have at least equal if not better standing vs the newer customers since they provided their money to the company in advance and interest free.

Thanks.
Did the presale purchasers receive the products they ordered?

Was there a difference in how these products were distributed to purchasers (e.g., shipping versus in-person pickup)?

Products that are offered pre-purchase are often offered that way so the seller of the product can better estimate the demand for the product and, therefore, tailor the size of the product order to this demand. Few sellers want more of a product on hand than customers wanting to purchase the product.

Generally, pre-purchases are merely purchases that are reserved (set aside) for those who pre-purchase, so these purchasers are guaranteed the product, while the rest of the order can be sold to anyone.
 

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