Mail Order & Internet Purchases

Item purchased over the internet (non auction)

clayandjill — Fri, 14 Aug 2009 21:57:49 GMT

Hello everyone.

I purchased an english saddle for my daughter over the internet (non-auction). The seller had sent photos of the saddle and had advertised the saddle as being in "excellent" condition.

The saddle arrived yesterday, and is in anything but "excellent" condition. I cannot prove it, but would swear it is not even the same saddle.

I contacted the seller immediately, and provided photos of the damage to the saddle, and told her I would be sending it back for a full refund (minus shipping). SHe is refusing, saying I bought the saddle as is, and the damage happened "in transit". It is quite apparent the damage was not caused by the shipping company.

My question is.....if the seller continues to refuse, can I take her to small claims in my jurisdiction?

Thank you to all who may be able to help....I have a very upset little girl (it was her money that purchased the saddle).

Jill

Selling Cars online

mce — Mon, 02 Nov 2009 05:56:15 GMT

Okay I've been reading on this site for awhile, and I have a a problem. I run a small car lot and expanded the bussiness a few years ago to accomidate to online sales (as in a small town sales are slow), times are very tough right now, and its got to the point of just trying to make ends meet. I try the best to be honest with everyone (despite the reputaion no doubt dubious car dealers have given every other lot).

I sell mainly on eBay under eBay motors, I'm a registered dealer and so I use there dealer only service.

The problem is 9 out of 10 people don't follow through with their bid, causing us to pay fees (some sometimes get retuned but not all) and hold the car for a period of time and causing outside fees to promote the listing like Google Ad services. This is hurting us majorly we spell out that the bid is a legally binding contract to buy (and we state that by bidding buyer agress to all terms) and even state a $500 fee applies to everyone who doesn't follow through with the transaction, honestly 3/4 of the $500 goes to recover money lost, the cars listed go cheap and of course selling and making money only works if they sell quickly.

I added the $500 fee to make people more serious about bidding. Hasn't affected anything and of 28 deadbeats since then none has paid, and we are losing big, and we want to conintue selling online to help pay bills but this is a problem. We have recently decided to send the buyers to collections if they don't pay the $500 fee, and they never pay. And recently a buyer that caused us some much problems and left bad feedback when he found a scracth and he didn't even buy the car that was a 2000 model.

I'm really going to run into the problem of the judge siding with the bidder because of the car dealer stigma that is around, what can I do to collect on these people that don't pay, bidding on a car is no joke it costs us good money and we can't sell it to anyone else for a period of 14 days, even if we have a cash offer.

Apparently this is a huge problem with sites like eBay. I know most peoples answer is just don't sell online, but right now its try doing that or go out of business, you can say it goes with the territory, but we are losing money due to someone else actions, WOULD a judge see it this way??

counterfeit mechandise

Roman2468 — Wed, 21 Oct 2009 02:32:00 GMT

I recently ordered what was described as "NFL/NHL/MLB style" jerseys with a few friends from a source we found on the internet. They were ordered from China. They stated the jerseys would only be the colors of professional teams, with only the names and numbers I chose. So, 5 of us decided to order a couple for each of us, as well as several for other members of each of our family members. In total we ordered 21 NFL, 3 NHL and 2 MLB. I contacted [a company] about they delivery, as I was asked by their online tracking system. I was informed that the jerseys were deemed "fake" by customs and seized. This is my first time ever ordering from overseas like this. Does anyone know what will proceed from here and what my options are? I have already read on www.cbp.gov that if the used trademark logos on the jerseys, they are considered counterfeit. Any help would be appreciated.

