Walmart failure to deliver

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Jul 6, 2017
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On June 29th I placed an order for kleenex - 6 cases of 24 boxes at a very good price. My plan was to give these to a local elementary school. On July 2nd I received an email from Walmart saying the order was processing and my credit card was charged. On July 3rd I received a notification that I could pick up the item at my local Walmart. When I went to pick up the item, it was 6 boxes, not 6 cases. The local store referred me to Walmart.com. They offered to refund my money. I don't want my money back....I want the tissues! They are telling me that they have the right to cancel an order if they find an error and they corrected their website on 6/29. My premise is that they accepted my order and accepted payment for the order, constituting a contract. Further they told me the order had been delivered. I had to drive to another city to pick up the order and find out it was incorrect. If they cancelled the order before "shipping" and charging me, I'd be ok, but they didn't. Advice please.....I know Walmart is a behemoth, but I feel like that this is a breach of contract. Thank you!
 

VoR61

Jan 6, 2015
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To be successful in fighting this, you will need an email that indicates an order for 6 cases (your original from Walmart). If it says 6 boxes, you really have no offer of proof. Assuming it does say "cases":

You can appeal your case by using the Company Contacts link near the top of this page.
I recommend you start with the Executive Communications or Executive Escalations link.
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Present only the relevant facts in writing (so you have a record)
...Be polite and professional even if and especially when you have been mistreated
...Always close by thanking them for their time and consideration
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Stick to email and/or online forms, and wait 2 weeks for a reply before moving on to the higher level contacts.
I would include in your email that your intent was to give them to a local elementary school.
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Please keep us posted on your progress ...
 
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Jul 6, 2017
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Thanks...I will do that. I do have confirmations at each step of the way.
Interestingly, this cost for a box of this kleenex is generally about $3 and now the Walmart website says it is almost $8 (for ONE box of kleenex). It's obvious their online pricing is not being adequately QC'd.....very negligent. Thanks again!
 

VoR61

Jan 6, 2015
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the United States
Thanks...I will do that. I do have confirmations at each step of the way.
Interestingly, this cost for a box of this kleenex is generally about $3 and now the Walmart website says it is almost $8 (for ONE box of kleenex). It's obvious their online pricing is not being adequately QC'd.....very negligent. Thanks again!
I'd be interested in a link to the product if you would ...
 
Nov 14, 2016
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Nancy, it is not a "breach of contract". This is clearly spelled out on the T&&Cs on their website.

Walmart reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Walmart. Walmart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

This is perfectly legal and common. Also, Elliott.Org has a long standing policy of not getting involved in cased where people are trying to benefit from a "fat fingered rate". Mistakes happen with both consumers and customers and we prefer that all parties excuse these honest errors when it does not adversely impact the other party.

It won't hurt to try to follow VoR61's advice as maybe an executive will decide to honor the price. But it not something that is incumbent upon Walmart to honor.
 
Nov 14, 2016
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Thank you @Kahhss. It is here:


The part that concerns and confuses me is that nowhere in the language does Walmart talk about fulfilling the order with something different. Their website only specifies their "right" to cancel, which they never did. They let it go through and said nothing until Nancy picked up the order ...
Until she accepted the order by actually taking possession of the items, it was still in the process of fulfillment. It's splitting hairs whether they've started shipping or it has arrived at the store (or commonly with a retailer like Walmart, ordered online and then picked up at the store without any shipping taking place). When she inquired about it, they did exactly what their T&Cs allow which was to cancel the order. It's not really that complicated. Unt

The laws on this vary in all 50 states to a small degree but beyond their T&Cs already addressing this issue is the premise of a "unilateral mistake of fact". That basically says that if the mistake is obvious then rescission is allowed. The mistake of a case selling for the same price as a box probably would be enough in court to negate the sale even without the Terms already addressing this very scenario.

This is really no different than people getting international fares at $150 instead of $1,500. Elliottt.Org doesn't advocate those either.
 
Jul 6, 2017
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Walmart did actually ship 6 boxes (rather than 6 cases) to the store to "fulfill" the order. I understand that they have that disclaimer on their website....but can they disavow adherence to the law? Could I advertise a product to get people to come to my website, hide a notice on my website that no one will ever read saying I reserve the right to take your money but not deliver what I advertised, and then try to get you to accept something less after I take your money? Walmart made an offer of a product, I accepted that offer, I paid for it, they accepted my payment.....and then sent me something different from what I bought. Only now that I didn't accept that lesser quantity do they want to cancel the deal. I wouldn't object if they cancelled on 6/29 when they found their error....but they took my money and then told me to come pick up the product!

Question: To get this resolved am I better off picking up the lesser quantity and trying to get them to fulfill their agreement.....or should I refuse to take possession?
 

Neil Maley

Moderator
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Dec 27, 2014
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www.promalvacations.com
I would not pick them up. Most likely you will not get what you want which is going to make what they sent might expensive tissues.

I am sure my colleagues will weigh in on this as well so you can see what the group consensus is.
 
Nov 14, 2016
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Walmart did actually ship 6 boxes (rather than 6 cases) to the store to "fulfill" the order. I understand that they have that disclaimer on their website....but can they disavow adherence to the law? Could I advertise a product to get people to come to my website, hide a notice on my website that no one will ever read saying I reserve the right to take your money but not deliver what I advertised, and then try to get you to accept something less after I take your money? Walmart made an offer of a product, I accepted that offer, I paid for it, they accepted my payment.....and then sent me something different from what I bought. Only now that I didn't accept that lesser quantity do they want to cancel the deal. I wouldn't object if they cancelled on 6/29 when they found their error....but they took my money and then told me to come pick up the product!

Question: To get this resolved am I better off picking up the lesser quantity and trying to get them to fulfill their agreement.....or should I refuse to take possession?
Again, they are adhering to the law - I'm not sure what part of that I can make clearer. This was the type of stuff that we covered at Cardozo. It wasn't done intentionally and that's the key. It's not really any different than if something is mis-priced in the store and they refuse to ring you up for that price. Retail stores are allowed to do that. Online stores are allowed to not fulfill an obvious pricing mistake, especially if their T&Cs clearly state that they reserve the right to do so (and they do).

Do NOT pick up the lesser quantity. That would constitute acceptance of the delivery and you would have no chance of forcing them to ship you more since you already know about the issue. If you pick up the goods knowing that there's an issue then that's going to constitute your acceptance of the change of the original order. All Walmart would tell you to do is to return the items for a refund.

Why don't you just cancel the order and move on? Trying to force a company into honoring obvious pricing error is not condoned here. It's a nice gesture that you were going to give these to your local elementary school but you haven't suffered any loss by Walmart refusing to fulfill an obvious pricing error. This isn't worth your time.
 
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Jan 5, 2015
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Thanks...I will do that. I do have confirmations at each step of the way.
Interestingly, this cost for a box of this kleenex is generally about $3 and now the Walmart website says it is almost $8 (for ONE box of kleenex). It's obvious their online pricing is not being adequately QC'd.....very negligent. Thanks again!
I've seen something similar when shopping via their online store. The price of what I wanted was almost twice what I actually paid for it when I just picked it up in the store. I've also had prices change (increase significantly) when I added items to my cart. As a result I don't shop online with them anymore. Their online presence really isn't up to snuff for what you would expect for a major retailer.

I would ask Wal-Mart to compenstate you fairly for the unecessary trip you took to the store, maybe a $10~$20 gift gard for gas and your time. You can try their regular customer service or use our company contacts above. You can try to pursue the pricing error but I don't think you'll get very far with it, honestly.