Product Purchase: Request for very general legal advice
- 12-29-2009, 07:44 PM
Product Purchase: Request for very general legal advice
A consumer purchases product A. Product B was considered, but not purchased because it was 25% more expensive. The products are very similar.
Product was received by the consumer the next day for pickup. The consumer, assuming they received product A, was satisfied with the product.
2 weeks later the sales staff calls the consumer and reports that they accidentally gave the consumer product B. They request that the consumer return the given product in exchange for what they claim to be the appropriate product. The sales staff admits over the phone that the mistake was on their end. The sales slip indicates serial number A, while the sales staff claims that the consumer has product B. The serial number is not accessible with the naked eye.
1) Does the serial number legally obligate the consumer to exchange the product?
2) Does this scenario require an attorney at this point?
- 12-30-2009, 02:42 AM
I'm really curious what the hell the products are.
But imho you're fine and just tell them they made a mistake, it's part of business, and they should eat the cost. You paid and they sent you an item. If it was the wrong item either one of you could sue... but in reality it's never gonna happen unless you ordered a 1/16 model Camaro and they "accidentally" sent you a real one.
Unless you're talking serious money I would just let them know you are keeping the item. If they have a problem with that you would be happy to take your business elsewhere since they seem to blame the customer for their own mistakes.
- 12-30-2009, 02:43 PM
Very well thought out response. Thank you.
The product is an engagement diamond. Chances are that the store will have to use a crowbar to EXTRACT the ring from the female's finger. Otherwise I'd just frisbee throw the effin thing back at them and get my money back.
We're only talking a 1200 dollar difference. In my opinion, paying for legal protection would be a waste for such a (relatively, of course) small amount.
12-30-2009, 04:20 PM
12-30-2009, 04:23 PM
They will never take this to court, it would be horrible for business if anyone found out (might wanna strongly remind them of that if they keep asking). Beyond that it's simply not worth the costs involved for the amount.
12-30-2009, 04:31 PM
I am not a lawyer but I do know that if the store makes a mistake in your favor, it is their loss. Caveat Emptor works both ways. I once priced a very rare Rolling Stones LP at friend`s store for 49.99. It should have been $499.99. My mistake. It sold. My loss. Also if a store misprices an item(s) they can not raise the price until end of business that day and must sell the product at that price. Enjoy your ring and if you paid by CC make your bank/service aware and watch for another charge.
12-30-2009, 06:13 PM
I agree that they probably won't take it to court. I'm wondering if they would report the ring stolen? I'm quite capable of explaining my side of the story if something like that were to arise. But I don't want to put my fiance on the spot for a scenario like that.
Great point with the CC. I sure wish I used my own card. But I financed through the business. At the time of purchase I figured, "oh well, 0% financing so what's the big deal." Lousy choice by me.
I'm wondering if I'll see a higher bill next time?
12-30-2009, 07:04 PM
12-30-2009, 10:47 PM
They have to prove that the diamond in question is, indeed, of greater value. They cannot enter into a contract with you and then change the price based on a guess. They should also do it without inconveniencing you. They should consider the embarrassment and disappointment that would result in you taking it back from your fiancee to be replaced by one of lesser quality. Just and FYI, if you take them on one of those TV court shows, you both get paid and the suit is paid for by the production. It's a win/win. LOL Congrats, BTW.
12-31-2009, 12:28 AM
12-31-2009, 12:33 AM
If you do, just fax the receipt to your CC company and dispute it. You won`t have a problem. Just keep an eye on it. Or if you are really concerned, report YOUR card stolen in a few days and get a new card with a new #. LOL. Either way best of luck and congrats on the engagement.
12-31-2009, 02:25 PM
Speaking in general terms (i cant give specific legal advice, but i can talk on some of the areas)-furthermore, it all depends on what state you are in..
1. There is not an obligation created if it was a mutual mistake. If you knew it was not the right stone then you are in a completely different situation. THere is a legal/equitable cause of action that they would have considering it was a mistake... however, practically, if there is only a small difference in price it will not be worht the filing fees and attorneys fees to try and collect it. THey will most likely just eat the loss.
2. No, I do not think you need an attorney until/if they file some form of legal action. I would not speak to them anymore than explaining your positiont hat it was a mistake but you have already given her the ring and return it would cause damage to you.. and leave it at that and see what they do...
12-31-2009, 03:01 PM
This is their mistake and they should have been more careful. You have no legal obligation to return it, maybe a moral one, but hey everyone's moral are different.
I wouldn't return it to them
Asked a close friend of mine that is a lawyer for what you should do.
01-01-2010, 06:55 PM
woo... big sigh of relief yesterday. I spent my entire New Years Eve in contact with an attorney, my insurance carrier, 2 small business owners, and got the stone we have appraised. I discovered that we did in fact, have the more expensive stone. I'm 99.9% sure that it was an honest mistake by the salesperson, and I'm 100% positive that I didn't budge an inch with the store manager or district manager when it came to keeping the stone.
The end result was an exchange of COA and a new receipt showing the appropriate serial number and characteristics. I wasn't charged any extra and, by being stubborn, even got a worthless apology.
Thankfully, my fiance didn't part with her ring and I'm pretty sure this is a done deal.
Thanks to all of you for your input and showing that you care! I used quite a bit of info in this thread while stating my case.
01-02-2010, 12:51 PM
01-02-2010, 12:59 PM
man, i would have offered the company to have the fiancee countersue the business 1200 bucks for "emotional distress" for having them remove said diamond.
glad to hear everything worked out. congrats!
01-02-2010, 08:33 PM
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