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March 21, 2024, 06:37 PM | #1 |
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Join Date: January 28, 2024
Posts: 93
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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, 07:34 PM | #2 | |
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Join Date: May 24, 2005
Location: North Carolina
Posts: 2,903
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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.
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March 21, 2024, 08:05 PM | #3 | |
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Join Date: January 28, 2024
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March 21, 2024, 08:11 PM | #4 |
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Join Date: September 8, 2004
Location: Nevada
Posts: 523
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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.
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March 21, 2024, 08:13 PM | #5 |
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Join Date: May 22, 2011
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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, 05:16 AM | #6 |
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Join Date: February 19, 2011
Location: Virginia
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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.
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March 22, 2024, 05:42 AM | #7 |
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Lucky they didn't hold your money for eight weeks while they wait for the 9mm to arrive in stock.
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March 22, 2024, 07:14 AM | #8 | |
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