Is this legal from Bucherer?

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Lovely piece, it certainly would be interesting to hear what they had to say. You could always drop into the conversation about a recent post you saw....:whipped:
 
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Wow! Just wow!
Actually I'm on Bucherer's list for a Rolex Yachtmaster. They called me yesterday but I didn't feel like answering as I've read your thread a couple of hours before their call.
After reading your update, it is clear to me that I won't get my Rolex from Bucherer. Actually I'm just asking myself if I really want to get a brandnew Rolex...

That's the watch I'm on the list for:
it's a great piece in itself but not at the cost above retail or the bucherer proposition. I've always felt buy what you really want but stop if more is required.
 
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Lovely piece, it certainly would be interesting to hear what they had to say. You could always drop into the conversation about a recent post you saw....:whipped:

Thanks!
No offense intended, but I don't see any possible benefit neither for you nor me from mentioning your story.
Plus, as a matter of fact, I don't agree with how they seemingly treat their customers. They even defended their behaviour afterwards in their email...

Why should I spend big bucks there if I can get the same piece somewhere else?
I'm in no rush, and I have definitely put my Yachtmaster-project on ice for the moment.
 
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So I received a response today from my email explaining our disappointment and how my wife was in tears when we left the store. I asked for an explanation and as to whether this was Bucherer's policy?
The ass manager replied inc...
"Rolex proffesional pieces are extremely difficult to obtain. When we receive stock we look to appreciate existing clients who have registered their interest and support our business.
The Carl F Bucherer proposition that we discussed really supports the business and would bump you up to the front of the list as we are always looking for watch lovers to be an early adaptor of the brand. The proposition of you purchasing the lady's DJ is just not a strong enough proposition to get you to the top of the register and we are obligated to look after the other pre-existing clients first

As it stands if there is no middle ground then you will have to wait your turn for the piece to be available

Kind regards

You realize they just put into writing a violation of their resellers agreement with Rolex.
 
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You realize they just put into writing a violation of their resellers agreement with Rolex.
Excuse my ignorance, but can you explain as you will probably be able to highlight better than I. I know what they have done and what they are saying is wrong but I just need to know how to word it
Thanks
 
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Excuse my ignorance, but can you explain as you will probably be able to highlight better than I. I know what they have done and what they are saying is wrong but I just need to know how to word it
Thanks
My understanding is their resellers agreement with Rolex forbids the practice of requiring to buy another piece.

I believe Rolex has publically stated this is not allowed.

stores that are in violation can loose the ability to resell or face reduced allocations of watches.
 
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My understanding is their resellers agreement with Rolex forbids the practice of requiring to buy another piece.

I believe Rolex has publically stated this is not allowed.

stores that are in violation can loose the ability to resell or face reduced allocations of watches.
Thank you, this is very interesting 😀
 
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If anyone wants to read a very old Rolex Reseller Agreement, you can look here:

https://www.sec.gov/Archives/edgar/containers/fix031/817946/0003.txt

This from Mayors at a time when the company was publicly traded (ca. 2000).

I don’t see anything in there that prohibits the practice of making or keeping waiting lists.

Then again, this agreement is almost 20 years old. gatorcpa


Hmm this does seem to state otherwise.
https://m.rolex.com/footer/terms-of-use.html

I’ll keep searching.
 
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Wow! Just wow!
Actually I'm on Bucherer's list for a Rolex Yachtmaster. They called me yesterday but I didn't feel like answering as I've read your thread a couple of hours before their call.
After reading your update, it is clear to me that I won't get my Rolex from Bucherer. Actually I'm just asking myself if I really want to get a brandnew Rolex...

That's the watch I'm on the list for:
I think you should call Bucherer, speak to the manager, and let him know that one of your friends was poorly treated by them (and him directly) and that you are no longer interested. And further you plan to tell everyone who is interested that will listen to avoid their stores.
Edited:
 
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😕
gatorcpa

Isn't this the key quote from Foo's link?

"Official Rolex Retailers are at your service should you need any advice. Only they are authorized to sell new Rolex watches, and independently manage the allocation and sales to their customers."
 
