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Canceled Sale Paid With Credit Card, Is Sale Enforceable?


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#1 Skarbo

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Posted 26 November 2012 - 06:31 PM

Sept 14th, a customer bought a computer and some software updates to replace his current system. It was hand delevered on the 15th and the customer plugged it into the internet and I logged on to complete some installation details. Screen shots verify this.

Nov13th I receive the computer via UPS without a call from the customer requsting a RMA. In fact there was no comunication since Sept 18th. We do not accept anything without a PO# or a RMA# so it was refused.

The purchase was made using a Master Card, he complained that he never signed a credit card slip so they took the money he paid me and refunded it to him.

Can I sue him in small claims court? Can he cancel a purchase without even contacting me?
What are my rights?

#2 adjusterjack

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Posted 26 November 2012 - 08:45 PM

Can I sue him in small claims court?


Sure.

Will you win?

Maybe.

Thing is, you got the computer back, he's got his money. You first have to resell the computer to determine whether you lost any money on the deal. That amount would be your damages.

Can he cancel a purchase without even contacting me?


Of course he CAN do it. He already DID do it.

What are my rights?


You're a self employed businessman and you have to ask that question?

Yikes.

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.


#3 Skarbo

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Posted 26 November 2012 - 09:43 PM

But I don't have the computer. I never accepted delivery so it was returned.

#4 adjusterjack

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Posted 27 November 2012 - 07:24 AM

But I don't have the computer. I never accepted delivery so it was returned.


Then you sue for the whole amount.

You can find the small claims court information on the following list:

http://www.freeadvic...laimscourts.htm

Your court website should have forms and instructions.

However, if he's located in another state, you'll have to sue where he's located.

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.


#5 pg1067

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Posted 27 November 2012 - 07:29 AM

Can I sue him in small claims court?


Of course you can. Did you really think the answer might be otherwise?


Can he cancel a purchase without even contacting me?


He apparently did exactly that, so the answer to this question seems rather obvious.


What are my rights?


Like every other person, you have dozens of legal rights, and it would serve no useful purpose to try and list them all.


We do not accept anything without a PO# or a RMA# so it was refused.


Who are "we"? I assume you or some business entity with which you are affiliated was the seller. Correct? Are these terms clearly spelled out in the written contract between the seller and the buyer?


The purchase was made using a Master Card, he complained that he never signed a credit card slip


So what? I buy stuff all the time online or over the phone and never sign a "credit card slip" or anything else.


so they took the money he paid me and refunded it to him.


Who are "they"? If you're saying that the buyer submitted a dispute pursuant to the provisions of his credit card agreement and that the credit card issuer resolved the dispute in favor of the buyer, it begs the question what the seller submitted in response to the credit card issuer's inquiry. In other words, one cannot buy something online or over the phone and then successfully dispute the purchase on the basis that there is no signed credit card slip. There must be more to this.


But I don't have the computer. I never accepted delivery so it was returned.


First of all, this suggests an obvious flaw in your policy mentioned in your original post. Second, one assumes you pointed this out in response to the inquiry from the buyer's credit card issuer. Right?




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