Can I take some one to court if they sold me the wrong item whih I don’t want and they don’t want to give me my money back?

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Can I take some one to court if they sold me the wrong item whih I don’t want and they don’t want to give me my money back?

They don’t want to give my money back because there is no refunds. Yet, they sold me the wrong item.

Asked on March 27, 2012 under Business Law, California

Answers:

Yin Liang / Linda Liang & Associates

Answered 9 years ago | Contributor

If you define it as "wrong item" because it is inconsistent with the description you gave to them. You can sue them for breach of contract. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If they sent you the wrong item, you could sue them to either get your money back or to get the correct item--a "no refunds" clause does not apply when you were not sent what you ordered.

Note though that if the error was on your end--that is, you wrote down or specified the incorrect item--then they would not have to refund your money or send you a replacement, because in that case they did send you what you actually ordered.


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