Per payed order unfulfilled
Posted 14 November 2012 - 05:29 PM
Posted 14 November 2012 - 10:50 PM
Posted 15 November 2012 - 07:14 AM
Do I have any rights as a consumer to make them reimburse the price it would be to buy it from another retailer/auction. The price could most likely be a substantial difference.
All you are entitled to is your money back.
If it costs you more someplace else that's your problem.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 15 November 2012 - 07:40 AM
You didn't mention your state, but every state except Louisiana has adopted a body of law called the Uniform Commercial Code (UCC), which applies to contracts for the sale of goods. While the particulars of the UCC vary slightly from state to state, the situation at issue -- i.e., the seller fails to deliver the goods as agreed -- is covered by Secton 2-712, which, in a nutshell allows the buyer to obtain substitute goods (i.e., to "cover") and to "recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages."
There are two potential problems for the poster. First, my guess is that the cost of the item in question is somewhere in the range of $75-150 and that the "cover" damages would be less than $100. Even for small claims court, that's probably not worth anyone's time (especially if you're in one of those states that overly complicates small claims court). Second, you'll have to read the paperwork you received when you placed your order. It's possible that it basically waives any remedies for non-delivery other than a refund of the purchase price.
Posted 19 November 2012 - 09:16 AM
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