Casual internet Sale turns into a Problem

Happy2 — Fri, 02 Oct 2009 05:20:11 GMT

My friend's son, Clay is 19 years old. He is on one of those diesel website, forums, etc. He reads a listing about a guy in another state this would like to purchase a turbo charger. Clay calls the guy up. Dave in Arizona - Clay is in Virginia. Clay has a 1980 dodge cummings turbo charger and sells it to Dave for $250.00 Clay get the large priority mail box and packs it up and ships to Dave. Clay paid for shipping. Dave gets the turbo charger. He emails Clay and tells him that the turbo charger is damaged. He shows a photo of the box with a big smashed side, then show the turbo wheel has one bent fin out of the wheel. Clay goes to the post office and talks to them with the photos. The post office said they normally do not deliver a package if it is damaged to that degree. Someone in Arizona could have delievered it anyway - but in Virginia they stop the shipment because it damaged a lot. So Clay had emailed Dave and told him he was checking with the post office. Dave is getting upset, wants a full refund and the money for him to ship it back to Clay BEFORE it is returned. He wants the $250 plus then he will return the turbo charger. Clay knows not to do this - and that the guy has to return the part then he could give him the $250 back but not pay for the shipping back. Now Dave is starting to bully Clay. He knows Clay is 19 and Dave is 32. He has wrote an email - "don't be a chid and hide from the problem. This is YOUR responsibility! Be an adult, be professional and take care of this like a man. I'm not sure what the problem on your end is?!" Contact me. Dave and his phone number.

Since this transaction occurred casually over the phone - without any warranties, written or spoken, and just I have one and I will buy it - and then it turns into this issue. What is the law on this type of situation? Is Clay suppose to accept his return and refund the money? Clay wants to do what he is legally suppose to do. He would like to not have to take the turbo charger back and keep the money, but if he legally has to take the return then he will send Dave a specific email stating the return comes first then the refund.

Dave is unemployed and age 32 living in Arizona. Clay is the seller livign in Virginia age 19. What is he legally obligated to do now? Thank you.

Order Returned but Company Out of Business

I Will Survive — Mon, 14 Sep 2009 23:33:15 GMT

My father placed a mail order purchase. The item was returned. Tracking indicates the item was delivered to the place of return as instructed. My father checked on the status of a credit to his bankcard, and each time was assured that the credit would be processed, but that he needed to allow 1 to 2 billing cycles for the credit to post. He waited and waited, and still no credit. When he called to inquire about the credit, there was a recorded announcement stating that the company had been taken over by another company. I don't think it was an actual bankruptcy, but it was some sort of reorganization. Bottom line--they have the goods, and my dad is out $1,000. I have written to the company and I am being ignored. Since my dad kept waiting at the advice of the customer service rep, the time frame for filing a dispute with his credit card company passed. Any advice? Thank you.

What is the law on seller responsibility to deliver?

jsgeare — Wed, 26 Aug 2009 11:08:48 GMT

Currently involved in a great debate on[a] web site about seller responsibility for item shipped until the same is received in good condition and as described, by the buyer. My contention is that, absent any specific agreement to the contrary, the seller is responsible for the item until such time as it is delivered to seller. Loss or damage in shipment falls on the SELLER, not the buyer. The buyer is either owed a replacement or money back.

But other sellers say that IF they have a posted policy that says they are NOT responsible once they ship the item, THEN they are not required to do anything if the item is lost, damaged, etc. My response is that a simple notice somewhere on the seller's web page is not enough -that the buyer must specifically agree to these terms, preferably with an email affirming such agreement.

I believe the UCC has the answers to these questions, but darned if I can read through the legalese. Can anyone:

Tell me in plain language what the deal is regarding who is responsible, and
Cite the law that spells this out such that I or anyone may go read it for myself

I am grateful for all replies.

Scam

pfish — Wed, 22 Jul 2009 11:01:54 GMT

I fell for this scam and immideatly after reading the terms and conditions called to cancel my order as stated in the terms and conditions. I was told 3 seperate times that I would recieve a cancellation conformation via e-mail within 24-48 hours and of course I've never recieved anything. I have called 8 times and put on hold for over an hour and then been disconnected, I have e-mailed over ten times to cancel (per their terms of service instrucitons) and no one responds. This company will not let you do anything to cancel a recurring order. The times I did talk to someone on a phone they would not give a cancellation number only their fake names and badge number, saying that cancellation numbers are only sent via e-mail. I have tried everything under their terms and conditions to cancel but they refuse to acknowldge a cancellation. I know cancelling my credit card would be of little use, so is there any thing I can co to really stop this? Thanks in advance

Mail I didnt order

jme0706 — Wed, 08 Jul 2009 05:59:48 GMT

I received a computer in the mail from a college I attended last year. It has my name and address on the shipping address and no other slip inside the box stating otherwise. I did not order this computer. My dad signed for it when I was not home considering it had my name and address. Is it legal for me to keep this computer? Or would it be some sort of fraud even though it had my name? I mean, I'm pretty sure that when they were printing the shipping address, my name was probably clicked by mistake, but since it has my name and address and nothing stating otherwise, is it legal for me to keep?

