Nvidia cards official resellers are asking a possible adjustment of payment to users who ordered and payed the cards before 2021

[Fr3Dd13]

an official gygabite reseller in my country is saying that he will ask me other money on top of what i've  paid  in December 2020 

 

(950 euros with is relative pre-invoice ) for the 3080 rtx  i've ordered because  gigabyte is gonna higher the price 

 

anyone with the same problem?

[Skiiwee29]

sounds shady to me if they want to change there prices after you already paid the price set previously. 

[Zodiark1593]

Figured by now they’d have just cancelled the pre-order and given the middle finger. 

[Levent]

Isn't this illegal? If you paid for a product and they weren't able to fulfill your order in time and price of the product increased since then, isn't that on them?

[.Apex.]

15 minutes ago, Fr3Dd13 said:

an official gygabite reseller in my country is saying that he will ask me other money on top of what i've  paid  in December 2020 

 

(950 euros with is relative pre-invoice ) for the 3080 rtx  i've ordered because  gigabyte is gonna higher the price 

 

anyone with the same problem?

Are you sure it's not a scam? That sounds ridiculous, you shouldn't have to pay any more than what was already settled during pre-order, 950 euros is already overpriced.

 

How did you receive this message from them? if it's by email then recheck the address and make sure it's official, but don't accept it either way. 

[D13H4RD]

Double check to make sure this isn't a scam.

 

If you've already paid for the product, then they should honor the price that you paid for.

[Eigenvektor]

11 minutes ago, Levent said:

Isn't this illegal? If you paid for a product and they weren't able to fulfill your order in time and price of the product increased since then, isn't that on them?

You'd have to look at the order confirmation to see how they've worded it. E.g. on an email from Amazon it says this at the bottom:

Quote

This e-mail is only an acknowledgement of receipt of your order. Your contract to purchase these items is not complete until we send you an e-mail notifying you that the items have been dispatched.

Not a lawyer, but aren't they essentially saying: We haven't signed a contract yet. This won't happen until we've dispatched the goods.

 

Meaning they could change the price afterwards and ask for more saying that no contract to sell at that price was actually signed yet?

[Heliian]

21 minutes ago, Eigenvektor said:

You'd have to look at the order confirmation to see how they've worded it. E.g. on an email from Amazon it says this at the bottom:

Not a lawyer, but aren't they essentially saying: We haven't signed a contract yet. This won't happen until we've dispatched the goods.

 

Meaning they could change the price afterwards and ask for more saying that no contract to sell at that price was actually signed yet?

Depends on the country and consumer protection laws.  

 

Most places you cannot just ask for more money once an agreed upon price has been paid. 

 

In this case, they want you to either blindly pay the extra or cancel your order so they can then charge some other sucker the higher price. 

[minibois]

19 minutes ago, Eigenvektor said:

Not a lawyer, but aren't they essentially saying: We haven't signed a contract yet. This won't happen until we've dispatched the goods.

Meaning they could change the price afterwards and ask for more saying that no contract to sell at that price was actually signed yet?

There have been cases where I live, where a store had to honor the price set on their website, even though that price was way too low.

At least here, stores are only protected from honoring the price if it's an 'obvious mistake' (i.e. forgetting a 0, so the price is $100 instead of $1000 or misplacing a decimal point in the wrong spot, so the price is very low).

 

Depending on the precedent set in the country, the price listed on a website and OP clicking "buy" might be seen as a contract.

Of course the store might know, this price/contract can only be questioned in the legal system, so are probably hoping for:

a. hoping the customers will just pay

b. hoping customers will just cancel their order

and of course they hope the customer will avoid option c. say you want to original price.

 

On topic: graphics card prices have surged, at the suppliers and stores. It really really sucks they now raise the prices. From a personal standpoint, I hate this. From a business standpoint, I also understand it.

Hindsight is 20/20, but the store should've not listed prices and cards if they knew they didn't have a clear roadmap on when cards would be available.

 

To OP: contact the local customer protection agencies and get their expertise, mainly relating to the precedent set towards prices on a website being a valid contract or not.

