Eat the shipping and do the dispute, regardless of how the dispute resolves the CC processor hits the merchant with a $25 dispute resolution fee. I would also call your attorney generals office about this, it may classify as bait and switch depending on your states laws.
Did you use credit card? If you did, then save yourself the trouble and just dispute the charges through your credit card company--provided yoiu haven't exceeded the grace period. They didn't send you what you ordered for, so the charges are invalid.
Originally posted by: tm37
Of course that only applies to MAIL Order (USPS)
You may be thinking of mail fraud. No specific carrier is mentioned in the mail order rule, and I've never heard it only applying to orders shipped via USPS. Of course, IANAL, but I've thrown it at vendors once or twice and it's gotten them moving.
Sucks that I'll have to eat the shipping costs to them if I dispute with CC. Wish the CC would start without having me to ship it back first. This way Maxline would HAVE to arrange pick up if they wanted their machine back.
Geez! Are you the type that gives more information than needed? You should have just said that you never received what you ordered for, communicated it to the company but they wouldn't do anything. No need to have said you received something, but just not the right item. Once the retail store saw your dispute, they would, in all likelihood, quickly either send you what you ordered for, or refund in full and make plans to cover the return shipment.
I'm not a lawyer so this isn't legal advise. Its my opinion as a random person on a forum and if you take my advise without checking facts, well... I'll happily frame the summons as proof that there are indeed people that dense...
In this situation the item should be considered a gift per 39 U.S. Code § 3009 (links below, you're welcome and please read the actual law for yourself). If you were shipped the wrong item, the original item should therefore be considered unshipped. A legal contract is formed when you buy something online which bascially says that when an offer has been made by one and accepted by another, an exchange of material value called consideration makes it binding. In this case, consideration is made when the merchant charges you for items you have purchased. If they don't ship the items they are legally bound to produce, you can stop payment or dispute the charge, however you want to sound when telling the company you are taking your money back, fair and square. Among other things, a merchant might be accused of crazy things like wire fraud, fraudulent misrepresentation of material facts leading to the decision to purchase the items, RICO is a far stretch but fits the bill if involving a third party seller on a merchant, but realistically nothing of the sort will ever come unless there is widespread fraud and a bunch of people have the same complaint to the same government that really only cares when they're about to look bad (or worse).
Normally you have 60 days from the statement date of an error to report it to your credit card company or bank, but there is a second type of dispute that you can file up to a year after the purchase (or maybe the statement date, I'm not sure, so go ahead and quote me if you'd like to explain to people that you were the one who followed a stranger's advice online). Its in the fair credit and billing act or whatever that's called, i don't have the information off the top of my head since I didn't have to deal with that nonsense. The bank will give a general sigh when you bring a stack of paperwork or email an encyclopedia of evidence, but once they have it they should run with it. Don't piss them off, whatever you do, and don't tell them to work faster because you want your money. They know that you want your money and you shouldn't mess with the bank employees for the same reasons you shouldn't mess with wait staff or bartenders... They have the a great deal of influence in how smooth your business moves.
https://www.consumer.ftc.gov/articles/0181-unordered-merchandise
https://www.gpo.gov/fdsys/granule/USCODE-2011-title39/USCODE-2011-title39-partIV-chap30-sec3009
In this situation the item should be considered a gift per 39 U.S. Code § 3009 (links below, you're welcome and please read the actual law for yourself). If you were shipped the wrong item, the original item should therefore be considered unshipped. A legal contract is formed when you buy something online which bascially says that when an offer has been made by one and accepted by another, an exchange of material value called consideration makes it binding. In this case, consideration is made when the merchant charges you for items you have purchased. If they don't ship the items they are legally bound to produce, you can stop payment or dispute the charge, however you want to sound when telling the company you are taking your money back, fair and square. Among other things, a merchant might be accused of crazy things like wire fraud, fraudulent misrepresentation of material facts leading to the decision to purchase the items, RICO is a far stretch but fits the bill if involving a third party seller on a merchant, but realistically nothing of the sort will ever come unless there is widespread fraud and a bunch of people have the same complaint to the same government that really only cares when they're about to look bad (or worse).
Normally you have 60 days from the statement date of an error to report it to your credit card company or bank, but there is a second type of dispute that you can file up to a year after the purchase (or maybe the statement date, I'm not sure, so go ahead and quote me if you'd like to explain to people that you were the one who followed a stranger's advice online). Its in the fair credit and billing act or whatever that's called, i don't have the information off the top of my head since I didn't have to deal with that nonsense. The bank will give a general sigh when you bring a stack of paperwork or email an encyclopedia of evidence, but once they have it they should run with it. Don't piss them off, whatever you do, and don't tell them to work faster because you want your money. They know that you want your money and you shouldn't mess with the bank employees for the same reasons you shouldn't mess with wait staff or bartenders... They have the a great deal of influence in how smooth your business moves.
https://www.consumer.ftc.gov/articles/0181-unordered-merchandise
https://www.gpo.gov/fdsys/granule/USCODE-2011-title39/USCODE-2011-title39-partIV-chap30-sec3009
mnewsham
Lifer
- Oct 2, 2010
- 14,539
- 428
- 136
Fuck that, I've never paid for return shipping on something sent to me in error.
Get a prepaid shipping label, or i'm keeping it, and i'll charge back on top of keeping the item.
If they want their item back, they can pay for the shipping, it's not your fault they messed up. Why should you go through the hassle of paying for shipping to have it reimbursed at a later date by some other entity?
mnewsham
Lifer
- Oct 2, 2010
- 14,539
- 428
- 136
You'd never get that lucky on ATOT. You should know this by now.Damn, I thought it was a real 13 year-long update.
ultimatebob
Lifer
- Jul 1, 2001
- 25,134
- 2,450
- 126
Has that ever worked for anyone here? The BBB seems to be on the businesses side, not our side.
Actually this is incorrect. I called UPS with a question about their UPS choice(scheduled delivery time window) and then also asked them how I could return to sender if I wasn't home. They told me that you can return to sender within 3 days of receiving the package if you weren't home to receive it by taking it to a UPS store unopened.
pcgeek11
Lifer
- Jun 12, 2005
- 22,391
- 5,004
- 136
BBB report worked for me with Sirius Radio a few years ago. Full refund an an apology letter.
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