(Topic ID: 114345)

FS MMRLE Spot - update refund coming

By 2000_Alum

9 years ago


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  • 75 posts
  • 38 Pinsiders participating
  • Latest reply 9 years ago by o-din
  • Topic is favorited by 2 Pinsiders

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    #47 9 years ago

    Making a deposit/payment towards the purchase of a product with an "expected" delivery date is an acceptance of a seller's "all sales are final" terms. Failing to meet an "expected" delivery date would not be grounds for nullifying a contract unless there was a reason to believe that the product would never be delivered.

    How is this hard for people to understand?

    That being said, I would expect a respectable retailer to offer a refund in a case like this where the "expected" date was markedly wrong.

    Nonetheless, GLWS

    #51 9 years ago
    Quoted from Whysnow:

    It is not hard to understand, but in this case you are wrong and can go research consumer protection concerning pre-order if you want. Given the current circumstances and vastly missed promised/expected delivery date, the law is on the side of all MMR pre-order people.

    You are entering the period where you could file a complaint. In 6 mos, you may get to go before an arbitrator to have your complaint heard. If you haven't received the product by then, you may be entitled to a refund. So, I guess that could work out.

    Either way, as I said, a respectable seller would issue a refund in this case.

    #52 9 years ago
    Quoted from Xerico:

    In fact, the FTC states the following on their website.
    "If the merchant is unable to ship within the promised time, it must notify you by mail, telephone, or email, give a revised shipping date and give you the chance to cancel for a full refund or accept the new shipping date. "
    link: http://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received-heres-what-do

    Problem is, there was no "promised" date, only an "expected" date

    And I imagine the contract the buyer agreed to had terms that stated their deposit would be forfeited if they decide to cancel their pre-order

    #56 9 years ago
    Quoted from Xerico:

    Per the FTC ...
    "By law, a merchant should ship your order within the time stated in its ads or over the phone. If the merchant doesn't promise a time, you can expect it to ship your order within 30 days."
    A merchant can insist on many different covenants in their contract, but failure to deliver on a product sold does not protect them from courts and/or federal agencies that have consistently ruled in favor of the consumer.
    The bottom line is that every pre-order customer has an ally in the FTC. If you really want your deposit back, you have a Federal Law and a potent federal agency to will help you.
    Marcus

    The law regarding pre-orders is different from the law regarding sales. Bottom line, it will cost you more money and energy than it's worth to cite some FTC regulatory guideline, rather than a law (which varies by jurisdiction), before some arbitrator, who may or may not agree with you. The FTC is a regulatory agency, you act like you can call them up and they'll send out some guy who will fix your problems for you.

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