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  1. #1
    Join Date
    Dec 2013
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    6

    Default Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    My question involves a consumer law issue in the State of: New York

    Hi guys, as a 22 year old I am pretty naive to many of the rights I have as a consumer so I came here looking for help.

    Monday I bought two pairs of shoes of off Nike from what is called a "restock." It was limited shoes that were sold earlier in the year, and put back up for grab at a random time to be bought. I believe the availability of shoes on the website was directly linked their their stock of shoes, because random pairs would become available 10+ minutes after they initially posted the restock (the initial posting sold out in less than a minute). These shoes becoming available were from people clearing shoes out of their carts, and I believe this proves the shoes sold online were coded with a quantity, the quantity they had available, or AT LEAST the quantity that they agreed to sell to the public!

    So like I said, I bought two pairs, checked out, and received a order confirmation from them in my email. Fast forward to yesterday, they cancelled one of the shoes that I purchased. So my question is, would it be illegal for Nike to withhold stock from me if they have even a single pair of the shoes left in my size?

    This wasn't the first time that they restocked these shoes, which leads me to believe they may be planning another restock of these at a later date. However, in my opinion I believe that it would be illegal for them to cancel my order, and then sell it at a later date.

    Thank you for any help you can give. I am sorry for this being somewhat unorganized.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: lg;hsgo;hu

    They don't have to sell to you. They are free to withhold merchandise for later sale. Disney's been doing it for years.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Can a Retailer Cancel Your Order if Your Item is Out of Stock

    Your belief that the item was in stock does not magically mean that it actually was in stock. There is no reason to believe that Nike was not interested in selling out its entire inventory.

  4. #4
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    If you read the disclaimer that is on their site, you should not be here trying to make implied arguments.

  5. #5
    Join Date
    Dec 2013
    Posts
    6

    Default Re: Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    But if they have another restock that is proof that they still have stock because these sneakers aren't being produced anymore. They have had multiple restocks of this shoe already, so I only expect that they still have stock because they have held back stock for later dates before.

    I am just saying, if they have another restock wouldn't I have a right to one pair? They told me that they are out of stock and in the event that they did have another restock wouldn't that mean that they lied to me, since they still had stock available? I could be wrong but my thinking was just getting them to officially state if there was stock or not left that way if they do have stock left they'd be forced to give me a pair in order to be able to sell the rest of the stock that they had.

    I don't know why they don't restock their complete stock in one shot, but they have done it before so I feel that I have reason to be suspicious.

  6. #6
    Join Date
    Apr 2009
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    35,894

    Default Re: Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    You don't have the right to anything except to take your business elsewhere.

  7. #7
    Join Date
    Dec 2013
    Posts
    6

    Default Re: Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    Ok, understood. Thank you for the help everyone.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    A company may well sell stock until it is out of inventory, then later restock based upon returns, inventory located in a warehouse, etc. It does not have to keep an order pending "just in case" it later finds additional stock. It can work from its active inventory.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    In fact, unless they can deliver in 30 days, they are pretty much obliged to cancel the order (or at least make arrangements with the buyer).

  10. #10
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Can a Retailer Cancel Your Order if The Say Your Item is Out of Stock

    When ordering from a company, the order you place is an offer to create a contract. Their confirmation is just an acknowledgment that they have received your order. They accept your offer either by shipping the product, or notifying you that they are going to ship the product. Since the company did neither of these things to legally accept your offer to purchase, you had no contract with them. You state "...or AT LEAST the quantity that they agreed to sell to the public!" You are mistaken. Their advertisement of product is not an agreement to do anything. It is a solicitation for you to make an offer, which they can accept or reject. If advertising a product was an offer or agreement, then companies would be sued all the time when items are over-ordered and they have insufficient inventory to fill all orders. Business simply couldn't be done on that basis. Sorry.

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