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No delivery despite order confirmation?

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Rick2012

Junior Member
What is the name of your state (only U.S. law)? PA

On Cybermonday I ordered several items online from usa.tommy.com. An email saying that my order had been received was sent including an order number, item detail and shipping details. It also said my debit card had been charged with the amount on Nov 27th. The items were supposed to arrive within 10 days.

Since I didn't receive the package till today I called the customer service. I was told that this order had been rejected because of unknown reasons. Usually the customers would then receive a cancellation email. They were sorry that I didn't receive the correct email and offered me 20% on my next purchase.

Didn't we have a contract that creates an obligation for them to deliver the items and for me to pay? Do I have any consumer rights to claim for my order?

I'm glad about any thought about this issue.

http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? PA

On Cybermonday I ordered several items online from usa.tommy.com. An email saying that my order had been received was sent including an order number, item detail and shipping details. It also said my debit card had been charged with the amount on Nov 27th. The items were supposed to arrive within 10 days.

Since I didn't receive the package till today I called the customer service. I was told that this order had been rejected because of unknown reasons. Usually the customers would then receive a cancellation email. They were sorry that I didn't receive the correct email and offered me 20% on my next purchase.

Didn't we have a contract that creates an obligation for them to deliver the items and for me to pay? Do I have any consumer rights to claim for my order?

I'm glad about any thought about this issue.

http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule
They made a mistake, and they offered you a 20% discount to make a new order and presumably replace your order. What's the problem? Just replace the order, and get a discount on it to boot.
 

Rick2012

Junior Member
@sandyclaus: When I ordered the discount was 40%. Now they offer me 20% for a mistake they made. That doesn't sound like a good deal to me...
 

Mass_Shyster

Senior Member
Didn't we have a contract that creates an obligation for them to deliver the items and for me to pay?
You have a contract subject to the terms and conditions on their website that you agreed to when you placed your order. It seems those conditions, as posted on their website, permit them to cancel the order.
 

jiggy78

Member
What are your damages?

It could have been a pricing error on their web page. Was the deal absolutely too good to be true? Merchants do not have to honor orders due to web site errors.
 

Rick2012

Junior Member
@Stevef: In their terms and conditions they say they can cancel orders. However, I never received a cancellation notice. They sent me what I interpret as a confirmation, including the payment and shipping information. In my opinion this is a contract. Please correct me if I'm wrong.
 

Mass_Shyster

Senior Member
@Stevef: In their terms and conditions they say they can cancel orders. However, I never received a cancellation notice. They sent me what I interpret as a confirmation, including the payment and shipping information. In my opinion this is a contract. Please correct me if I'm wrong.
Do the terms and conditions specify that they must notify you if the order is cancelled?
What to the terms and conditions say is your recourse if they do cancel the order?

Yes, you do have a contract, but the contract is subject to those terms and conditions.
 

Zigner

Senior Member, Non-Attorney
From http://usa.tommy.com/webapp/wcs/stores/servlet/en/thb2cus/Terms-And-Conditions:

PRODUCT INFORMATION
Hilfiger cannot guarantee that the products and selection appearing on this Site will be available, either through this Site or at retail locations. All product descriptions, specifications, colors, and prices are subject to change by Hilfiger at any time without notice. ...


and


ACCURACY OF INFORMATION
The information presented on this Site has been compiled by Hilfiger from internal and external sources. No representation is made or warranty given as to the completeness of accuracy of such information. This Site may contain typographical errors, incomplete or out of date information. Hilfiger reserves the right to make changes to the information on this Site, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but Hilfiger makes no commitment to correct or update this information.
 

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