[Fr3Dd13]

40 minutes ago, .Apex. said:

Are you sure it's not a scam? That sounds ridiculous, you shouldn't have to pay any more than what was already settled during pre-order, 950 euros is already overpriced.

 

How did you receive this message from them? if it's by email then recheck the address and make sure it's official, but don't accept it either way. 

it's not a scam i'ts an OFFICIAL GIGABYTE reseller listed on their site i've bought  also the 1660ti oc  with a preorder years ago 

[TetraSky]

23 minutes ago, Eigenvektor said:

Not a lawyer, but aren't they essentially saying: We haven't signed a contract yet. This won't happen until we've dispatched the goods.

 

Meaning they could change the price afterwards and ask for more saying that no contract to sell at that price was actually signed yet?

The difference, is that with Amazon, they don't charge you until they actually send the item.

With OP, they got charged already from what I am understanding here.

The store charged them, meaning in most countries with consumer protection laws, they cannot demand more money even if the price changed.

 

@Fr3Dd13 I'd suggest calling your local/national consumer protection agency to know what they have to say about it.

[Fr3Dd13]

4 minutes ago, Heliian said:

Depends on the country and consumer protection laws.  

 

Most places you cannot just ask for more money once an agreed upon price has been paid. 

 

In this case, they want you to either blindly pay the extra or cancel your order so they can then charge some other sucker the higher price. 

yeah exactly i can have my money back no problem

i could ask help to my local consumer agency but it will not get me the board when available loosing my spot in queue

[Eigenvektor]

14 minutes ago, Heliian said:

Depends on the country and consumer protection laws. Most places you cannot just ask for more money once an agreed upon price has been paid.

That's why I said OP has to look at their order confirmation email, to see how it is worded. I live in Europe and I like to think we have fairly strong consumer protection laws.

 

The issue is that the email is essentially saying: Nothing has been agreed upon, until we send the goods. Before that, they've simply confirmed your order, nothing more. They have not accepted your order until they ship the goods.

9 minutes ago, TetraSky said:

With OP, they got charged already from what I am understanding here.

Again, we'd have to see the emails to see what the seller actually agreed to and whether they charged money or OP has sent them money and they're still saying: Contract is completed once we ship, before that time you can always ask for your money back.

 

~edit: Just for the record, I'm not saying the seller is right to ask for more money. It's even possibly they'd lose if you sued them or whatever. They're probably banking on most people folding right away and if you start to fight back they'll simply cancel and sell to someone willing to pay more.

[Uttamattamakin]

1 hour ago, Fr3Dd13 said:

an official gygabite reseller in my country is saying that he will ask me other money on top of what i've  paid  in December 2020 

 

(950 euros with is relative pre-invoice ) for the 3080 rtx  i've ordered because  gigabyte is gonna higher the price 

 

anyone with the same problem?

I'm not a lawyer so I'll just give this advice try to hire a lawyer.  Keep looking for others who have also dealt with this reseller, or other resellers, and see if you can sue them for breach of contract. 

 

A pre-order, at least in the USA, is like a futures contract or a short sale.  They agree to sell  you100 bushels of oranges for April delivery if you pay for them in January.  If they don't have the oranges then they have to buy them on the open market to cover the contract.  

They pre sold those cards and now they can't cover.  They eat the cost you get a card or you get your money back. 

[Zodiark1593]

8 hours ago, Uttamattamakin said:

you get your money back. 

The last bit isn’t a problem, and in the current climate, Gigabyte would refund in a heartbeat over delivering a card well under current going prices. 
 

However, a refund isn’t what OP is after. He wants the card at the advertised price. I’d probably fight the reseller tooth and nail to get them to deliver. 

Edited February 28, 2021 by Zodiark1593
Corrected: Manufacturer swapped with reseller

[Uttamattamakin]

1 hour ago, Zodiark1593 said:

The last bit isn’t a problem, and in the current climate, Gigabyte would refund in a heartbeat over delivering a card well under current going prices. 
 

However, a refund isn’t what OP is after. He wants the card at the advertised price. I’d probably fight the manufacturer tooth and nail to get them to deliver. 

