MacMall macmall (ebay id) did not honor "daily deal" sale price Memphis, Tennessee

macmall in conjunction with ebay advertised a 32 GB Motorolla Xoom Android tablet (MPN: 00001NARGNLX; MacMall Part No: 322425) for sale as a "Daily Deal" promotion on the homepage of ebay advertising the item for $499 with free shipping.

The item (ebay item number 250829943160) was listed as "Buy Now" with more than 10 available in stock. I purchased one tablet and made immediate payment with PayPal as is required by ebay for "Buy Now" purchases.

After waiting 5 days, I contacted macmall via email through the ebay website to inquire if my order had been shipped and if so, could I have a tracking number. I received an email back within 24 hours from John Zachary Ronas, a Customer Service Representative for MacMall which stated "We regret to inform you that your order is in backorder status due to unavailability of the product. Kindly inform us if you wish to proceed with the order or cancel the transaction for full refund."

Aside from the obvious lapse in judgement for them to oversell or even list an item they did not have in stock, they should have contacted me and/or canceled the order with an apology - if that was in fact the case.

A look at their ebay store shows that they are selling the same item with a slightly different title, though obviously the same as evidenced by the Manufacturers Part Number (MPN) and MacMall Part Number and duplicate images and description (See ebay item 280691699008) for the full MSRP of $599 and again, there is a qty of more than 10 available and the listing doesn't expire for another 29 days.

I've tried to call their 24/7 'dedicated ebay number' which results in either me being disconnected immediately or being put on hold by their automated system for a few mins before being disconnected.

Either macmall is fraudulently selling items that they don't actually have for sale which is a violation of ebay's terms of service or they are unwilling to honor a sale price that they advertised. Either way, I will never do business with this company again and I would advise others to avoid them as well. Their business practices are underhanded and unacceptable.