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I am not sure what the consumer laws are, and it would depend on exactly what was stated in past encounters, but it might be argued that you had a verbal contract, and they changed the terms. It isn't exactly a "bait and switch" (usually prohibited by consumer laws) but it's pretty close.
Some states do have consumer fraud statutes (and some of them allow double or treble damages); but I don't think they apply to simple breaches of contract without some overt fraud.

I believe it's an ordinary Contracts issue. Leaving aside any evidentiary issues of proving who said what and assuming, for the sake of discussion, that none of the facts is disputed, if they agreed to sell you a specific watch model for a specific price, you have an enforceable contract to purchase that watch for that price. However, for a binding contract to exist, it must be bilateral, which means you also had an obligation to go through with the purchase once the watch came in and couldn't have simply changed your mind in the interim. That's not usually the case in retail sales, at least not without something in writing and a non-refundable deposit. Otherwise, they could sue you for their anticipated profit if you backed out of the deal.

The other (bigger) problem you have is there are no damages unless you ended up buying the same watch for a higher price elsewhere. If you do buy the same watch elsewhere for more money, in theory, your damages would be the difference in price that their breach of contract cost you, which is known as the "benefit of the bargain." In the real world, the facts would likely be in dispute because they probably wouldn't admit to having agreed to sell you that watch for a specific price and you'd be unlikely to convince a judge that they did if it's just your word against theirs.

So, let's say the offer and acceptance were memorialized in writing, such as in emails, creating an enforceable binding bilateral contract:

Even if you could prove it, I've seen small-claims-court arbitrators rule in favor of the claimant as to the refund where the seller breached the contract, but then flatly refuse to even consider the benefit of the bargain, even where the plaintiff won the case (for the refund) and had receipts proving that the price agreed to originally was substantially less than the exact same product or services procured elsewhere by the aggrieved party, and necessitated directly because of that breach of contract by the seller. I've also seen them award the benefit of the bargain in indistinguishable cases.
Edited:
 
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You are 100% correct. When I was in store and discussing the purchase, I explained that the additional piece was not to my taste, the conversation went straight to financial, he actually quoted how much the LV was being offered for on the grey, and that is what was required and I would actually benefit from not buying on the grey as I was gettin 2 pieces! I couldn't believe my ears 🙁
🤨
Speechless. I used to think Bucherer is a decent company, true colours they showed here won them a medal.
 
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So I received a phone call today and basically I explained that I had shared this post and reported to him the comments and advice. He stood by his guns and stated that he never actually refused to sell me a Rolex but to get it within the time frame required me to be bumped up the list which meant purchasing another piece. He also stated that he is happy to keep me on the list?...... 😝 Apparently the instruction came from the directors and is not uncommon practice.
 
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So I received a phone call today and basically I explained that I had shared this post and reported to him the comments and advice. He stood by his guns and stated that he never actually refused to sell me a Rolex but to get it within the time frame required me to be bumped up the list which meant purchasing another piece. He also stated that he is happy to keep me on the list?...... 😝 Apparently the instruction came from the directors and is not uncommon practice.
It really is amazing how these brick & mortar companies still think they can do business like this and have a future. I don't see Bucherer making it through the next decade.
 
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So I received a phone call today and basically I explained that I had shared this post and reported to him the comments and advice. He stood by his guns and stated that he never actually refused to sell me a Rolex but to get it within the time frame required me to be bumped up the list which meant purchasing another piece. He also stated that he is happy to keep me on the list?...... 😝 Apparently the instruction came from the directors and is not uncommon practice.
Tell whoever he is to go fυck himself with his rolex.
 
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I still believe that you should document all of this and publicise it in the local and national press in your area. Just keep the facts straight and ask for their views on whether their processes are ethical?

You can copy the letter to Rolex, in fact copy it to everyone with a vested interest, the more people who see this the better.

I am sure that many other AD's are doing this, but it is about keeping the knowledge away from the customer, be explicit tell the customer that it will be a long wait, very long in fact, but never ever string the customer along and then drop the bombshell, just doesn't work.

My AD operates this way and does expect customer to buy something first but doesn't tell them, but the AD will supply you an individual watch but only when all those customers who have bought something else have been supplied, and as that list never really gets any shorter, getting the watch is almost impossible.

As I bought my DJ41 I am now entitled to buy anything else, just have to wait bit, if I buy the wife the DJ36 she wants, that wait time will come down. My issue, don't know which watch I want from the 'hot list'.