Terms and conditions of online "free sample"

Pepe Phil — Tue, 07 Jul 2009 03:45:45 GMT

Recently, I agreed to accept a free sample online from a vendor. I thought the deal was simple, I pay for shipping and handling, and get a free sample. That was what the online form I saw on my screen said. I submitted a credit card, and they sent an email acknowledging my order. A few days later, my sample arrived.

A few weeks later, I saw that a charge from the company appeared against my account. I phoned them, but their line was busy that time, and every time I wanted to communicate with them. I then emailed them, and they told me they would stop all future recurring orders.

I wasn't quite sure why they said that in this particular manner, but I hoped that ended the issue. I realized they still had taken my money, and asked for it back. Then they referred me to their "terms & conditions."

I didn't know about these. They never referred to them in the past, and there was nothing about them in my order form for the sample. If I ordered from the home page of the company, it was there about 3 or 4 screenfuls down, but having never ordered any samples, I was unaware of it.

Evidently, they want to hold me responsible for these terms and conditions because they were on the web page where I ordered from. I didn't know to look for it because I'd never ordered samples before. My bank seems to feel that if I could have seen it on the webpage, it is binding.

It doesn't seem right because even if there are other terms of a sale in the paper world, the seller has to refer to these in the contract.

Am I bound by these terms and conditions?

[online auction] seller defrauds

lookingood — Sat, 27 Jun 2009 05:12:57 GMT

I bought a movie [online] and was automaticaly signed into a membership by the seller for $29.95 a month. other people have been dinged by buying books on other sites too. The company runs under different names at time of purchase but billing comes under [a.com company] one of the vender name is [name removed] [If you search online under this company name you'll] and find fraud websites with many customers complains. If a lawyer is interested in a class action this may be a good one.

Purchased cell phone - later reported stolen

sconrad5126 — Wed, 03 Jun 2009 01:56:47 GMT

On 3/30 I purchased a cell phone online from what I considered to be a reputable seller.

I received the cell phone several days later and within a few days of receiving it, added it as the active phone on my cell phone plan.

On May 12th I was contacted by a detective in San Diego, the city that the seller lives in, claiming that the cell phone that I had purchased has since been reported stolen and that I'm to send her the cell phone. She has also sent me a letter and postage paid packaging to ship her the phone. I've asked for a copy of the police report and was told that, at most, she could send me a portion of the report showing the serial number of my phone being listed as stolen.

I've confirmed that this is a legitimate detective by calling SDPD and speaking with her directly through the PD's phone lines so this isn't a scam.

[The phone company] has told me that this cell phone is not listed as stolen with them and the detective has told me that is because [the company] will not allow her to list it as stolen since it is activated on an account.

[The sites] cannot help me because they require a claim to be initiated within 45 days of an item being purchased.

The detective has told me that the person who sold me the cell phone was not the person who had stolen them but that they had unknowingly purchased the items from the person who had stolen it so the seller is off the hook because they do not have the cell phone. (But they still have my $229)

My questions are this:

1) How is the seller allowed to keep the proceeds from stolen goods without reimbursing me the funds?

2) Do I have any claim to this phone given that [the company] has me listed as the owner of the phone, I have a receipt of payment for the phone and had no prior knowledge of the item being stolen?

3) What types of penalties/charges can I face if I refuse to send this cell phone to the detective?

4) What sort of information would someone have to show to prove that they are the legitimate owner of the phone after it had been passed through this many channels (i.e. what gives them more claim to the phone that myself? I have proof of purchase and again, I was able to activate the phone on my account which causes [the company] to view me as the owner.)

5) Wouldn't I be entitled to some form of proof that this cell phone was stolen, such as a full copy of the police report, before I can be required to send it to someone?

I guess I'm looking for more guidance on this issue than anything.

Thanks in advance!

-Scott

Misleading terms and conditions

egemill — Wed, 27 May 2009 16:52:30 GMT

Hi there,

Like a idiot i bought a penis extender from a website based in California (i live in England) i got a special offer which i thought was great when i checked my credit card statement this month i saw that i had been charged another $40.00 dollars i then went back to the website in question and used there online chat facility i told them about the charge they said i had enrolled in a doctor support program for 6 months, ihad on idea i had done that, i questioned it

they told me i should learn to read and terminated the conversation,

i Then emailed there customer support saying i would take issue with my credit card company this is there responce

Hey ....,

You can't be removed from the program as I mentioned to you. Take this to whoever you want, we will win any disputes or "legal" battles you may want to engage in. The customer is usually wrong, as is in this case. Good luck.

