My order is cancelled. What should I do?

L

liv4spd

New member
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.
 
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.

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.
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gc70 said:
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.
Click to expand...
Good to know. Thanks.
 
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.
 
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.
 
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.
 
liv4spd said:
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.
Click to expand...

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