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Per payed order unfulfilled


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#1 christa101

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Posted 14 November 2012 - 05:29 PM

I "pre ordered" a video game from a well known toy store and when the release date came I received a notice telling me my product was on back order. It has now been 2 days and through multiple phone calls I am unable to get a projected date or any window of fulfillment. I worry that with my order being a special version that they may not be able to deliver on my order. 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.

#2 tcarter09

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Posted 14 November 2012 - 10:50 PM

Did the retailer actually collect the funds for the preordered item? Do you show the money being deducted from your account? It's been my understanding that funds for preordered or backordered items can't be collected until the item has shipped unless it's a made-to-order item. They can't collect payment for a product that you don't have. If they did indeed collect the payment and you have no goods to show for it, you can dispute the charge with your credit card company.

#3 adjusterjack

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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.


No.

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.


#4 pg1067

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Posted 15 November 2012 - 07:40 AM

"adjusterjack" is completely wrong here.

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.

#5 Guest_FindLaw_Amir_*

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Posted 15 November 2012 - 10:08 AM

Did you receive any warranty regarding the delivery of this product?

#6 christa101

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Posted 19 November 2012 - 09:16 AM

I want to thank everyone, especially PG1067. I actually was able to speak with the head of legal departments, executive secretary who was wonderful. At the end of the day, they were very willing to make sure I was a happy customer and ended up giving me the entire total I had to pay to get the item ordered from an auction/retail site. So, I was blessed with people that actually care about their job in "customer service" and was shocked at how eager they were to make me happy. To wrap it up, I spent 160$ on the game, they sent me 170$ on a gift card. Nice job, "Geofrey" and the other toys would be proud!! ;)

#7 Guest_FindLaw_Amir_*

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Posted 19 November 2012 - 09:20 AM

Nice to hear that.




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