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Article #12307

Re: Please read ! I have a consumer complaint.

#12307
From: David P. Summers
Date: Thu, 18 May 1995 00:00
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In article <jcchanD8sI15.6tC@netcom.com>, jcchan@netcom.com (John Chan) wrote:
> *  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?

NO.  I'm no expert, but I'm sure they can't change your order (which is
a verbal contract) w/out your permission.

> *  If I don't like anything I ordered, do I always have rights to get 
>    full excluding shipping charges?

Unfortunately, I don't think you have a right to a refund because it
didn't turn our to be what ou wanted.  If they had shipped you a part
you didn't order, or it was broken, you could demand a refund.  Otherwise,
I think it depends on what their policy is.

> *  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?

I think they can set any return policy they want.  If you think you
might need to return something, it pays to ask about the policy 
ahead of time.

> *  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?

Not paying sales tax is a loop hole that mail order companies have
been exploiting.  I'm pretty sure that a state has a right to collect
sales tax for everything their residents buy.  However, most companies
have taken the position that a state they don't reside in can't force
them to collect the tax on their behalf or provide data for it's collection
(which means it is virtually impossible to collect).
> 
> I really need help from anybody who know where or who I can contact to
> settle down this issue.

It is likely that you are stuck with one item and the original agreed to
purchase.  I would refuse to pay for two items and even insist that if
they want one of them shipped back, they should pay the expenses (you
didn't ask them to send it to you).
________________________
(Disclaimer: If NASA had any position on any of this do you
think they would have ME give it?)
David Summers - Summers@Ethyl-the-Frog.ARC.NASA.Gov
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From: Summers@Ethyl-the-Frog.arc.nasa.gov (David P. Summers)
Subject: Re: Please read ! I have a consumer complaint.
Date: 1995/05/18
Message-ID: <Summers-1805951921450001@ethyl-the-frog.arc.nasa.gov>
X-Deja-AN: 102858333
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references: <jcchanD8sI15.6tC@netcom.com>
organization: NASA - Ames Research Center
newsgroups: ba.consumers,alt.consumers.experiences,alt.consumers.free-stuff,misc.consumers