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Nokia USA canceling pre-orders?
Got a call from Nokia USA a short while ago. They stated that they are cancelling my pre-order, due to changing ordering systems. After a short conversation with the sales rep (and a long while on hold while he consulted with his manager), they are refusing to honor the free bluetooth headset offer and extended warranty discount. Eventually, he stated that he would escalate this issue to "upper management" and contact me prior to the release date (which he confirmed to currently be mid-November) to get an order in the new system. Anyone else get this call?
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Re: Nokia USA canceling pre-orders?
Go with amazon or newegg. Cheaper and no taxes.
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n900 cancelled through nokiaUSA
So there was a technical difficulty with the n900 orders and mine was included. My order was canceled and had to reorder. I no longer get the bluetooth or the extended warranty but was given a 15% discount.
I did ask if the release date is still mid novemebr and he said that they have new information that it will be released next week. I'm not getting excited because I have heard to many dates so im just going to wait and see. Anyone else have the same problem info? |
Re: n900 cancelled through nokiaUSA
How did you find out your order was canceled? Mine still shows "in progress". If it were not for the free bluetooth and second year of warranty I would be ordering from NewEgg. 15% off is nice but no tax is a better deal.
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That is what my order said to when i checked before i returned the message I got from a Nokia rep named Alex and told my my order was canceled, maybe i should of mentioned it. I just got in a hurry to post after the call. I thought it was some kind of scam because the message did sound odd. But when I called the customer service number i have on speed dial and asked for alex and he lead me throught the process. I placed my order on the 13th of September.
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Re: n900 cancelled through nokiaUSA
BrightPoint (or Nokia/USA) has done this in the past with the N97. Pre-orders were systematically cancelled. Luckily when they cancelled mine a better offer came around and I jumped on it instead of waiting for a Nokia Representative to call and offer me an equivalent price and package from the pre-order according to a BrightPoint representative.
One thing to note though was that I did NOT find out about my order being cancelled until I called in to check on the status because someone else experienced the same thing and posted their experience on a forum. |
Re: Nokia USA cancelling pre-orders?
@sschueller: Thanks for the suggestion (I had already considered it, but free and/or discounted stuff makes me happy), although not quite what I was looking for...
Another update on this... my order status is still showing "in progress", even though it was supposedly cancelled. |
Re: Nokia USA canceling pre-orders?
I dont know how long the "In Process" shows. I cancel my order from them on 10/22/09 and reordered it with Newegg. Saved me around 150 dollars. But my order as of 10/26/09 still shows up as "In Process". I even called them this morning to make sure my order was canceled... they say it was. I just wish there page would reflect that. But since they have not even changed there ... End of October.. release date... I am guessing they are just real slowwww about updating stuff.
Not sure how much money newegg would save you. But since price was 559 and no sales tax. They money I saved would about buy two of those free bluetooth headsets from nokia |
Re: Nokia USA canceling pre-orders?
I just found listened to the voice mail from Nokia USA telling me that my pre-order has been cancelled as well. Only found how now since I'm on the road. I'm gonna call 'em tomorrow and give 'em holy heck.
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when did you guys pre order?
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I think there needs to be a reason given for this big mess.
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Is this legal? I'm trying to figure out how the legal situation would be in my country... You place a pre-order. As soon as they accept it, there's a binding contract. They can't just go and cancel it because they chose to change their order system.
Is it different in the U.S.? Or didn't they accept the pre-orders? Doesn't matter in the end. It just goes to show Nokia's inability to deal with customers. Yet again. |
Re: n900 cancelled through nokiaUSA
Even worse news N900 delayed till January 2010: http://utestme.com/2009/10/27/nokia-...-january-2010/
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Sorry, never meant or knew that.
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My pre-order was accepted on 9/23. My guess is, as long as they haven't actually accepted any funds for the transaction it's probably fine for them to back out.
Another thing to point out - it sounded like the specific bluetooth headset involved in the promo is discontinued, so they are most likely cancelling orders since they can't fulfill their commitment to ship that model. They are probably just giving false reasons for cancellations that may be less likely to irritate people. Who knows for sure... |
Re: Nokia USA canceling pre-orders?
