3 days cancellation right

[HausKat]

What is the name of your state (only U.S. law)? Arizona

Hello,

I had purchased a digitial phone online w/ ACN telecommunications in NC. I did read their terms and conditions prior to purchase where it states:

2.7.1 You have the right to return any initial order of a Device and cancel the Service within 3 days after ACN ships your order to you (“Cancellation Period”). To cancel, you MUST call ACN Customer Care at 888 414-1958. After the Cancellation Period, no Device may be returned by you for any reason without prior approval by ACN pursuant to Section 2.7.2 below. There is no Cancellation Period for upgrades or downgrades of service.

They stated to me before I purchased that they will send me notification of shipment. Well, they did and that e-mail I received was on Friday, 9/19th at 7:35pm. I called today at 1:00 to cancel thinking I was w/in the 3 days. ( I ordered this back in July 30th.) They said that it was too late because it was passed the 3 day buyers remorse time - because it was physically shipped on the 17th and that is what they go by for the 3 day.

My question is, how do we as a customer have the right to cancel a product w/in 3 days if we don't have any way of knowing when it actually shipped until they contact us? Then when they notify, they send the notification 2 days passed shipment date. Doesn't the 3 days happen when buyer is made aware and have the right to utilized their cancellation ability?

I have not even actually RECEIVED the product to date since it is still in route. I have never signed for it, etc. They won't budge on their terms and will charge me $200.00 cancellation fee. Any thoughts?