The reseller is the issue not Gigabyte.  The reseller, or "broker"  if you will, is the one with whom they have a contract.  They are now either breaching that contract or they have a contract with terms no one should ever agree to.  

 

Any reasonable pre order contract would provide for either delivery of the product or a refund after the price has been settled and the contract paid up. 

One way that a business or professional could manage this situation would be to ... pre order and pre pay a premium price ... for guaranteed delivery of a card at some future date.  The broker could then profit by buying the card at a latter point at the lowest price they can.  Then pocket the difference. 

 

What the OP is seeing is a reseller who wants to milk them for even more profit but not deliver a product.  That really should not be legal. 

 

 

[Applefreak]

3 hours ago, Fr3Dd13 said:

an official gygabite reseller in my country is saying that he will ask me other money on top of what i've  paid  in December 2020 

 

(950 euros with is relative pre-invoice ) for the 3080 rtx  i've ordered because  gigabyte is gonna higher the price 

 

anyone with the same problem?

What country and what reseller would that be? I mean, you can ask politely for anything but I would ask politely to you know what and that's that. I'd contact GigaByte directly and have them sort it out. I've had good experiences with them over the years, I doubt those practices are tolerated by the brand.

[LogicalDrm]

19 hours ago, Fr3Dd13 said:

it's not a scam i'ts an OFFICIAL GIGABYTE reseller listed on their site i've bought  also the 1660ti oc  with a preorder years ago 

That doesn't really mean anything else than that they get product directly from Gigabyte, not some other wholesale/importer. Gigabyte has no other connection, they aren't responsible of decisions made by retailers they are in agreement with. Its really only direct supply and usually also direct warranty service.

 

19 hours ago, Fr3Dd13 said:

yeah exactly i can have my money back no problem

i could ask help to my local consumer agency but it will not get me the board when available loosing my spot in queue

So don't cancel. Contact the consumer protection, explain what the situation is and what you want out of it. Which is the product with the price you paid and were advertised to get it. The store may still have right to cancel order, but they sure don't have rights to demand more for it.

 

The only issue is if they cancel it on you. I didn't find anything in our consumer protection laws about this, which says that its rare occasion. I would need to contact agency to ask how thats supposed to go. So I'd advice you to contact them too. You don't need to go through with anything, but asking advice from professionals is always better than asking help here where you get 100 different interprets for laws not applied to you.

[Dutch_Master]

I concur with others, get sound legal advice locally. But as you're in the EU, if you have proof of payment in full, the shop has to honour their obligation to deliver the product at the price you paid. Period. Any price increases by their supplier is their problem, not yours. They made the sale to you at the time and had the product been available, nobody would ever have thought twice about it. In the likely event they then cancel your order, take them to court to force them to upheld your order and supply you the card they allotted you without any further delay. If that means they have to get your card back from the guy who paid more, then that's their problem. You have a strong case, especially if you already paid in full for the card, so threatening the shop with legal action may actually be beneficial in keeping your spot in the queue.

[Spicedaddy]

Retailers ask for the full amount to preorder, then they change the price. It's BS and the reason why I won't preorder one.

 

If the price can change, then just ask for a deposit!

[Blue4130]

1 minute ago, Sugadaddy said:

Retailers ask for the full amount to preorder, then they change the price. It's BS and the reason why I won't preorder one.

 

If the price can change, then just ask for a deposit!

That's what your payment is, a deposit. It just happens to be the msrp. There is no law that says a deposit must be a fraction of the full cost. The store can decide what amount to request as a deposit. 

[Spicedaddy]

Laws are different everywhere.

 

Deposits should be lower because they have no clue when the cards are coming.

[tkitch]

59 minutes ago, Sugadaddy said:

Laws are different everywhere.

 

Deposits should be lower because they have no clue when the cards are coming.

your opinion.  And that has as much weight in law as the paper its written on.

[Spicedaddy]

Actually it has as much weight as your opinion. 

[Blue4130]

7 hours ago, Sugadaddy said:

Laws are different everywhere.

 

Deposits should be lower because they have no clue when the cards are coming.

The key word in your statement is should. They don't need to be lower. I agree with you that it is extreme to pay full msrp as a deposit, but it's their decision, they have every right to do so.