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-   -   Nokia USA canceling pre-orders? (https://talk.maemo.org/showthread.php?t=33522)

rewt 2009-10-26 20:51

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?

sschueller 2009-10-26 21:08

Re: Nokia USA canceling pre-orders?
 
Go with amazon or newegg. Cheaper and no taxes.

ewagner 2009-10-27 01:18

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?

Bruce 2009-10-27 01:38

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.

Crashdamage 2009-10-27 01:42

Re: n900 cancelled through nokiaUSA
 
Quote:

Originally Posted by ewagner (Post 358693)
So there was a technical difficulty with the n900 orders and mine was included. My order was canceled and had to reorder...Anyone else have the same problem info?

I just checked. Mine, ordered Sept 4, is still there, 'In progress'. You had me worried for a minute though...

ewagner 2009-10-27 01:47

Re: n900 cancelled through nokiaUSA
 
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.

ciaomatteo 2009-10-27 02:14

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.

rewt 2009-10-27 02:48

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.

Ghule 2009-10-27 05:01

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

sljonson 2009-10-27 05:31

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.

kin900 2009-10-27 06:19

Re: Nokia USA canceling pre-orders?
 
when did you guys pre order?

christexaport 2009-10-27 06:37

Re: Nokia USA canceling pre-orders?
 
I think there needs to be a reason given for this big mess.

benny1967 2009-10-27 07:32

Re: Nokia USA canceling pre-orders?
 
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.

onutz 2009-10-27 10:49

Re: n900 cancelled through nokiaUSA
 
Even worse news N900 delayed till January 2010: http://utestme.com/2009/10/27/nokia-...-january-2010/

TA-t3 2009-10-27 11:09

Re: n900 cancelled through nokiaUSA
 
Quote:

Originally Posted by onutz (Post 358890)
Even worse news N900 delayed till January 2010: http://utestme.com/2009/10/27/nokia-...-january-2010/

Careful with that. That page is simply recycling information originating from here (talk.maemo.org), so by refering to that page you're creating a self-feeding information loop.

pycage 2009-10-27 11:43

Re: n900 cancelled through nokiaUSA
 
Quote:

Originally Posted by TA-t3 (Post 358899)
Careful with that. That page is simply recycling information originating from here (talk.maemo.org), so by refering to that page you're creating a self-feeding information loop.

Self-feeding information loops are prone to get picked up by journalists to fuel a self feeding wrong-information avalanche, so be careful what you say on the web. :D

onutz 2009-10-27 11:48

Re: n900 cancelled through nokiaUSA
 
Sorry, never meant or knew that.

rewt 2009-10-27 11:49

Re: Nokia USA canceling pre-orders?
 
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...

nowave7 2009-10-27 11:55

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.

SubCore 2009-10-27 12:10

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by benny1967 (Post 358809)
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.

not really...
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.

benny1967 2009-10-27 13:16

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by SubCore (Post 358928)
not really...
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.

Well, actually it's the other way round in your country :D

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. ;)

SubCore 2009-10-27 13:35

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by benny1967 (Post 358956)
Well, actually it's the other way round in your country :D

hmmm i recently purchased several items from several distributors in our country, and they all had clauses like this one:

"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.

benny1967 2009-10-27 13:44

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by SubCore (Post 358966)
hmmm i recently purchased several items from several distributors in our country, and they all had clauses like this one: ...
.......


.... 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 ;)

sjgadsby 2009-10-27 13:47

Re: n900 cancelled through nokiaUSA
 
Quote:

Originally Posted by rewt (Post 358727)
...I already started a thread for this...

Threads merged.

SubCore 2009-10-27 13:52

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by benny1967 (Post 358971)
.... as I said: They need to have such clauses, because otherwise accepting a pre-order would make it legally binding.

ah, yes :)
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:

That's Austrian law, of course. US law is based on very different principles.
indeed.
it all boils down to what nokiausa.com has in their general terms & conditions and if that's in accordance with us law.

Bruce 2009-10-27 18:20

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.

Rotkaeqpchen 2009-10-27 18:25

Re: Nokia USA canceling pre-orders?
 
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.

les_garten 2009-10-27 18:34

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by Ghule (Post 358761)
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

Heh, it looks like the status page is about as accurate as the availability on the websites and the estimation of delivery times!

les_garten 2009-10-27 18:37

Re: n900 cancelled through nokiaUSA
 
Quote:

Originally Posted by pycage (Post 358914)
Self-feeding information loops are prone to get picked up by journalists to fuel a self feeding wrong-information avalanche, so be careful what you say on the web. :D

Well, if Nokia doesn't want self perpetuating BS Loops they could provide REAL information.

NvyUs 2009-10-27 18:55

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by benny1967 (Post 358809)
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.

not read all thread so don't know if this as already been said but i'm almost sure that in EU or atleast in UK you dont enter any kind of binding contract until the exchange of money took place when purchasing goods

Rotkaeqpchen 2009-10-27 19:10

Re: Nokia USA canceling pre-orders?
 
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.

Crashdamage 2009-10-27 19:26

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...

ceroberts75 2009-10-27 19:44

Re: Nokia USA canceling pre-orders?
 
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.

rewt 2009-10-27 20:08

Re: Nokia USA canceling pre-orders?
 
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.

ceroberts75 2009-10-27 20:11

Re: Nokia USA canceling pre-orders?
 
i just called as well and the pre-order is there, but this particular rep would not give me an eta for shipping.

rewt 2009-10-27 20:20

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by ceroberts75 (Post 359222)
i just called as well and the pre-order is there, but this particular rep would not give me an eta for shipping.

Did they contact you regarding your order being cancelled?

ac2484 2009-10-27 20:39

Re: Nokia USA canceling pre-orders?
 
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.

krcantwe 2009-10-27 21:01

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).

ceroberts75 2009-10-27 23:05

Re: Nokia USA canceling pre-orders?
 
Quote:

Originally Posted by rewt (Post 359231)
Did they contact you regarding your order being cancelled?

no. but they did tell me that i would not be called or recieve an email when it shipped. just that it would be FEDEX

rewt 2009-10-28 00:22

Re: Nokia USA canceling pre-orders?
 
@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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