🚀 go-pugleaf

In <jcchanD8sI15.6tC@netcom.com> jcchan@netcom.com (John Chan) writes: 
>
>I had a pretty bad purchasing experience as follows:
>
>5/11	I called a manufacturer (AMP) to request several distributors 
>	toll-free number for quotation on an AMP voltage regulator 
>	(part # 560594-1) which used to convert 5V to 3.3V for 486 CPU 
>	and I got 3 distributors which are Hamilton Hallmark 
>	(1-800-423-8662), Times Electrons (1-800-448-4633) and
Miseal(sp?)
>	Industry (1-800-522-0084).
>
>	I then called each of them and found out the actual price.  
>	I chose Hamilton Hallmark because Times told me I had to meet
>	a minimum order of 2 and there is a minimum order of $50 for
>	each purchase.  The part I ordered is around $38.  Miseal(sp?) 
>	told me they sold it at around $55.
>
>	When I placed an order, I paid by my credit card and I requested
>	only one AMP and the salelady told me each piece would cost me 
>	$38.67 and $11.25 for UPS 2nd day shipping.  I would only think
>	the total amount is around $50 and the salelady never mention
>	anything about total amount or return policy.
>	
>5/16	I received the mail sending from North Carolina, that I believe
>	it's the location of Hamilton Hallmark's warehouse in the
afternoon
>	(13 and 14 are Sat and Sun) and I found there were 2 AMPs in the 
>	box and no invoice in the box.
>
>	I then called back to Hamilton to ask them why they sent me 2 
>	instead of 1 and the same lady told me they had a policy of 
>	minimum order of $50.  In order to reach $50 balance, they sent
>	me 2.  That's why they sent me 2 to $50 order.
>
>	When I asked more instructions about the part because there is 
>	nothing to tell me how to use the part and she seemed to know 
>	nothing in using it.  She just told me she could order something 
>	more for me if I have the part number She also didn't mention
>	me any return policy if I am not satisfied with the part or the 
>	amount I was paying at that time.  At that time, I want to make 
>	sure whether it works for my system and try it on next day first.
>
>5/17	I tried the part with my CPU and motherboard and I couldn't make
>	it work.  Then I decided to return it at that time.  When I
called
>	back Hamilton Hallmark,  there is a guy who told me the previous
>	lady that I used to talk was not in the office and I had to talk 
>	to her in order to return the part.
>
>5/18	I did call back and talked to the same lady.  She was telling me
>	if I was going to return it,  I had to pay $50 restocking fee.
>	I am so unhappy because $50 was really too much as a restocking 
>	charge but she kept saying it wouldn't be enough to cover their
>	return expense.  I then requested to talk to their manager, but
>	she kept insisting they sent me the right part and she could let
>	me get replacement if the part was wrong or defective.  There was
>	still a service charge of $50 to return it.  She also told me
>	the total balance is $95.17 which consists of $38.67 x 2 = $77.34
>	for 2 piece of AMPs + $11.25 UPS 2nd day shipping + $6.58 sale 
>	tax.  I then asked why they put a sale tax on my order since
>	I am located in California and the sale office is at Tempe, AZ
>	and the warehouse is Oxford, NC.  She told me any personal order
>	or non-reseller order would have to pay sale tax even it is 
>	out-of-state.  Then we terminated our call.
>
>	I called my credit card company after that.  The representative
>	advised me I could consider it as dispute charge if it was not
>	the original amount I authorized and I could call the Chamber of
>	Commerce at the city location of that company to file a
complaint.
>	
>I am really sad about what this happened to me and I am definitely
trying
>my best to find out my consumer rights on this issue.  Before I
contact 
>any government party, I would like to listen any opinion on my
questions.
>
>*  Is any merchant able to change my order to reach the value of their
>   minimum order without letting customer know and charge the amount
on 
>   their credit card?
> 
>*  If I don't like anything I ordered, do I always have rights to get 
>   full excluding shipping charges?
>
>*  Is restocking fee legal if the customer doesn't know it?  I would 
>   consider a small amount of restocking fee acceptable.  But how can
>   you have guildline on setting up restocking fee upon return item?
>
>*  Is it really true I had to pay sale tax under this circumstances?
>   Why don't I need to pay sale tax for every mail order then?
>
>I really need help from anybody who know where or who I can contact to
>settle down this issue.
>
>John

Boy John, sounds like you had a rough experience.  I don't know if I
can help at all, but I do know that Mastercard, Visa, and Discover
cards expressly specify that retailers may not have a minimum charge
amount.  Amercian Express can.  That means if this company is trying to
enforce a minimum charge amount for Mastercard, Visa, or Discover they
are in violation of their service agreement.  You could then contact
the credit card company and tell them that there policy is being
broken.  Good luck.
Ross Sanger
Sanger1@Netcom.com