Build-A-Bear order cancelled

RedAlfalfa

Mouseketeer
Joined
May 14, 2006
Messages
136
Warning to those who bought $40 worth of gift cards for $25, the orders are being cancelled. It was a computer error.
Mine were mailed out already, but my friend (who placed her order minutes before I did) got an E-mail that her order was cancelled.
She called and the code was supposed to be for their sister store "Friends2bmade".
 
Wow you got yours already.. I got notice that both of mine had shipped just waiting for them now
 
I got mine in the mail today too. I was very happy I got in this deal :) They can't do anything now that I have them right?
 

I have an order confirmation number and an email that says it has been shipped. They wont cancel on me now will they?
 
It's against the law for them to cancel the order and not enforce it upon demand, even if they "reserve the right to," after you have received confirmation. Companies do it anyway, because most customers won't complain.

If your order is canceled, I would call customer service and demand they enforce the sales contract. If they point you to any "we reserve the right to cancel order, fix prices, etc." provisions, these are almost universally considered unconscionable by a court, and are never enforced. If they refuse, just say you will file a small claims suit for specific performance, and that usually will get you your order.

That's assuming one wants to deal with the company on the phone for however long it might take. In the end, though, they have to sell you what they sold you. Often times, it isn't worth the aggravation, hence why companies are often able to successfully back out of legal contracts.

It happened to me once on Amazon when I purchased something that I didn't even realize was a price mistake (and while it was a bargain, it wasn't one of those "obvious" bargains). They tried to cancel my order, but a quick call (admittedly Amazon has great phone customer service) fixed that up real fast. Amazon even admitted to me that they know they can't legally cancel the sales agreement, but they try to with customer anyway. In basic contract law, if a customer doesn't take any affirmative action to have a reneged contract enforced, the customer is considered to have ratified the cancelation of the contract. And, when the customer agrees to back out of the contract, the store has not done anything illegal.
 
i'd love to see this so called 'law' because i don't believe it exists.
 
I received an email telling me that it was an error because coupon codes aren't allowed to be used to purchase gift cards. However, it said that since I was a "Stuff for Stuff Club" member they would be honoring my order.
 
i'd love to see this so called 'law' because i don't believe it exists.


It's not a law like 'you must stop at a red light'.
It's part of contract law- basically if the store offers item-x for sale for $y, and you agree to buy it and send them the amount requested, then the store has made an offer to you and you, by sending them payment of $y, have agreed to that offer. THus you have both entered into a contract, the contract being that you give the store $y, and they give you item-x.

If one party breaks the contract, the other is free to sue them for the item or the $value of the item.

Most stores want to keep their customers, and don't want to waste time and money in court over something like this, so they will most often agree to let you have the item for the price originally agreed upon.
 
I believe in their agreement to use the website you agree that if a product is advertised at the wrong price they reserve the right to cancel your order. It's the "fine print" that no one reads when they register at websites. It is exactly what Target used to get out of the carseat and snowblower orders.
 
However, contracts can be invalidated because of mistakes in some cases. Additionally, part of the "contract" you agree to when buying the item is their terms, including the one that allows them to cancel orders if there is a pricing mistake. I highly doubt a court would find this contract unconscionable, as it would be impossible to prove both procedural and substantive unconscionability because you didn't get a good deal on gift certificates. It is a contract of adhesion, but all standard terms contracts are, and courts don't tend invalidate them simply because you didn't have the chance to negotiate terms. They get invalidated when they are grossly unfair to the party in the weaker bargaining position. This case just doesn't seem to meet this test, nor does the Target carseat snafu.

State consumer protection law may be a better remedy. Some states may limit a store's ability to cancel sales. If you or anyone else want to find out, you can contact your state's Attorney General Office, they are the ones who enforce consumer protection laws.
 
mine shipped out right away but I'm just waiting on them now. Other people that ordered a few mins after me got theirs yesterday. I never got any cancellation emails though.
 
mine shipped out right away but I'm just waiting on them now. Other people that ordered a few mins after me got theirs yesterday. I never got any cancellation emails though.

Dont feel bad I posted the original thread, I ordered last Monday, got an email that it shipped Tuesday. The one I ordered Tuesday arrived today, still havent received the first order.
 





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