Merry Christmas everyone! i have a few questions I hope to get your opinion on. Some background: About a week ago, my wife saw a nice deal on an electric slow cooker on Kmart.com and she made two orders (one for 1 cooker and another for 3 cookers). she got the order confirmation emails soon after. two days ago UPS delivered the order with the 3 cookers. she was so happy! she opened one up and started using it and the other two were wrapped up ready for our loved ones. the next day, she called up kmart to inquire about the status on the order with the 1 cookers. 1st she was told that the oeder was recalled by vendor and then that according to UPS we rejected it (not true obviously). then they said they would rectify the situation. later in the day, we got a email from sears saying that they have recalled our order for slow cooker (no mention of order number nor quantity) due to incorrect price and that money would be refunded (and that they had a right to do it due some clause they cited). that same evening ups guys turned up at our door asking for the three boxes he delivered the day before. we told him we are not returning anything and he left. my questions: 1) for that 1 cooker we did not get, does kmart have right to just cancel the order after order confirmation? what should we do? 2) for the 3 cookers we did get, can kmart recall them back? i wonder if they can insist that we pay the "correct" price? what rights to we have on this? your comments will be appreciated!
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Questions on Kmart.com purchases
Started by fayyazms , Dec 25, 2008 - 5:36 am
5 replies to this topic
Posted Dec 25, 2008 - 5:36 am
Posted Dec 25, 2008 - 7:13 am
1) In a way yes they do have the right to cancel the order.....not directly but as the company selling is more powerful than you they can simply say they are sold out and will not sell......Simply get your money back if they do not give you it. 2) They do not have the right to recall them. What is the exact clause they are referring to? The clause would help. Did you agree to any such clause when you ordered? Furthermore your receipt states that you bought it at a specific price and paid for it. Therefore it is rightfully your property if they already took the money. It would not be your fault if they had a bug or a incorrect pricing on their website. They would be at fault. If they persist on recalling, call them and ask the full details of the clause and when you agreed to it. If everything persists last resort (if the order is large) go small claims court.
Posted Dec 25, 2008 - 10:41 am
Thanks! here is what was in the email: > The recall of the item(s) is in accordance with our liability > restrictions listed within our terms and conditions on our site. If you > have questions regarding this cancellation, please contact us by > replying to this email.
Posted Dec 25, 2008 - 12:21 pm
Of course they have the right to cancel any order and there's nothing you can do about the one that you haven't received. And I think that once that you have it there's nothing that they can do, they can't make you return it. Wait and see if they call you, but they cannot charge you any extra for their mistake. Are you sure that it's recalled because of the price and no other reason? Are they still selling them just at a higher price? If they call you tell them that you had already given them out as gifts.
Posted Dec 25, 2008 - 5:06 pm
If the reason was not for the price it could be a potentially good reason (recall by manufacture, faulty product, etc.). Ask for the specific reason. If they say for the price increase or something similiar but not potentially harmful to you then say you already gave them out as gifts and that there is physically no way for you to obtain them back at this point unless they provide a replacement product of the same quality at no additional charge.
Posted Dec 25, 2008 - 8:37 pm
Thanks for the advice they said it was due to pricing error. we are hanging on to the 3 that were delivered .... my wife has already used one and wrapped the other 2 for friends. will update if Kmart comes back with something else
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