Hacker News new | ask | show | jobs
by wing-_-nuts 851 days ago
I once ordered a gift for my father for christmass. The order page indicated that it would arrive on time. When it didn't arrive, I requested a refund. They then pointed to their FAQ page where they said that orders during the holidays would incur extra processing time, and refused the refund.

I wrote back that unless they issused a refund, I would issue a charge back. You don't get to present the customer with one thing and then do otherwise because you say so on a page the customer has never read when ordering.

They eventually caved, but man, the nerve.

1 comments

This actually sounds like an interesting case to me because the details make a huge legal difference in my mind. (But IANAL, maybe I'm entirely off base here.)

E.g., did they tell you the shipping date after you placed the order, or before? If it was afterward, then it can't have invalidated the contract... you agreed to it without knowing when it would ship. If they told you before, then was it before they knew your shipping address, or after? If it was beforehand, then again, it should've been clear that they wouldn't be able to guarantee it without knowing the address. If it was after they got the address but before you placed the order, then that makes for a strong case, since it was specific to your order and what you agreed to before placing it.

> If it was afterward, then it can't have invalidated the contract... you agreed to it without knowing when it would ship.

> Sellers have to ship your order within the time they (or their ads) say. That goes whether they say “2-Day Shipping” or “In Stock & Ships Today.” If they don’t give a time, they must ship within 30 days of when you placed your order.

from the FTC https://consumer.ftc.gov/articles/what-do-if-youre-billed-th...

I believe that's referring to "shipment" in the sense of "when this gets mailed", not the arrival time like we were discussing? I guess it might depend on where the delays were incurred, and what exactly was promised.
Why would they tell the date after placing? Every online shopping I ever used shows the shipping date together with shipping price and shipping options if there are any.
If they're going to ship immediately, then they can know before you place the order. If there's another entity involved (third party seller, backorder, etc.) then they might not be able to know when it will be shipped with much certainty.