Ok as you can see from above these people are extremelly rude and viscous, by the arogance i think they probably have me tied into this thing for another 4 months, how can i get out? do i take issue with my credit card company ? the way they where so rude to me makes me think they do this alot even when you receive your creditdard statement there name is in it which is embarrissing when you have to contest it.

They want another $160.00&n... 4 months!!

shall i just report my credit card as stolen so they cant charge it?

is there any legal repercussions if i do this? this company are really mean!! but i do live in a diffrent counrty from them is there a loophole?

shall i just take it for what it is and learn from this mistake( ordering these devices does make you vunerable) it's not a great deal of money

I hate bullys and i think this company is exploiting mens vunrebilitites

any advice is welcome

Consumer Law Mail order

gishb — Sat, 23 May 2009 22:59:18 GMT

I sent the wrong order to a customer in Indiana. I sent an item worth more than the one they ordered. If they do not want to return the wrong item to me. - what can I do?

Chain Letters

CARL VOGEL — Sat, 16 May 2009 16:51:51 GMT

I have received letters in the mail that I suspect as being chain letters and would like to know if it is against the law to send them out as told or not.

I usually send them back to the post office to be checked out. I never here what is found out about them tho. As I have heard it is against the law to continual a chain letter.

I would really appreciate a response as to what others think a chain letter is or if indeed it is illegal to participate in them or not.

Purchasing DVD Movies From Germany - U.S. Tariff Fees

Lizzy7 — Sun, 05 Apr 2009 03:39:02 GMT

I am a consumer and want to purchase many DVD movies from Germany. I live in Nevada, U.S.A. and need information about potential U.S. tariff fees.

Do I have to pay tariff fees for DVD movies?

If yes, how much does it cost?

Do they charge tariff fees just for the items or also for the shipping costs?

Where, when and how would I have to pay for the tariff fees?

Where can I find information about U.S. tarfiff for DVDs? I couldn't find anything.

void warranty if bought from unauthorized dealer.

duelce — Wed, 11 Mar 2009 18:14:46 GMT

I bought the headphones from an unauthorized dealer. They will NOT honor the warranty if the product was purchased from unauthorized dealers.

The merchant informs me that by law they must honor the warranty.

Who is right?

Fraudulent C.O.D. order?

dog1 — Tue, 17 Feb 2009 18:11:24 GMT

A neighbor recently placed an mail order in my name, without my permission. It was with a cigarette company that she deals with on a regular basis and there was a "payment mix up", that resulted in the company refusing to ship future orders to her address. (in other words, she didn't pay her bill and the co. refused to send her anything else until payment was made in full) She asked if she could have an order shipped in my name, to my address and was told no. My husband and I do not smoke and would really rather not have the product and future solicitations sent to our home, as it is our goal to raise smoke free children. I explained to the neighbor that we feel that allowing tobacco to be shipped to our home, would send mixed messages to our children, so the answer was a firm NO. She placed the order anyway and on delivery day, met the mail man to intercept the order.
Anyone who reads this will see that there are some major boundary issues at play here, but my question is, did she break the law? I'd like to be able to say, "If you order in my name again, I'll take legal action." At the same time, I don't want to be one of those obnoxious idiots, threatening to sue people with no legal leg to stand on. However, I feel like this is just one step away from identity theft. She called the company, told them she was me and placed a C.O.D. order in my name. And then told the mailman that, I new the order was coming, but couldn't be home to get it and asked her to sign for it. Very calculated. I've contacted the cigarette company regarding what happened, so that they do not fill any future orders in my name and hopefully I they will stop sending me ads and coupons. Is there legal action that I can take if this happens again? What can I say, or do to make sure this does not continue to happen?

Insurance claims - Lost packages in the mail - Hire lawyer

ssomu007 — Thu, 26 Feb 2009 13:57:44 GMT

we run online business and last year we lost 10+ packages during shipping in various incidents.

