QUESTION

Can the store cancel my order if it was made before the price of the item I intend to buy went higher?

Asked on Jun 01st, 2013 on Entertainment Law - Nebraska
More details to this question:
I purchased a product during a pre-sale on a stores website. Since then the produced has created quite a stir in the community it services. And it is in limited availability so the price has sky rocketed. The store emailed me now saying that I must pay the difference between the price I paid for it originally, or they will cancel the order. I paid $140 per item, and bought 5 of them, and the items currently sell for $290 or even slightly higher. Their website does say that they reserve the right to cancel any order for any reason, but it seems clear to me that this is a violation of a written agreement. It seems to me to be clearly unfair and exploitative business practices.
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2 ANSWERS

Susan Marie Basko
You may want to talk with a lawyer about your specific situation. It sounds like the seller covered itself by having the written notice that it could cancel any sale for any reason. However, this may not hold if the sale was actually covered by the Uniform Commercial Code or by state law and if either of these overrides the contract. You may want to check with the California Department of Consumer Services. Also, most manufacturers do not want their items sold in a misleading manner. However, it sounds as if you also were speculating on a price, rise since you pre-ordered 5 of the item. If the website seller is being forced to pay the higher price, then it seems logical and fair if they are trying to pass that on to you, since their sales contract allows this. The only way to find out is to inquire of an appropriate agency and give them full details about what you bought, from whom, and the contract.
Answered on Jun 07th, 2013 at 10:02 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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If you actually purchased the product (the store cashed your check or ran your credit card), you shouldn't have to pay an additional charge to obtain it. However, if the agreement was that the store would reserve an item for you until it became available and the actual price was not agreed upon at that time, you may have to pay the full price. Check the fine print on the agreement.
Answered on Jun 06th, 2013 at 9:06 AM

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