My order is cancelled. What should I do?

liv4spd · March 21, 2024, 06:37 PM

Just ordered a Beretta 92X Centurion with a caliber of 9mm. Two days after the order, the seller sent me an email saying that he actually only has a 22LR version, and the description on the website was inaccurate, and subsequently cancelled my order.

I thought the order was a bilateral contract. Is that correct? What can I do in this situation? Thanks.

gc70 · March 21, 2024, 07:34 PM

Assuming your order was placed over the internet, you probably have no recourse for your cancelled transaction. Most websites have disclaimers regarding website inaccuracies, such as inventory errors. I picked a firearms seller (Tombstone Tactical) and the relevant section of their Terms and Conditions are quoted below.

Quote:

Website Disclaimer

Our inventory changes rapidly. While we make every attempt to make sure the information on our website is correct, Tombstone Tactical will not guarantee that titles, pictures, or descriptions on our site are error free. We reserve the right to cancel any order including but not limited to orders for items with errors in the price or description. In the event that an order is cancelled, we will not charge the customer and we will return funds in full if payment has been sent.

liv4spd · March 21, 2024, 08:05 PM

Quote:

Originally Posted by gc70

Assuming your order was placed over the internet, you probably have no recourse for your cancelled transaction. Most websites have disclaimers regarding website inaccuracies, such as inventory errors. I picked a firearms seller (Tombstone Tactical) and the relevant section of their Terms and Conditions are quoted below.

Good to know. Thanks.

L-2 · March 21, 2024, 08:11 PM

https://www.law.cornell.edu/ucc/3/3-418
Post 1, typically, any monies paid are refunded and at that point, there are no damages incurred.
A mistake-of-fact can allow either party to nullify or cancel a deal/contract/agreement.

What Can One Do?
Generally, the buyer can take the business elsewhere to obtain a desired product. There seem to be many 92X Centurion 9mm guns on GunBroker at various prices.

TunnelRat · March 21, 2024, 08:13 PM

Assuming you were refunded the full amount, I’m not sure I understand the “what can I do” comment. Are you expecting to force them to send you a pistol that they don’t have?

Edit: if what you’re saying happened is that the company misprinted the price on a product they have in stock, completed the sale with you, and the retracted the sale, maybe there is something you can do, but I’m not a lawyer.

MC 1911 · March 22, 2024, 05:16 AM

Agree with TunnelRat. You ordered a 9mm,they only had the .22 so they cancelled the order and refunded your money. Sounds like they did the right thing.

BarryLee · March 22, 2024, 05:42 AM

Lucky they didn't hold your money for eight weeks while they wait for the 9mm to arrive in stock.

lee n. field · March 22, 2024, 07:14 AM

Quote:

Originally Posted by liv4spd

Just ordered a Beretta 92X Centurion with a caliber of 9mm. Two days after the order, the seller sent me an email saying that he actually only has a 22LR version, and the description on the website was inaccurate, and subsequently cancelled my order.

I thought the order was a bilateral contract. Is that correct? What can I do in this situation? Thanks.

Take your money, move on. Not that big of a deal.

March 21, 2024, 06:37 PM	#1
liv4spd Member Join Date: January 28, 2024 Posts: 93	My order is cancelled. What should I do? Just ordered a Beretta 92X Centurion with a caliber of 9mm. Two days after the order, the seller sent me an email saying that he actually only has a 22LR version, and the description on the website was inaccurate, and subsequently cancelled my order. I thought the order was a bilateral contract. Is that correct? What can I do in this situation? Thanks.

March 21, 2024, 08:11 PM	#4
L-2 Senior Member Join Date: September 8, 2004 Location: Nevada Posts: 523	https://www.law.cornell.edu/ucc/3/3-418 Post 1, typically, any monies paid are refunded and at that point, there are no damages incurred. A mistake-of-fact can allow either party to nullify or cancel a deal/contract/agreement. What Can One Do? Generally, the buyer can take the business elsewhere to obtain a desired product. There seem to be many 92X Centurion 9mm guns on GunBroker at various prices. __________________ (former) Glock Armorer 1911 Armorer LEO (retired)

March 21, 2024, 08:13 PM	#5
TunnelRat Senior Member Join Date: May 22, 2011 Posts: 12,212	My order is cancelled. What should I do? Assuming you were refunded the full amount, I’m not sure I understand the “what can I do” comment. Are you expecting to force them to send you a pistol that they don’t have? Edit: if what you’re saying happened is that the company misprinted the price on a product they have in stock, completed the sale with you, and the retracted the sale, maybe there is something you can do, but I’m not a lawyer.

March 22, 2024, 05:42 AM	#7
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	Lucky they didn't hold your money for eight weeks while they wait for the 9mm to arrive in stock. __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

March 22, 2024, 05:16 AM	#6
MC 1911 Senior Member Join Date: February 19, 2011 Location: Virginia Posts: 373	Agree with TunnelRat. You ordered a 9mm,they only had the .22 so they cancelled the order and refunded your money. Sounds like they did the right thing.