@ benny1967
If it's ok for you to back out, then it should also be ok for them to back out, right? You did not pay them anything up front? So they have no legal obligation to carry out the order no more than you do. |
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to most distributors, it's a binding contract only after they have the money (some even say in their general terms and conditions (AGB) that the contract is binding only after they have shipped). so, if a pre-order hasn't been paid, it's perfectly legal for the distributor to cancel the pre-order. |
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Only if the vendor states he can cancel pre-orders in his general terms and conditions ("AGB") he may legally do so. In principle (and if such a clause is not found in the terms and conditions), a binding contract is established as soon as both parties say they both want the deal. It doesn't depend on payment or anything else. You go into a shop, point at a phone and say "I want to buy one of these. Can I come next week and pay? I'll take it with me then." The shop owner says: "Agreed. I'll see you next week then." - From this moment on, you are obliged to pay and he is obliged to give you the phone. Should he sell it to somebody else before you fetch it the next day, you can sue him. Also, if you don't show up with the money he can take you to court. The case discussed here is interesting because a change in the order system on Nokia's side might be considered not a valid reason for cancelation even if some rights to do so are reserved in the terms and conditions. I'm not gonna read the English text from the US Nokia site, though... legal texts give me a headache in German already. ;) |
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"Die Bestellung des Kunden stellt ein Angebot zum Abschluss eines Kaufvertrages dar. Die anschließend von uns verschickte Bestätigung des Eingangs der Bestellung stellt noch keine Annahme des Angebotes dar. Der Kaufvertrag kommt erst zustande, sobald wir dem Kunden die Versandbestätigung übersenden." that's from mylemon.at but, i'm not a lawyer (god forbid), so it's entirely possible i'm misinterpreting something, or that clauses like these are not even legal. i just wanted to show that distributors try to protect themselves from preorder complications by saying the contract isn't binding as long as it's a preorder. |
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.... as I said: They need to have such clauses, because otherwise accepting a pre-order would make it legally binding. That's Austrian law, of course. US law is based on very different principles. But still: Sometimes you get amazing results from courts if a company bluntly abuses their own terms and conditions to the consumers' disadvantage... What happened here seems a very likely candidate. After all, the change of the order system was nothing that happened out of the blue. It was completely under Nokia's own control. Well... however. I doubt any of our American friends will really try to sue them ;) |
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i was making the point that everyone has such clauses. classical misunderstanding ;) i thought you really didn't know how it works over here: "I'm trying to figure out how the legal situation would be in my country..." Quote:
it all boils down to what nokiausa.com has in their general terms & conditions and if that's in accordance with us law. |
Re: Nokia USA canceling pre-orders?
I placed my order September 24th. I called Nokia and they said my order was not canceled. Also said they were receiving phones the first week of November and shipping in the middle of November. I got the impression that their computer system canceled old orders if they had not shipped for some period of time. Brightpoint always screws us on price now they screw up the orders as well.
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What i dont understand is, why is nokiausa for example not updating their release date? And amazon.co.uk is still saing 2nd nov. Probably they are not forced to change it, in germany it says 25th nov.
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There is no BINDING CONTRACT. Its a simple reservation without any bindings, ... Nokia could send you an email that the device is 1000$, you see, you dont have to accept it, and they dont have to accept your order and can cancel it if they want to.
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Re: Nokia USA canceling pre-orders?
Couldn't resist the urge and called Nokia to check on mine. It was still active, no need to re-order. The rep said since I ordered pretty early (Sept 4) it might go out with the 1st batch shipped.
Now, he CLAIMED the phones had been released and the 1st ones were about to go to FedEx. BUT, he couldn't verify that mine was one of those. He did say mine would definitely be shipped by Nov 14. Of course, we all know how reliable this kinda stuff is. I'm not holding my breath... |
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well, they still didnt bill my card again yet. so i dont expect it any time before i get my booklet 36 on the 10th.
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I just called Nokia USA to see what was going on with my order, since I never heard back from anyone yesterday. They now claim my order is not cancelled and everything is fine.
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i just called as well and the pre-order is there, but this particular rep would not give me an eta for shipping.
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i called Nokia to check on my preorder I made 9/8 and it wasn't cancelled but i was told it would be eventually. so i had to reorder and got 10% discount. the rep told me eta mid-novemeber.
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Re: Nokia USA canceling pre-orders?
I pre-ordered mine on Sept 7th. I have no news of my order being canceled and I currently have a charge pending from Nokia for my bank acct. (This happens once a week though).
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@ceroberts75: I was just wondering.. because they did originally tell me that my order was cancelled, but somehow it was not cancelled today. As per shipping, I was told today I will receive an e-mail to notify me of shipment.
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