padremurph
New member
- Aug 7, 2010
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Here's my stupid input. Topps should keep draft as hobby only. It was working well and didn't cause any problems like this.
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I have a question... On other products that feature hobby/jumbo (Topps S1, S2, update, Bowman), do distributors usually allocate on those releases? I figured that they did and that's why the big breakers always ordered through a retailer to get all jumbos. I am a mid-sized breaker that always goes through Atlanta.
Here's my stupid input. Topps should keep draft as hobby only. It was working well and didn't cause any problems like this.
Actually, I am 100% with you. Why ruin a GREAT PRODUCT. I think it is ridiculous for them to make Jumbo. What was the need? I have been saying this same thing since the day the information was released.
You may not be happy with Topps, but doesn't Panani and UD also play games with their distribution systems and high map prices
Topps at least has been ADDING content to their products and the stuff is going up on all their sealed wax this year for most part
Not to mention, Topps didn't have to make Jumbos anyhow. They were trying to spice it up and make it better with more content and demand for a weaker draft class. So we complain about them making something better. Many weren't ordering it as it stood before Jumbos announced, so...
Interestingly, no one but Leatherman has touched on the legal issue, and he was misinformed in his conclusion.
BO & ATL and the other major sellers have formed a contract with the buyer. There was an offer (i.e. "I will sell you a case of Bowman Draft 2012 jumbo product at $XXXX) and there was acceptance (i.e. "I will accept that offer, and I will pay you XXXX now and XXXX later (or XXXX later and nothing now).
There was no misunderstanding; there was a clear meeting of the minds. This is contract law 101. The only way to have this contract nullified is if there was a mistake (there wasn't), one of the parties was a minor (and as such, it is a voidable but not void contract), or it is an impossibility to fulfill the contract (i.e. Topps does not produce 2012 Bowman Draft, or any Bowman Draft Jumbos).
While the retailers may not receive as much product as they may want, there are other avenues for them to fulfill the Jumbo orders -- dealernet, other vendors, etc).
Depending on how much individual buyers want to hold their feet to the fire (and possibly cost themselves future purchasing opportunities), the retailers ARE OBLIGATED FROM A LEGAL STANDPOINT to follow through at the agreed upon price.
This would make an interesting class action suit. This is truly a very simple concept -- and if the street value of Jumbo cases goes from, say, $1500 (contract price) to $2500 on release date, the retailers who don't come through owe their customers, at a minimum, $1,000 each.
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There is a lot to consider -- the human factor, the ability to keep these retailers in business, the fairness factor -- and I am in no way stating that each buyer should try to hold the retailer's feet to the fire -- you want these companies to stay in business for competition and the good of the hobby -- but it doesn't mean the individual buyer should be screwed either.
SHould be interesting to see how this plays out. A similar situation happened many many years ago with 2001 Bowman Chrome, I believe -- Sportscard Warehouse - on the Beckett Board. I had a long talk with the owner at that time as to how to handle pre-sells. Then, despite that advice, SWC just went downhill from there....
Not sure this would ever stand unless said persons PAID for the cases. I know Josh told me (and I am a large customer of his) and most others I talked to that he could not commit to any cases until allocations come. Most folks did not even put a deposit down unless they got it thru the web site on the first day as it was the only day he had it up, and then he took it down.
But again, Topps didn't give their direct distributors the info they needed early on. Plus most of those who did come out of the wood works were doing so just to flip the sealed jumbo cases, which is their right, no doubt. But the newest customers to the long-time customers are all being treated identically the same which I feel is only fair. And I would think I would have just as big a gripe as anyone since I placed my order before anyone according to Josh as he calls me when he gets product info in and I consistently buy large qty....not saying I am entitled, but saying I have a right to be upset too, but what can we do...it's only cards. I know Josh outside of cards, and he is an honest man, and I know he is hurting because of all of this too.
He is also selling the jumbo cases at the same pre-sell prices now as he did then if you get the 6 hobby cases, so he is not jacking his very limited qty of those up.
Also it is worth noting, the web site says they reserve the right to change/cancel for any reason...blows, but BO and others say the same thing.
That's crap! In this business if you presell you come through. Even if you take the hit...