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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70632
Experience:  Over 5 years in practice
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Is Reebok able to cancel the order after having accepted?

Customer Question

Is Reebok able to cancel the order after having accepted? They clearly state 'buy it now' (I have screenshots) rather than 'place an offer now' and have sent an email with the following content:

Hi Jason,

Thank you for shopping at the Reebok Online Shop.

We received your Reebok order and the reference number is:
R000319157

We've successfully processed your order and we must say, you've got great taste. Please review your order details below, and if you have any questions please contact us or call us at 00800 - 888 99 000.

Please note that your order may be shipped in multiple packages. You can track the status of each package through our website, or from the "My Account" link at the top or this email. As soon as your order has shipped, we'll send a verification email.

Thanks again. We hope you visit shop.reebok.co.uk again soon!

Thanks,
Your Reebok team

The case has been detailed by the guardian newspaper here:

Reebok runs into trouble over mistaken free trainers offer
Website glitch meant CrossFit Nano Speed trainers were available for free, with the buyer just paying P&P

http://www.theguardian.com/money/2013/nov/27/reebok-free-trainers-offer
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Did you purchase from them?
Customer: replied 3 years ago.

Yes. We (myself and other half) went through the purchase process a few times buying 15 pairs of trainers (for ourselves and children). They charged us £0.00 for the trainers and £8.50 for postage each time.


 


I took a number of screenshots that clearly stated that the trainers would cost £0.00 with the shipping cost of £8.50 using the term 'buy it now'. And received the confirmatory emails.

Customer: replied 3 years ago.

A few other friends also went through the process and purchased from them.

Expert:  Jo C. replied 3 years ago.
Thank you.

They can rely upon the doctrine of mistake if they have done this in error or is then simply run out.

There is already case law on this that assists them I'm afraid.

You can, of course, bring the Small Claims Court claim against them. They may decide to defend that or they may just make an offer to settle as they will not want to waste manpower on contesting this at court.

It really depends essentially or not you have the stomach for a fight upon whether. The court issue fee alone is £35 and you are likely to lose that if they do decide to defend.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

How would they be able to prove that it was an error rather than a marketing stunt? I understand that the offer was running for a number of days and 300,000 orders placed before they pulled it?


 


 

Expert:  Jo C. replied 3 years ago.
The truth is that if it was a marketing stunt then it was very badly executed because it was open to abuse and would only lead to causing annoyance to 300,000 customers.

They would probably come up with evidence to suggest that, for instance, the trainers were supposed to be £30 instead of £0.

The only way of finding out certain will be to take them to court.

Of course, it might well be that they would settle. They will not want to waste manpower on contesting this action.