Legal Question in Consumer Law in California

Incorrect behaviour by an online store and unilateral cancellation of the order.

I ordered 2 watches at an online store. They came with a ''no-shipping fees'' offer. The Company sent me an email requesting some additional information and told me that I should pay shipping fees after all. I noted that this was like changing the terms of an agreement after having virtually signed it, since I'd been already debited.

After emails from the company confirming my order, after having debited my credit card, after multiple acts showing that they were ready to ship my watches, this company unilaterally cancelled my order claiming that it had made a mistake: that specific brand of watches, they insisted, are not shipped outside the US.

In the site, however, with reference to the ''no-shipping fees'' offer, no distinction is made between domestic and international orders.

They DO carry out international sales and specifically sell watches overseas. There is no reason why they shouldn't.

I complained very firmly AGAIN and warned that I would seek counsel for possible legal action.

I find their behaviour unacceptable and cannot believe that they can do this.

Could I get them to carry out my order? Please let me know if there is anything that I can do to assert my rights. I feel I've been really mistreated here. Thanks


Asked on 4/20/06, 7:57 pm

1 Answer from Attorneys
Tom Martin Law Office of Thomas Glenn Martin

Re: Incorrect behaviour by an online store and unilateral cancellation of the order.

You may have a claim against this online retailer, but it is difficult to tell without additional information regarding who the retailer is, what information was presented to you on the website at the time of purchase, and what (specifically) the customer service representative represented to you. As a preliminary matter, I would suggest that you print out the screens of the internet site (if they haven't changed them yet) so that you have evidence of their offer of "no shipping fees" and any related terms and conditions. Once you have this information, visit my website at http://www.tgm-law.com and call me if I can be of assistance.

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Answered on 4/20/06, 10:56 pm


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