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JR Cigars conducts an auction on their wed site. I bid on a box of cigars and won the bid. Days later I get a phone call stating I would not be receiving the cigars as they were "out of stock". How can a company put an item on auction (which lasted a week) and then not honor the results. I did bid MORE that the minimal price. They advertised a quantity of 100 boxes and I was #15 on the bid list. An item should never be put on auction unless it is in stock. Since they screwed up a rain check should be offered. I believe that I will be taking my business elsewhere.
The complaint has been investigated and resolved to the customer’s satisfaction.
They probably have some fine print to cover this, but what you describe is not fair. Legally you were obligated by your bid to purchase the product for the stated price. For JRs to claim, after conclusion of the bidding under the ground rules set for the auction, that they do not have to honor their end of the bargin would be a factor that rendors the entire process as lacking in the rquired mutuallaility of consideration necessary for a valid contract. This would potentially mean that a "winning" who changes his mind could back out, though after entering credit card information there would be an uphill battle. Consideration has to be existant on both sides. The law does not require consideration to be fair or equal, but there must be some binding consideration from each party for their to be a valid contract. To turn it around and examine your end, if you win a bid for a box of cigars for $30, you cannot claim that you are out of money and do not have $30. You can claim this and if they do not have good credit card info on you, I doubt they would come after you to enforce an auction, but legally you would be in breach.