1. 10 packages worth $16000 lost during transit
fully insured but need help to speed up insurance claims

2. paid for 3 internet purchases and packages lost
need to claim from companies.

we are located in BEAR, DELAWARE Area

please let us know if any one can help us filing

claims or discuss more on this

thanks
somu

unknowingly purchased copied DVDs over the internet

razorr26 — Fri, 20 Feb 2009 23:15:51 GMT

I recently purchased a DVD set online from a webpage that looked legit. I went to the BBB website to make sure they were okay, and they've only had one complaint in the last 36 months, so I figured they were okay. Anyhow, I ordered the DVDs and when I got them, they were copies. I know this because the DVDs have the sticker fronts (the things anybody can print out in photoshop), the simple design on the DVDs (a birthday cake on every disc), the DVD cover was obviously printed on a computer, and the copyright information was not present on anything. I could also tell by the bottom of the discs that they were store-bought. Can I get in trouble for having these DVDs? Is there any kind of action I can take?

Thanx for reading!
Robb

Returned merchandise but no refund or contact anymore!

mrlegoman — Mon, 16 Feb 2009 00:56:54 GMT

I know this topic has had to come up before, but I'm not sure what to search for.

I purchased a set of headlights for my car online for ~300$. They sent me the wrong ones. I followed their online return process and after some back and forth for over a month they sent UPS out to my house to pick the wrong ones up. But now I've received dead silence from them. No return of emails and just voice mail when I call.
My next step is going to be to call my CC company and see if they can reverse the charge. But it has been over two months now, so I have doubts they will do anything about it.
So I'm not sure what to do next.
This company is based in California. I know I can go through and do a report with the BBB. But is their someone in the local city/county government that I could contact? Is it worth hiring a lawyer to write a nasty letter to them even though the cost of the goods would not justify taking them to small claims court?
I'm just not sure what to do next. Any advice would be greatly appreciated!

to Kevin57

Angie, Community Moderator (Admin) — Tue, 17 Feb 2009 02:59:09 GMT

Your message violated the Rules of this site, by which you agreed to abide upon registration, the first of which states that businesses are not to be mentioned by name.

Please read the Rules before you post again:

http://community.lawyers.com/messageboards/rules.asp

Angie
Community Moderator

to GirlyGirl4U

Angie, Community Moderator (Admin) — Sat, 31 Jan 2009 03:10:44 GMT

When you registered on this site, you stated you had read and would post in keeping with its Rules, the first of which says businesses are not to be mentioned by name. I deleted your post, as it violated this Rule. You can repost the quotation, asking what others would understand it to mean, but you can't mention the company.

You'll need to explain the abbreviations you mentioned.

Angie
Community Moderator

Scammed By: itzel123

Angie, Community Moderator (Admin) — Wed, 28 Jan 2009 03:32:54 GMT

(Consumer)
Date: 1/27/2009 3:35:16 PM
Member Since: 1/27/2009
State: CA

I signed a contract with on September 5, 2008 (This company is from New Jersey and provide in home lessons anywhere in the U.S) In this contract it stated that my classes would start on September 29, 2008. Its January of 2009 and I still haven't had any lessons. I've contacted the school and at first they were telling me that the instructor was still not done with other students. Then on December of 2008 I was contacted by an instructor who said she might not have any space to teach me. So she said she was going to try to make some space and she never called me again. I've tried to contact the school leaving messages and they don't call me back. I paid $1,633 for an 8 month contract. I already reported this to the Federal Trade Commission and The Better Business Bureau. What else can I do? Is it necessary to contact a lawyer? Any possibility of getting my money back?

Missing Parcel with personal stuff

nikita3 — Sat, 24 Jan 2009 04:53:27 GMT

I am alien, designer, live in Iowa, Dubuque.
Parcel Post in Postal Service in period from 10/16/08 till 10/20/08 lost parcel with 50 pieces of fabrics,antique embrodary which I bought for almost 3 years in different towns, stores of USA for my design collection.
I am not able to buy SAME fabrics again, there are no such ones more in stores. My collection already was created.
Mail Recovery Center sent back my Parcel search requist with stamp "No found".
I am classified my case as "bodily injury claim". Because of I have real suffering, humiliation,distress physically hurting,
avoid activities that I used to do before the accident. All my plans was destroyed by Parcel Post.
I lost money for fabric, money for clothes which I already created but have no, possibility to show my creative abilities and to find job with my proffesion and due my abilities.

I already have clamed to inspector PS US.
Must I clam of this case in police?
Parcel was sent from state Texas to Iowa, can I use help of lawer in Iowa?
What state laws will he use Iowa or Texas?